Texas Water Code 26.263 – Definitions
Terms Used In Texas Water Code 26.263
- Account: means the Texas spill response account. See Texas Water Code 26.263
- Commission: means the Texas Natural Resource Conservation Commission. See Texas Water Code 26.001
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Discharge or spill: means an act or omission by which hazardous substances in harmful quantities are spilled, leaked, pumped, poured, emitted, entered, or dumped onto or into waters in this state or by which those substances are deposited where, unless controlled or removed, they may drain, seep, run, or otherwise enter water in this state. See Texas Water Code 26.263
- Executive director: means the executive director of the Texas Natural Resource Conservation Commission. See Texas Water Code 26.001
- Hazardous substance: means any substance designated as such by the administrator of the Environmental Protection Agency pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (42 U. See Texas Water Code 26.263
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Permit: means an order issued by the commission in accordance with the procedures prescribed in this chapter establishing the treatment which shall be given to wastes being discharged into or adjacent to any water in the state to preserve and enhance the quality of the water and specifying the conditions under which the discharge may be made. See Texas Water Code 26.001
- Person: includes an individual, firm, corporation, association, and partnership. See Texas Water Code 26.263
As used in this subchapter:
(1) “Discharge or spill” means an act or omission by which hazardous substances in harmful quantities are spilled, leaked, pumped, poured, emitted, entered, or dumped onto or into waters in this state or by which those substances are deposited where, unless controlled or removed, they may drain, seep, run, or otherwise enter water in this state. The term “discharge” or “spill” under this subchapter shall not include any discharge to which Subchapter C, D, E, F, or G, Chapter 40, Natural Resources Code, applies or any discharge which is authorized by a permit issued pursuant to federal law or any other law of this state or, with the exception of spills in coastal waters, regulated by the Railroad Commission of Texas.
(2) “Account” means the Texas spill response account.
(3) “Harmful quantity” means that quantity of hazardous substance the discharge or spill of which is determined to be harmful to the environment or public health or welfare or may reasonably be anticipated to present an imminent and substantial danger to the public health or welfare by the administrator of the Environmental Protection Agency pursuant to federal law and by the executive director.
(4) “Hazardous substance” means any substance designated as such by the administrator of the Environmental Protection Agency pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9601 et seq.), regulated pursuant to Section 311 of the federal Clean Water Act (33 U.S.C. § 1321 et seq.), or designated by the commission.
(5) “Person” includes an individual, firm, corporation, association, and partnership.
(6) “Person responsible” or “responsible person” means:
(A) the owner, operator, or demise charterer of a vessel from which a spill emanates;
(B) the owner or operator of a facility from which a spill emanates;
(C) any other person who causes, suffers, allows, or permits a spill or discharge.