The definitions contained in Texas Water Code, §26.001 apply to this chapter. The following words and terms, when used in this chapter, have the following meanings.
  (1) Affected person--A person who has a personal justiciable interest related to a legal right, duty, privilege, power, or economic interest affected by the application. An interest common to members of the general public does not qualify as a personal justiciable interest. The determination of whether a person is affected shall be governed by §55.203 of this title (relating to Determination of Affected Person).
  (2) Application--A formal written request for commission action relative to a permit, together with all materials and documents submitted to complete the application.
  (3) Commission--The Texas Commission on Environmental Quality.
  (4) Facility--Includes all contiguous land and fixtures, structures, or appurtenances used for the collection, transportation, and treatment of marine seawater and the storage, transportation, and discharge of treated marine seawater and wastewater from a marine seawater desalination project. A facility may consist of several storage, processing, treatment, or disposal units.
  (5) Marine seawater--Water that is derived from the Gulf of Mexico.
  (6) Marine seawater desalination project--An operation that desalinates marine seawater. Marine seawater desalination project does not include other businesses, entities, or operations that do not desalinate marine seawater regardless of whether or not they are associated with the desalination operation by ownership, location, business structure, or business dependencies.
  (7) Near-shore discharges--The discharge of wastewater from a marine seawater desalination project into the Gulf of Mexico where the point of discharge is located less than three miles seaward from any point located on the coast of Texas. The three-mile boundary shall be determined based on the Texas General Land Office map for the Dispersant Use Pre-Approval Zone or based on a site-specific determination made by the executive director.
  (8) Off-shore discharges--The discharge of wastewater from a marine seawater desalination project into the Gulf of Mexico where the point of discharge is located three or more miles seaward from any point located on the coast of Texas. The three-mile boundary shall be determined based on the Texas General Land Office map for the Dispersant Use Pre-Approval Zone or based on a site-specific determination made by the executive director.
  (9) Operator--The person responsible for the overall operation of a facility.
  (10) Outfall--The point or location where treated marine seawater or wastewater is discharged from a marine seawater desalination project into or adjacent to water in the state.
  (11) Owner--The person who owns a facility or part of a facility.
  (12) Permit--A written document issued by the commission which, by its conditions, may authorize the permittee to construct, install, modify, or operate, in accordance with stated limitations, a specified facility for treated marine seawater and reject water discharges.
  (13) Site--The land or water area where any marine seawater desalination project is physically located or conducted, including adjacent land or water used in connection with the marine seawater desalination project.
  (14) Treated marine seawater--Marine seawater that has been treated to reduce salinity so as to meet standards that are at least as stringent as the water quality standards adopted by the commission applicable to the receiving stream or impoundment. More stringent treatment may be required if the commission determines it is necessary to protect water quality. Treated marine seawater is not a pollutant discharge.

Source Note: The provisions of this §318.2 adopted to be effective December 8, 2016, 41 TexReg 9571