§ 29-2. Definitions

Commission means the Texas Natural Resources Conservation Commission.

Discharge or spill means an act or omission by which hazardous substances in harmful quantities are spilled, leaked, pumped, poured, emitted, entered, or dumped onto or into waters in this state or by which those substances are deposited where, unless controlled or removed, they may drain, seep, run, or otherwise enter water in this state. The term "discharge" or "spill" under this chapter shall not include any discharge to which chapter C, D, E, F, or G, Chapter 40, Natural Resources Code, applies or any discharge which is authorized by a permit issued pursuant to federal law or any other law of this state or, with the exception of spills in coastal waters, regulated by the Railroad Commission of Texas.

Harmful quantity means that quantity of hazardous substance the discharge or spill of which is determined to be harmful to the environment or public health or welfare or may reasonably be anticipated to present an imminent and substantial danger to the public health or welfare by the administrator of the environmental protection agency pursuant to federal law and by the executive director.

Hazardous substance means any substance designated as such by the administrator of the Environmental Protection Agency pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. Sec. 9601 et seq.), regulated pursuant to Section 311 of the Federal Clean Water Act (33 U.S.C. Sec. 1321 et seq.), or designated by the commission.

Person means a railroad company or railroad entity; a railroad manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor.

Railroad company means any individual, person, partnership, association, corporation, trustee, receiver or other person that lays out, constructs, maintains or operates any railroad or operates any trains, engines or cars on a line of railway in the city.

Railroad freight car means a car designed to carry freight, or railroad personnel, by rail and includes a:

(1)

Box car;

(2)

Refrigerator car;

(3)

Ventilator car;

(4)

Stock car;

(5)

Gondola car;

(6)

Hopper car;

(7)

Flat car;

(8)

Special car;

(9)

Caboose car;

(10)

Tank car; and

(11)

Yard car.

Railroad intersection or crossing means each railroad crossing which intersects with a public street in the city.

Switch train means any train engaged solely in moving freight or passenger cars within the city from one railroad yard to another railroad yard, or in transferring railroad cars to and from the various switch tracks or spur tracks within the city. A switch train is distinguished from a through passenger or freight train operating intrastate, interstate, or international into and through the city.

(Ord. No. 01-33, § 2, 10-23-2001)