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

1. (1) Advisory council--The Municipal Solid Waste Management and Resource Recovery Advisory Council.
2. (2) City--An incorporated city or town in the state.
3. (3) Closed municipal solid waste landfill unit--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 the area of land is not a land application unit, surface impoundment, injection well, or waste pile as those terms are defined by 40 Code of Federal Regulations §257.2.
4. (4) Council of governments--A regional planning commission created under Local Government Code, Chapter 391.
5. (5) Governing body--The city council, commissioners court, board of directors, trustees, or similar body charged by law with governing a public agency.
6. (6) Inactive facility--A facility that no longer receives solid waste.
7. (7) Planning fund--The municipal solid waste management planning fund created in the state treasury by the Comprehensive Municipal Solid Waste Management, Resource Recovery, and Conservation Act (Texas Health and Safety Code, Chapter 363).
8. (8) Planning period--The period of time that an adopted solid waste management plan is designed to remain effective.
9. (9) Planning region--A region of the state identified by the governor as an appropriate region for municipal solid waste planning.
10. (10) Private operator--A person, other than a government or governmental subdivision or agency, engaged in some aspect of operating a solid waste management system. The term includes any entity other than a government or governmental subdivision or agency, owned and operated by investment of private capital.
11. (11) Property--Land, structures, interests in land, air rights, water rights, and rights that accompany interests in land, structures, water rights, and air rights and includes easements, rights of way, uses, leases, incorporeal hereditaments, legal and equitable estates, interest, or rights such as terms for years and liens.
12. (12) Public agency--A city, county, district, or authority created and operating under the Texas Constitution, Article III, §52(b)(1) or (2), or Article XVI, §59, or a combination of two or more of these governmental entities acting under an interlocal agreement and having the authority under state laws to own and operate a solid waste management system.
13. (13) Regional or local solid waste management plan--A plan adopted by a council of governments or local government under authority of the Municipal Solid Waste Management, Resource Recovery, and Conservation Act (Texas Health and Safety Code, Chapter 363).
14. (14) Regional Solid Waste Grants Program--The program established to utilize funds dedicated under Texas Health and Safety Code, §361.014, for local and regional solid waste projects and to update and maintain regional solid waste management plans.
15. (15) Resolution--A resolution, order, ordinance, or other action of a governing body.

16. (16) Solid waste management--The systematic control of any or all of the following activities:

    1. (A) generation;
    2. (B) source separation;
    3. (C) collection;
    4. (D) handling;
    5. (E) storage;
    6. (F) transportation;
    7. (G) processing;
    8. (H) treatment;
    9. (I) resource recovery; or
    10. (J) disposal of solid waste.
17. (17) Solid waste management system--Any plant, composting process plant, incinerator, sanitary landfill, transfer station, or other works and equipment acquired, installed, or operated for the purpose of collecting, handling, storing, processing, recovering material or energy, or disposing of solid waste and includes sites for these works and equipment.

18. (18) Solid waste resource recovery system--Any real property, buildings, structures, plants, works, facilities, equipment, pipelines, machinery, vehicles, vessels, rolling stock, licenses, or franchises used or useful in connection with the processing of solid waste to extract, recover, reclaim, salvage, reduce, concentrate, or convert to energy or useful matter or resources, whatever their form, including electricity, steam, or other forms of energy, and fertilizer, glass, or other forms of material and resources, from such solid waste, and includes any real property, buildings, structures, plants, works, facilities, pipelines, machinery, vehicles, vessels, rolling stock, licenses, or franchises used or useful in:

    1. (A) the transportation, receipt, storage, transfer, and handling of solid waste;
    2. (B) the preparation, separation, or processing of solid waste for reuse;
    3. (C) the handling and transportation of recovered matter, resources, or energy; and
    4. (D) the handling, transportation, and disposal of any nonrecoverable solid waste residue.

Source Note:The provisions of this §330.633 adopted to be effective March 27, 2006, 31 TexReg 2502.