The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) 401 Certification--A certification issued by the state to assure that a federal permit or license is consistent with state law as authorized under the Federal Clean Water Act, §401.
2. (2) 402 Permit--See NPDES permit.
3. (3) 404 Permit--A Department of the Army permit issued under the authority of the Federal Clean Water Act, §404, which authorizes the discharge of dredged or fill material into waters of the United States. 404 permits can be either individual, general, or by letter of permission. Individual 404 permits are only issued following a case-by-case evaluation of a specific structure or work in accordance with 33 Code of Federal Regulations, Part 325, a determination that the proposed structure or work is in the public interest pursuant to 33 Code of Federal Regulations, Part 320, and that the proposed action is consistent with 40 Code of Federal Regulations, Part 230 (§404(b)(1) Guidelines).
4. (4) Activity--The construction, operation, maintenance, or modification of facilities, structures, channels, or equipment which may result in any discharge into or adjacent to waters in the state or which may otherwise affect water quality.
5. (5) Affected person--Any person who is determined by the commission to have a legally justiciable interest that may be adversely affected by an action taken on a certification.
6. (6) Applicant--Any person who applies for any license or permit granted by an agency of the federal government to conduct any activity which may result in any discharge into or adjacent to waters in the state.
7. (7) Aquatic Ecosystem--Waters in the state, including wetlands, that serve as habitat for interrelated and interacting communities and populations of plants and animals.
8. (8) Clean Water Act--33 United States Code §§1151, et seq, and the Clean Water Act, §§101, et seq.
9. (9) Commission--The Texas Natural Resource Conservation Commission, acting through the executive director pursuant to §279.2(c) of this title (relating to Purpose and Policy).
10. (10) Department of the Army Permits--All permits and licenses issued by the Department of the Army Corps of Engineers including 404 permits and permits issued under the authority of the Rivers and Harbors Act of 1899, §10.
11. (11) Discharge--Deposit, conduct, drain, emit, throw, run, allow to seep, or otherwise release or dispose of any pollutant, or to allow, permit, or suffer any of these acts or omissions.
12. (12) District engineer--The Department of the Army representative responsible for administering, processing, and enforcing federal laws and regulations relating to the U.S. Army Corps of Engineers, including permitting.
13. (13) Emergency--A condition either meeting the requirements of federal law as constituting an emergency or applicable provisions of §305.23 of this title (relating to Emergency Orders).
14. (14) Executive director--The executive director of the Texas Natural Resource Conservation Commission.
15. (15) General permit--A permit authorized by a federal licensing or permitting agency on a regional basis. General permits are designed to regulate with little delay or paperwork certain activities having minimal impacts.
16. (16) Individual permit--A permit that is issued by a federal licensing or permitting agency following an evaluation of any activity including, but not limited to, the construction or operation of facilities which may result in any discharge into waters of the United States.
17. (17) Licensing or permitting agency--Any agency of the federal government to which application is made for any license or permit to conduct an activity which may result in any discharge into or adjacent water in the state.
18. (18) Nationwide permit--A type of general permit authorized by a federal licensing or permitting agency through publication in the "Federal Register" that is applicable throughout the nation. Nationwide permits are designed to regulate with little delay or paperwork certain activities having minimal impacts.
19. (19) NPDES permit--A written document issued by the regional administrator of the United States Environmental Protection Agency (EPA) as required by the Federal Clean Water Act, §402, which authorizes the discharge of any pollutant, or combination of pollutants, into navigable waters of the United States.
20. (20) Person--Any corporation, organization, government, or governmental subdivision or agency, business trust, estate, trust, partnership, association, individual, or other legal entity.
21. (21) Pollutant--Any dredged spoil, solid waste, incinerator residue, sewage, garbage, refuse, oil, sewage sludge, munitions, hazardous waste, hazardous substance, chemical waste, biological material, radioactive substance, heat, wrecked or discarded equipment, rock, sand, cellar dirt, or industrial, recreational, municipal, agricultural, or other waste.
22. (22) Practicable--Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.
23. (23) Regional administrator--The administrator of the United States Environmental Agency, Region VI.
24. (24) Water dependent activity--An activity which is proposed for or adjacent to an aquatic site that requires access, proximity to, or siting within an aquatic site to fulfill its basic purpose.
25. (25) Water quality limited segment--Any segment where it is known that water quality does not meet applicable water quality standards, and/or is not expected to meet applicable water quality standards, even after the application of the technology-based effluent limitations required by the Federal Clean Water Act, §301(b) and §306.
26. (26) Water Quality Standards--Texas Surface Water Quality Standards, Chapter 307 of this title (relating to Texas Surface Water Quality Standards).

Source Note:The provision of this §279.3 adopted to be effective July 22, 1987, 12 TexReg 2187; amended to be effective July 13, 1995, 20 TexReg 4693.