SECTION 328.53. Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Other definitions, pertinent to specific sections, are contained within the appropriate sections.

(1) 30-Day supply--An amount equal to the highest documented monthly consumption of tires consumed for energy recovery or legitimately recycled in the six-month period preceding the month for which the supply is being calculated. A facility in operation for less than six months shall submit an estimate of a 30-day supply for commission review, evaluation and approval.

(2) Alter--To modify any record or document kept or received by any entity subject to the requirements of this subchapter.

(3) Authorized representative--A facility owner or a person designated in writing by a facility owner to sign documents, make commitments for the entity, and represent the entity in all matters related to the application for registration or permit.

(4) Authorized scrap tire facility--A facility authorized to accept scrap tires including, but not limited to, a registered scrap tire storage site, scrap tire facility or permitted landfill.

(5) Closure--The cessation of acceptance of used or scrap tires or tire pieces for processing and/or storage which results in taking the facility out of service.

(6) Facility--All contiguous land and structures, other appurtenances, and improvements on the land used for the storage or processing of scrap tires.

(7) Fleet operator--An entity that owns or operates more than 15 vehicles and generates 30 or more used or scrap tires per calendar quarter.

(8) Generator--An entity, except a scrap tire energy recovery facility and a scrap tire recycling facility, that is a fleet operator, is an automotive dismantler, or is a whole new or used tire retailer, wholesaler, manufacturer, recapper or retreader.

(9) Good used tire--A used tire, not including a recapped or retreaded tire, suitable for continued use for its original intended purpose.

(10) Land reclamation--The filling, rehabilitating, improving and restoring of excavated and/or deteriorated and/or disturbed land for the purpose of restoring the land to its approximate natural grade and to prepare or reclaim the land for re-use.

(11) Land reclamation projects using tires (LRPUT)--A project to fill, rehabilitate, improve and/or restore already excavated, deteriorated or disturbed land, which uses no more than 50% by volume of tire pieces along with inert fill materials, for the purpose of restoring the land to its approximate natural grade and to prepare or reclaim the land for re-use. Projects for the use of used or scrap tires or tire pieces as a component of an On-Site Sewage Facility as defined in §285.50 of this title (relating to General Requirements for Registration and Certification) are not included in this definition.

(12) Manufacturer reject tire--A tire rendered defective in the manufacturing process, whether the tire is determined to be defective before or after consumer purchase.

(13) Off-the-road tire--A tire intended for use on heavy machinery, including, but not limited to, an earth mover/dozer, a grader, agricultural machinery or mining equipment. Truck tires are not off-the- road tires.

(14) Operator--The person responsible for the overall operation of the facility.

(15) Owner--The person or company who owns the facility or part of a facility.

(16) Processing--The extraction of materials from or the transfer, volume reduction, conversion to energy or separation and preparation of solid waste for reuse or disposal.

(17) Professional engineer--A person licensed by The Texas Board of Professional Engineers to practice engineering in the State of Texas.

(18) Scrap tire--A whole tire that can no longer be used for its original intended purpose. A whole used tire that can be used, reused or legally modified to be reused, for its original intended purpose is not a scrap tire.

(19) Scrap tire facility--A facility that processes, conducts energy recovery or recycles used or scrap tires or tire pieces.

(20) Scrap tire storage site--A registered facility where more than 500 used or scrap tires (or weight equivalent tire pieces or any combination thereof) on the ground or more than 2,000 used or scrap tires (or weight equivalent tire pieces or any combination thereof) in enclosed and lockable containers. The term does not include a transportation facility or a scrap tire facility that stores on-site no more than a 30 calendar day supply of used or scrap tires or tire pieces.

(21) Scrap tire transporter--A registered entity that collects and transports used or scrap tires or tire pieces for storage, processing, recycling or energy recovery.

(22) Tire monofill--A below-ground depository, landfill or landfill trench consisting of greater than 50% by volume of tires or tire pieces.

(23) Tire piece--A particle of a scrap tire or scrap tire piece that has been split, quartered or shredded to a usable size such as two-inch minus, or other size required by an industry user or recycler.

(24) Tire processor--A registered scrap tire facility where used or scrap tires or tire pieces are collected and shredded or baled for delivery to a scrap tire storage site, or to a facility that recycles, reuses or recovers the energy from the tire pieces. Mobile tire processing facilities shall be considered scrap tire facilities and required to comply with all applicable requirements contained in this subchapter relating to scrap tire facilities.

(25) Tire shredder--A piece of equipment used to split, shred or quarter tires, whether stationary, or mounted on wheels or skid mounted.

(26) Trailer--For the purposes of this chapter only, an enclosed, portable and lockable container for the storage of less than 2,000 used or scrap tires. This may include a trailer, railcar, roll-off container, or dumpster.

(27) Transportation facility--A facility such as a marine terminal, rail yard, or trucking facility where scrap tires or tire pieces may be stored for periods longer than 30 consecutive calendar days.

Source Note: The provisions of this §328.53 adopted to be effective September 5, 1999, 24 TexReg 6761