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workers at a site to carry out activities required by the <br />SWP3 or comply with other permit conditions). <br />(2) Secondary Operator - The person or entity, often the property <br />owner, whose operational control is limited to: <br />a. The employment of other operators, such as a general <br />contractor, to perform or supervise construction activities; <br />or <br />b. The ability to approve or disapprove changes to <br />construction plans and specifications, but who does not <br />have day -to -day on -site operational control over <br />construction activities at the site. <br />Secondary operators must either prepare their own SWP3 or <br />participate in a shared SWP3 that covers the areas of the <br />construction site where they have control over the plans and <br />specifications. If there is not a primary operator at the construction <br />site, then the secondary operator is defined as the primary operator <br />and must comply with the requirements for primary operators. <br />Person - Any individual, association, organization partnership, firm <br />corporation, or other entity recognized by law and acting as either the owner or as <br />the owner's agent. <br />Pollutant - In accordance with the Texas Water Code §26.001(13) a <br />pollutant includes the following: spoil solid waste incinerator residue <br />sewage garbage sewage sludge filter backwash munitions chemical wastes <br />biological materials, radioactive materials, heat, wrecked or discarded equipment <br />rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged <br />into any surface water in the state. The term "pollutant" does not include tail water <br />or runoff water from irrigation or rainwater runoff from cultivated or uncultivated <br />rangeland, pastureland, and farmland. For the purpose of this Division, the term <br />"pollutant" also includes sediment. <br />Premises - Any building lot, parcel of land, or portion of land whether <br />improved or unimproved including adjacent sidewalks and parking strips. <br />ualified Personnel - Any person with credible certification or training or <br />skills, such as Certified Erosion, Sedimentation and Storm Water Inspector <br />(CESSWI) or Certified Inspector of Sediment and Erosion Control (CISEC or <br />equal certification program or as approved by the MS4 operator, that <br />demonstrates proficiency in evaluating interpreting and implementing Best <br />Management Practices and elements of a Storm Water Pollution Prevention Plan <br />SWPPP . <br />