Tex. Water Code Section 26.001
Definitions


As used in this chapter:

(1)

“Board” means the Texas Water Development Board.

(2)

“Commission” means the Texas Natural Resource Conservation Commission.

(3)

“Executive administrator” means the executive administrator of the Texas Water Development Board.

(4)

“Executive director” means the executive director of the Texas Natural Resource Conservation Commission.

(5)

“Water” or “water in the state” means groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, wetlands, marshes, inlets, canals, the Gulf of Mexico, inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or nonnavigable, and including the beds and banks of all watercourses and bodies of surface water, that are wholly or partially inside or bordering the state or inside the jurisdiction of the state.

(6)

“Waste” means sewage, industrial waste, municipal waste, recreational waste, agricultural waste, or other waste, as defined in this section.

(7)

“Sewage” means waterborne human waste and waste from domestic activities, such as washing, bathing, and food preparation.

(8)

“Municipal waste” means waterborne liquid, gaseous, or solid substances that result from any discharge from a publicly owned sewer system, treatment facility, or disposal system.

(9)

“Recreational waste” means waterborne liquid, gaseous, or solid substances that emanate from any public or private park, beach, or recreational area.

(10)

“Agricultural waste” means waterborne liquid, gaseous, or solid substances that arise from the agricultural industry and agricultural activities, including without limitation agricultural animal feeding pens and lots, structures for housing and feeding agricultural animals, and processing facilities for agricultural products. The term:

(A)

includes:
(i)
tail water or runoff water from irrigation associated with an animal feeding operation or concentrated animal feeding operation that is located in a major sole source impairment zone, as defined by Section 26.502 (Applicability); or
(ii)
rainwater runoff from the confinement area of an animal feeding operation or concentrated animal feeding operation that is located in a major sole source impairment zone, as defined by Section 26.502 (Applicability); and

(B)

does not include tail water or runoff water from irrigation or rainwater runoff from other cultivated or uncultivated range land, pasture land, and farmland or rainwater runoff from an area of land located in a major sole source impairment zone, as defined by Section 26.502 (Applicability), that is not owned or controlled by an operator of an animal feeding operation or concentrated animal feeding operation on which agricultural waste is applied.

(11)

“Industrial waste” means waterborne liquid, gaseous, or solid substances that result from any process of industry, manufacturing, trade, or business.

(12)

“Other waste” means garbage, refuse, decayed wood, sawdust, shavings, bark, sand, lime, cinders, ashes, offal, oil, tar, dyestuffs, acids, chemicals, salt water, or any other substance, other than sewage, industrial waste, municipal waste, recreational waste, or agricultural waste.

(13)

“Pollutant” means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, filter backwash, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into any water in the state. The term:

(A)

includes:
(i)
tail water or runoff water from irrigation associated with an animal feeding operation or concentrated animal feeding operation that is located in a major sole source impairment zone as defined by Section 26.502 (Applicability); or
(ii)
rainwater runoff from the confinement area of an animal feeding operation or concentrated animal feeding operation that is located in a major sole source impairment zone, as defined by Section 26.502 (Applicability); and

(B)

does not include tail water or runoff water from irrigation or rainwater runoff from other cultivated or uncultivated rangeland, pastureland, and farmland or rainwater runoff from an area of land located in a major sole source impairment zone, as defined by Section 26.502 (Applicability), that is not owned or controlled by an operator of an animal feeding operation or concentrated animal feeding operation on which agricultural waste is applied.

(14)

“Pollution” means the alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property or to public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.

(15)

“Sewer system” means pipelines, conduits, storm sewers, canals, pumping stations, force mains, and all other constructions, devices, and appurtenant appliances used to transport waste.

(16)

“Treatment facility” means any plant, disposal field, lagoon, incinerator, area devoted to sanitary landfills, or other facility installed for the purpose of treating, neutralizing, or stabilizing waste.

(17)

“Disposal system” means any system for disposing of waste, including sewer systems and treatment facilities.

(18)

“Local government” means an incorporated city, a county, a river authority, or a water district or authority acting under Article III, Section 52, or Article XVI, Section 59 of the Texas Constitution.

(19)

“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.

(20)

“To discharge” includes to deposit, conduct, drain, emit, throw, run, allow to seep, or otherwise release or dispose of, or to allow, permit, or suffer any of these acts or omissions.

(21)

“Point source” means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants or wastes are or may be discharged into or adjacent to any water in the state.

(22)

“Identified state supplement to an NPDES permit” means any part of a permit on which the commission has entered a written designation to indicate that the commission has adopted that part solely in order to carry out the commission’s duties under state statutes and not in pursuance of administration undertaken to carry out a permit program under approval by the Administrator of the United States Environmental Protection Agency.

(23)

“NPDES” means the National Pollutant Discharge Elimination System under which the Administrator of the United States Environmental Protection Agency can delegate permitting authority to the State of Texas in accordance with Section 402(b) of the Federal Water Pollution Control Act.

(24)

“Treatment works” means any devices and systems used in the storage, treatment, recycling, and reclamation of waste to implement this chapter or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including:

(A)

intercepting sewers, outfall sewers, pumping, power, and other equipment and their appurtenances;

(B)

extensions, improvements, remodeling, additions, and alterations of the items in Paragraph (A) of this subdivision;

(C)

elements essential to provide a reliable recycled supply such as standby treatment units and clear-well facilities;

(D)

any works, including sites and acquisition of the land that will be a part of or used in connection with the treatment process or is used for ultimate disposal of residues resulting from such treatment;

(E)

any plant, disposal field, lagoon, canal, incinerator, area devoted to sanitary landfills, or other facilities installed for the purpose of treating, neutralizing, or stabilizing waste; and

(F)

facilities to provide for the collection, control, and disposal of waste heat.

(25)

“Person” means an individual, association, partnership, corporation, municipality, state or federal agency, or an agent or employee thereof.

(26)

“Affected county” is a county to which Subchapter B (Definitions), Chapter 232 (County Regulation of Subdivisions), Local Government Code, applies.
Amended by Acts 1977, 65th Leg., p. 1640, ch. 644, Sec. 1. Renumbered from Sec. 21.003 and amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 985, ch. 367, Sec. 43, eff. June 10, 1981; Acts 1985, 69th Leg., ch. 795, Sec. 1.064, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 977, Sec. 19, eff. June 19, 1987; Acts 1989, 71st Leg., ch. 642, Sec. 1, eff. Aug. 28, 1989; Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.068, eff. Aug. 12, 1991; Acts 1995, 74th Leg., ch. 979, Sec. 24, eff. June 16, 1995; Acts 1999, 76th Leg., ch. 404, Sec. 43, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 965, Sec. 12.01, eff. Sept. 1, 2001.

Source: Section 26.001 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/WA/htm/WA.­26.­htm#26.­001 (accessed Mar. 23, 2024).

26.001
Definitions
26.002
Ownership of Underground Water
26.003
Policy of This Subchapter
26.011
In General
26.012
State Water Quality Plan
26.013
Research, Investigations
26.014
Power to Enter Property
26.015
Power to Examine Records
26.017
Cooperation
26.018
Contracts, Instruments
26.019
Orders
26.020
Hearing Powers
26.021
Delegation of Hearing Powers
26.022
Notice of Hearings
26.023
Water Quality Standards
26.024
Hearings on Standards
26.025
Hearings on Standards
26.026
Standards to Be Published
26.027
Commission May Issue Permits
26.028
Action on Application
26.029
Conditions of Permit
26.030
Permit
26.033
Rating of Waste Disposal Systems
26.034
Approval of Disposal System Plans
26.035
Federal Grants
26.036
Water Quality Management Plans
26.037
Approval of Plans
26.038
Fiscal Control on Water Quality Management Planning
26.039
Accidental Discharges and Spills
26.040
General Permits
26.041
Health Hazards
26.042
Monitoring and Reporting
26.043
The State of Texas Water Pollution Control Compact
26.044
Disposal of Boat Sewage
26.045
Pump-out Facilities for Boat Sewage
26.046
Hearings on Protection of Edwards Aquifer from Pollution
26.047
Permit Conditions and Pretreatment Standards Concerning Publicly Owned Treatment Works
26.048
Prohibition of Discharge to a Playa from a Concentrated Animal Feeding Operation
26.049
Sanitary Sewer Overflows
26.050
Digital Copies of Boundary Lines
26.052
Limited Liability for Aquatic Herbicide Application
26.053
Don’t Mess with Texas Water Program
26.081
Regional or Area-wide Systems
26.082
Hearing to Define Area of Regional or Area-wide Systems
26.083
Hearing to Designate Systems to Serve the Area Defined
26.084
Actions Available to Commission After Designations of Systems
26.085
Inclusion at a Later Time
26.086
Rates for Services by Designated Systems
26.087
Election for Approval of Regional or Area-wide System or Systems
26.121
Unauthorized Discharges Prohibited
26.127
Commission as Principal Authority
26.128
Groundwater Quality
26.129
Duty of Parks and Wildlife Department
26.130
Duty of Department of Health
26.131
Duties of Railroad Commission
26.132
Evaporation Pits Requirements
26.0135
Watershed Monitoring and Assessment of Water Quality
26.135
Effect on Other Laws
26.0136
Water Quality Management
26.137
Comment Period for Edwards Aquifer Protection Plans
26.0151
Public Information
26.171
Inspection of Public Water
26.172
Recommendations to Commission
26.173
Power to Enter Property
26.175
Cooperative Agreements
26.176
Disposal System Rules
26.177
Water Pollution Control Duties of Cities
26.178
Financial Assistance Dependent on Water Quality Programs
26.179
Designation of Water Quality Protection Zones in Certain Areas
26.180
Nonpoint Source Water Pollution Control Programs of Certain Municipalities
26.0191
Temporary or Emergency Order Relating to Discharge of Waste or Pollutants
26.215
Peace Officers
26.261
Short Title
26.262
Policy and Construction
26.263
Definitions
26.264
Administrative Provisions
26.265
Texas Spill Response Account
26.266
Removal of Spill or Discharge
26.267
Exemptions
26.0271
Permits Authorizing Reuse Water System Contributions and Discharges
26.0272
Permits Authorizing Discharges from Certain Seawater Desalination Facilities
26.0281
Consideration of Compliance History
26.0282
Consideration of Need and Regional Treatment Options
26.0283
Denial of Application for Permit
26.0286
Procedures Applicable to Permits for Certain Concentrated Animal Feeding Operations
26.0291
Water Quality Fee
26.0292
Fees Charged to Aquaculture Facilities
26.0301
Wastewater Operations Company Registration and Operator Licensing
26.301
Definitions
26.302
Regulation of Poultry Facilities
26.303
Handling and Disposal of Poultry Carcasses
26.304
Records of Sale, Purchase, Transfer, or Application of Poultry Litter
26.305
Inspection of Records
26.0311
Standards for Control of Graywater
26.341
Purpose
26.342
Definitions
26.343
Regulated Substances
26.344
Exemptions
26.0345
Discharge from Aquaculture Facilities
26.345
Administrative Provisions
26.346
Registration Requirements
26.347
Tank Standards
26.348
Leak Detection and Record Maintenance
26.349
Reporting of Releases and Corrective Action
26.350
Tank Closure Requirements
26.351
Corrective Action
26.352
Financial Responsibility
26.354
Emergency Orders
26.355
Recovery of Costs
26.356
Inspections, Monitoring, and Testing
26.357
Standards and Rules
26.358
Collection, Use, and Disposition of Storage Tank Fees and Other Revenues
26.359
Local Regulation or Ordinance
26.360
Privatization of Program
26.361
Expiration of Reimbursement Program
26.362
Suit to Test Validity of Closure Letter
26.363
Reliance on Closure Letter
26.364
Registration of Persons Who Contract to Perform Corrective Action
26.365
Registration of Geoscientists Who Contract to Perform Corrective Action
26.366
Licensure of Persons Who Supervise Corrective Actions
26.367
Licensure of Geoscientists Who Supervise Corrective Actions
26.401
Legislative Findings
26.402
Definition
26.403
Creation and Membership of Texas Groundwater Protection Committee
26.404
Administration
26.405
Powers and Duties of Committee
26.0405
General Permits for Certain Sewage Treatment and Disposal Systems
26.406
Groundwater Contamination Information and Reports
26.407
Protection and Enhancement Plans
26.408
Notice of Groundwater Contamination
26.451
Definitions
26.452
Underground Storage Tank Contractor
26.456
Underground Storage Tank On-site Supervisor Licensing
26.0461
Fees for Edwards Aquifer Plans
26.0481
Disposal of Dairy Waste in Retention Facility
26.0491
Model Standards to Prevent Discharge of Untreated Wastewater from Sanitary Sewers
26.501
Definitions
26.502
Applicability
26.503
Regulation of Certain Concentrated Animal Feeding Operation Wastes
26.504
Waste Application Field Soil Sampling and Testing
26.551
Definitions
26.552
Applicability
26.553
Regulation of Quarries Within Water Quality Protection Area
26.554
Financial Responsibility for Discharges of Certain Wastes Within Water Quality Protection Area
26.555
Inspections of and Sampling of Water in Pilot Program Areas
26.556
Unauthorized Discharges of Certain Wastes Within Water Quality Protection Area
26.557
Emergency Orders
26.558
Recovery of Costs for Unauthorized Discharges Within Water Quality Protection Area
26.559
Reclamation and Restoration Fund Account
26.560
Cooperation with Other State Agencies
26.562
Expiration
26.1211
Pretreatment Effluent Standards
26.1311
Duty of State Soil and Water Conservation Board
26.2171
Venue
26.02715
Disposal of Reclaimed Wastewater to Wastewater Collection System
26.3441
Aboveground Storage Tanks
26.3442
Performance Standards for Safety at Storage Vessels
26.3443
Certain Commission Exemptions and Rules
26.3444
Certification Fee
26.3465
Failure or Refusal to Provide Proof of Registration or Certification of Compliance
26.3467
Duty to Ensure Certification of Tank Before Delivery
26.3475
Release Detection Requirements
26.3476
Secondary Containment Required for Tanks Located over Certain Aquifers
26.3511
Corrective Action by the Commission
26.3512
Owner or Operator Responsibility
26.3513
Liability and Costs: Multiple Owners and Operators
26.3514
Limits on Liability of Lender
26.3515
Limits on Liability of Corporate Fiduciary
26.3516
Limits on Liability of Taxing Unit
26.3571
Eligible Owner or Operator
26.3572
Groundwater Protection Cleanup Program
26.3573
Petroleum Storage Tank Remediation Account
26.3574
Fee on Delivery of Certain Petroleum Products
26.35731
Consideration and Processing of Applications for Reimbursement
26.35735
Claims Audit

Accessed:
Mar. 23, 2024

§ 26.001’s source at texas​.gov