Unless otherwise noted, all terms contained in this section are defined by their plain meaning. This section contains definitions that are applicable only to this subchapter and which supersede definitions in §330.2 of this title (relating to Definitions) where those terms appear in this subchapter. As used in this subchapter, words in the singular include the plural and words in the plural include the singular. The following words and terms, when used in this subchapter, shall have the following meanings.

1. (1) Closed municipal solid waste landfill (CMSWLF) - A discrete area of land or an excavation that has received only municipal solid waste or municipal solid waste combined with other solid wastes, including but not limited to construction/demolition waste, commercial solid waste, nonhazardous sludge, conditionally exempt small-quantity generator hazardous waste, and industrial solid waste, and that is not a land application unit, surface impoundment, injection well, or waste pit as those terms are defined by 40 CFR §257.2.
2. (2) Landfill mining - The physical procedures associated with the excavation of buried municipal solid waste and processing of the material to recover material for beneficial use.
3. (3) Nuisance - Nuisances as set forth in the Texas Health and Safety Code, Chapter 341 and 382; the Texas Water Code, Chapter 26; and §101.4 of this title (relating to Nuisance), and any other applicable regulation or statute.
4. (4) Permitted landfill - Any type of municipal solid waste landfill that received a permit from the state of Texas to operate and has not completed post closure operations.
5. (5) Recyclable material - For purposes of this subchapter, a recyclable material is a material that has been recovered or diverted from the solid waste stream for purposes of reuse, recycling, or reclamation, or a substantial portion of which is consistently used in the manufacture of products which may otherwise be produced from raw or virgin materials. Recyclable material is not solid waste unless the material is deemed to be hazardous solid waste by the administrator of the United States Environmental Protection Agency, whereupon it shall be regulated accordingly unless it is otherwise exempted in whole or in part from regulation under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Protection Act. Recyclable material may become solid waste at such time, if any, as it is abandoned or disposed of rather than recycled, whereupon it will be solid waste with respect only to the party actually abandoning or disposing of the material.
6. (6) Recycling - A process by which materials that have served their intended use or are scrapped, discarded, used, surplus, or obsolete are collected, separated, or processed and returned to use in the form of raw materials in the production of new products. Recycling includes the composting process if the compost material is put to beneficial reuse as defined in §332.2 of this title (relating to Definitions) and as specified in §332.71 of this title (relating to Sampling and Analysis Requirements for Final Product).

Source Note:The provisions of this §330.401 adopted to be effective December 3, 1996, 21 TexReg 11287; amended to be effective September 5, 1999, 24 TexReg 6779.