Texas Register, Volume 8, Number 14, Pages 615-686, February 25, 1983 Page: 632
615-686 p. ; 28 cm.View a full description of this periodical.
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of Health, Public Health Region 3, 2300 East Yandell,
El Paso; Wednesday, March 16, 1983, 10 a m , coun-
ci1 chambers, city hall, 101 West Abram, Arlington;
and Friday, March 18, 1983, 10 a m , auditorium,
Texas Department of Health. 1100 West 49th Street,
Austin.
Copies of the proposed rules are available for review
at the following TDH regional offices Written com
ments submitted at these locations will be transmitted
to the department's central office in Austin Canyon
300 Victory Drive, contact Oran Buckner, Old Health
Center Building, (806) 655 151 Lubbock 470966th
Street, contact Linda Wyatt, (806) 797 4331 El
Paso-2300 East Yandell, contact Tom Grmshaw,
(915) 533-4972 Abilene 301 Oak Street, contact
Stanley Thompson, old courthouse, 2nd floor, (915)
673-5231
Arlington 701 Directors Drive, contact Don Thur
man, (817) 778 6744 Temple 2408 South 37th
Street, contact Charles Wentworth, 1817) 778-
6744. Tyler 1517 West Front Street, contact W
T. Ballard, Cotton Belt Office, 1214) 595 3585
Harlingen 500 South Rangerville Road, contact Hec
tor Herrera, (512) 423 0130 Uvalde Garner Field
Road, contact Bob Barrick, Old Memorial Hospital
Building, (512) 278 7173 Rosenberg 1110 Avenue
G, contact- Mark Lowry, (713) 342 8685
Subchapter A. General Information
25 TAC 325.1-325 7
The amendments ate proposed under the Solid Waste
Disposal Act, Texas Civil Statutes, Article 4477 7,
14(c), which provides the Texas Department of Health
with the authority to adopt and promulgate rules con
sistent with the general intent and purposes of the Act
and to establish minimum standards of operation for
all aspects of the management and control of solid
waste under its jurisdiction.
325.1. Basts for Regulator.y Controls T he regula-
tions promulgated in this chapter cover all aspects of solid
waste management under the authority of the Texas De-
partment of Health and are based primarily on the stated
purpose of the Sohld Waste Disposal Act, fexas Civil Stat-
utes, Article 4477-7, as amended [by the 66th Legislature),
hereafter referred to as the Solid Waste Disposal Act.
325.2. Authority for Regulations. The Solid Waste
Disposal Act designated the Texas Department of Health
as the solid waste agency with respect to the collection,
handling, storage, processing, and disposal of municipal
solid waste. Texas Civil Statutes, Article 4414a, as amend-
ed by the 65th Legislature, created the Texas Department
of Health consisting of the Texas Board of Health, the
commissioner of health, and an administrative staff.
These regulations are responsive to the following state
and federal statutes and regulations pertaining to public
health and solid waste management:
(1) (No change.)
(2) The Solid Waste Disposal Act, Texas Civil
Statutes, Article 4477-7 (as amended by the 67th 166th)
Legislature). The provisions of this statute which haveparticular significance relating to solid waste management
include:
(A)-(( ) (No change )
(3) (No change I
(4) The l.itter Abatement Act, Texas ('sill
Statutes, A\tile 4477-9a (dumping sold waste on prop-
ert or inrto waters, penaltI I he pro isio ns of this statute
which ha e partlu lai signri I ai e relat ng to solid arste
management are contained in 2.01 (surmmnir /ed in the
title of the A trj
((5) lcsas ( iI Sratures, krtIlCe 674 -2, Dump-
ing Refuse Near Hii h ls l he pi s iopilln , o 1111 dlattCle
which have parilu:ar siniIL aLnce relating to solid waste
nlanagemen .C cnltaiCned iiI 2( 1-(( ), alld (1) ( Unlaw-
ful Acts) I
(5)1(6)J tl e n dlllllllsldti t 'lroLeJures andll
Texas Register Au I exs ( dll 'statutes, Arlnele 6252-13a,
(as amended b\ rthe 67th 166thl I legislature) hlie prol-
sions of this siatulte Ihi hi hlc parlluldar signlidllance
relating to procedures perCalnine to idlld \%,r'ie marinage-
mnient are ,suririiri/cd iii ~l
(6)1(7) Pubh; I a\+ 94 8X(1.) I he Resource ( otn-
sersation arid Rtocerl\ At of 197(6. 42 United Slales
Code 6901 e seq., Publihc I aw 94-5 0.
( ) I hIe ResouI c ( nsel at lln ,nrid Recows et
ALc (R( R A) csta,liishes 0i - requneirent to regulate the
treatment (proiessitg), storage, ti ,ansprrtaton, and
disposal ot halardotis waste I lie R( RA requires that the
LI S -nitron mental P'rotection \r1cn ti PA) identity \
and list hazardous w astes, establish stanlidards alpplable
to generators, ir ansporte s,, anid i n ers i n peratots of
ticaltremlll , sioage,. or ldiposal Iacllllies, and establish
guidelines to assist states in 1IIe dil\ elopililleit of state
hazardous w.st. piogirams he c pt rt les that an\
state mai seek to ,administer anlld ctlfrc or, hazardous
wa ste piograr' u rider federal faith r i nation Ili autho-
r/ed slate mald tcars out Its haiardous wstaste program
in lieu of the federal program and issue and clottcc per-
mits for the storage, treatmiernt, ,or disposal of ha/ald-
ous waste. I he departrncr t has interim (applied Iorj
authorli/aion to regulate hazardous waste that comes
under its jurisdiction I he department's requirements lfor
managing lof) hazardous waste are contained in
325.271-325.350 1325.365) of this title (relating to
Hazardous Waste Management) I hese are applicable to
generators and transporters of municipal hazardous waste
and to owners or operators of municipal solid waste treat-
ment, storage, or disposal facilities 1 he - PA is expected
to periodically publish additional facility standards and
listings of hazardous waste. When this occurs, the depart-
ment will res ise its requirements accordingly
(B) The RCRA also requires that the EPA
publish regulations containing criteria for determining the
classification of disposal taciltles as sanitary landfills or
as open dumps. The RCRA further requires that each
state shall prohibit the establishment of open dumps.
These (department) regulations are response to the
RCRA and Ithe) criteria contained in 40 Code of Federal
Regulations Part 257, as published in the September 13,
1979, issue of the Federal Register.
325.3. Applicability. The provisions of these regula-
tions apply to any individual, corporation, organization,
government or governmental subdivision or agency, busi-8 TexReg 632 February 25, 1983
Texas
Register
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Texas. Secretary of State. Texas Register, Volume 8, Number 14, Pages 615-686, February 25, 1983, periodical, February 25, 1983; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth244588/m1/18/: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.