SECTION 355.70. Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Words defined in the Texas Water Code, Chapter 15, 16 or 17, and not defined here shall have the meaning provided by the appropriate chapter.

(1) Affected county--Means a county that has an economically distressed area which has a median household income that is not greater than 75 percent of the median state household income.

(2) Economically distressed area--An area within an affected county in which:

(A) water supply or sewer services are inadequate to meet minimal water supply or wastewater needs of residential users as defined by the minimum state standards adopted by board rules;

(B) financial resources are inadequate to provide water supply or sewer services that will satisfy those needs; and

(C) an established residential subdivision was located on June 1, 2005, as determined by the board.

(3) Facility planning--The studies and tasks that are required to be performed pursuant to §355.73(a) of this title (relating to Scope of Facility Plan) to determine the engineering feasibility of water or wastewater facilities for an economically distressed area, including the studies and tasks that may be required to be performed under §355.73(b).

(4) Minimal wastewater needs--A wastewater system that complies with the minimum state wastewater conveyance and treatment requirements as established by the Texas Commission on Environmental Quality.

(5) Minimal water supply needs--A water system that complies with the minimum state water treatment, conveyance, and storage regulatory requirements for human consumption as established by the Texas Commission on Environmental Quality.

(6) Political subdivision--Means an affected county, a municipality located in an affected county, a district or authority created under Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution, located in an affected county, or a nonprofit water supply corporation created and operating under Water Code, Chapter 67, located in an affected county, that receives funds for facility engineering under Water Code §15.407 or financial assistance under Water Code, Chapter 17, Subchapter K, or an economically distressed area in an affected county for which financial assistance is received under Water Code, Chapter 15, Subchapter C.

(7) Sewer services or sewer facilities--Means treatment works as defined by §17.001 of this code or individual, on-site, or cluster treatment systems such as septic tanks and includes drainage facilities and other improvements for proper functioning of septic tank systems.

(8) Wastewater facilities--Any devices and systems which are used in the transport, storage, individual treatment, on-site treatment, cluster system treatment, centralized treatment, conservation, recycling, and reclamation of domestic waste or which are necessary to recycle or reuse reclaimed domestic wastewater at the most economical cost over the estimated life of the new works, including intercepting sewers, outfall sewers, sewage collections systems, pumps, power equipment, septic tanks (including surface or subsurface drainage facilities and other improvements for proper functioning of septic tank systems), nonconventional treatment methods, and other equipment and their appurtenances; and extensions, improvements, remodeling, additions, and alterations to existing wastewater facilities. The term does not include devices and systems within dwellings, businesses, or institutions.

(9) Water facilities--Any devices and systems which are used in the collection, supply, development, protection, storage, transmission, treatment, and retail distribution of water for safe human use and consumption. The term does not include devices and systems within dwellings, businesses, or institutions.

Source Note: The provisions of this §355.70 adopted to be effective October 11, 1991, 16 TexReg 5329; amended to be effective May 6, 1992, 17 TexReg 3001; amended to be effective February 11, 1999, 24 TexReg 765; amended to be effective January 4, 2000, 24 TexReg 12070; amended to be effective April 11, 2006, 31 TexReg 3057; amended to be effective January 2, 2007, 31 TexReg 10802