§ 91.51. Definitions.

Unless specifically defined in the Texas Clean Air Act (TCAA) or in the rules of the Texas Natural Resource Conservation Commission, the terms used by the Commission have the meanings commonly ascribed to them in the field of air pollution control. In addition to the terms, which are defined by the TCAA, the following terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

Extinguished. The absence of any visible flames, glowing coals, or smoke.

Garbage. Animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods and shall include all putrescent wastes, including vegetables, animal and poultry offal, and carcasses of small animals and dead fowls, and shall include all such substances from all public and private establishments and from all residences.

Junk. Includes junk automobiles, used automobile tires and damaged or used household furnishings.

Land clearing operation. The uprooting, cutting, or clearing of vegetation in connection with conversion for the construction of buildings, rights-of-way, residential, commercial, or industrial development, or the clearing of vegetation to enhance property value, access or production. It does not include the maintenance burning of on-site property wastes such as fallen limbs, branches, or leaves, or other wastes from routine property clean-up activities, nor does it include burning following clearing for ecological restoration.

Nuisance. Any act, thing, occupation, condition or use of property which is of such a nature and continues for such length of time as to substantially annoy or endanger the comfort, health, repose, or safety of the public.

Practical alternative. An economically, technologically, ecologically and logistically viable option.

Prescribed burn. The controlled application of fire to naturally-occurring vegetative fuels under specified environmental conditions and confined to a predetermined area, following appropriate planning and precautionary measures.

Residential area. Includes two or more occupied dwellings or buildings located within 100 feet of each other.

Rubbish. Solid wastes from residences and dwellings, commercial establishments and institutions and shall include discarded clothing, tin cans, bottles, papers, cardboard boxes, tree trunks, tree limbs, grass and weed cuttings.

Rubble. Includes debris resulting from construction, reconstruction or repair of buildings and includes all waste building materials.

Structure containing sensitive receptor. A man-made structure utilized for human residence or business, the containment of livestock, or the housing of sensitive live vegetation. The term "man-made structure" does not include such things as range fences, roads, bridges, or facilities used solely for the storage of hay or other livestock feeds. The term "sensitive live vegetation" is defined as vegetation which has potential to be damaged by smoke and heat.

Sunrise/sunset. Official sunrise/sunset as set forth in the United States Naval Observatory tables available from National Weather Service Offices.

Traffic hazard. Any act, thing, condition or use of property that unlawfully and substantially interferes with, obstructs or tends to obstruct, or renders dangerous for passage of any street, alley, highway, roadway, or other public way.

Wild land. Uncultivated land other than fallow, land minimally influenced by human activity, and land maintained for bio-diversity, wildlife forage production, protective plant cover or wildlife habitat.

(Ord. 00-766, passed 3-20-00)