Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,916
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out limitation, public notice and technical requirements. A request for
authorization for the disposal of nonhazardous industrial solid waste
under this subsection shall not be approved unless the executive direc-
tor determines that the subject facility is suitable for disposal of such
waste at the facility as requested. At a minimum, a determination of
suitability by the executive director must include approval by the ex-
ecutive director of construction of a hazardous waste landfill meeting
the design requirements of 40 CFR 265.301(a). In accordance with
335.6 of this title, such person shall not engage in the requested ac-
tivities if denied by the executive director or unless 90 days' notice has
been provided and the executive director approves the request except
where express executive director approval has been obtained prior to
the expiration of the 90 days. Authorization may not be obtained under
this subsection for:
(1) nonhazardous industrial solid waste, the storage, pro-
cessing, or disposal of which is expressly prohibited under an existing
permit or site development plan applicable to the facility or a portion
of the facility;
(2) polychlorinated biphenyl compounds wastes subject to
regulation by 40 CFR Part 761;
(3) explosives and shock-sensitive materials;
(4) pyrophorics;
(5) infectious materials;
(6) liquid organic peroxides;
(7) radioactive or nuclear waste materials, receipt of which
will require a license from the DSHS [TDtH] or the commission or any
other successor agency; and
(8) friable asbestos waste unless authorization is obtained
in compliance with the procedures established under 330.171(c)(3)(B)
- (E) of this title (relating to Disposal of Special Wastes). Authoriza-
tions obtained under this subsection shall be effective during the pen-
dency of the interim status and shall cease upon the termination of in-
terim status, final administrative disposition of the subject permit appli-
cation, failure of the facility to operate the facility in compliance with
the standards set forth in Subchapter E of this chapter, or as otherwise
provided by law.
(i) Owners or operators of hazardous waste management units
must have permits during the active life (including the closure period)
of the unit. Owners or operators of surface impoundments, landfills,
land treatment units, and waste pile units that received wastes after
July 26, 1982, or that certified closure (according to 40 CFR 265.115)
after January 26, 1983, must have post-closure permits, unless they
demonstrate closure by removal or decontamination as provided under
40 CFR 270.1(c)(5) and (6), or obtain an order in lieu of a post-closure
permit, as provided in subsection (m) of this section. If a post-closure
permit is required, the permit must address applicable provisions of 40
CFR Part 264, and Subchapter F of this chapter (relating to Permit-
ting Standards for Owners and Operators of Hazardous Waste Treat-
ment, Storage, or Disposal Facilities) provisions concerning ground-
water monitoring, unsaturated zone monitoring, corrective action, and
post-closure care requirements. The denial of a permit for the active
life of a hazardous waste management facility or unit does not affect
the requirement to obtain a post-closure permit under this section.
(j) Upon receipt of the federal Hazardous and Solid Waste
Act (HSWA) authorization for the commission's Hazardous Waste
Program, the commission shall be authorized to enforce the provisions
that the EPA imposed in hazardous waste permits that were issued
before the HSWA authorization was granted.(k) Any person who intends to conduct an activity under sub-
section (d) of this section shall comply with the notification require-
ments of 335.6 of this title.
(1) No permit shall be required for the management of univer-
sal wastes by universal waste handlers or universal waste transporters,
in accordance with the definitions and requirements of Subchapter H,
Division 5 of this chapter (relating to Universal Waste Rule).
(m) At the discretion of the commission, an owner or oper-
ator may obtain a post-closure order in lieu of a post-closure permit
for interim status units, a corrective action management unit unless au-
thorized by a permit, or alternative corrective action requirements for
contamination commingled from RCRA and solid waste management
units. The post-closure order must address the facility-wide correc-
tive action requirements of 335.167 of this title (relating to Corrective
Action for Solid Waste Management Units) and groundwater monitor-
ing requirements of 335.156 of this title (relating to Applicability of
Groundwater Monitoring and Response).
(n) Except as provided in subsection (d)(9) of this section,
owners or operators of commercial industrial solid waste facilities
that receive industrial solid waste for discharge to a publicly owned
treatment works are required to obtain a permit under this subchapter.
By June 1, 2006, owners or operators of existing commercial industrial
solid waste facilities that receive industrial solid waste for discharge
to a publicly owned treatment works must have a permit issued under
this subchapter or obtain a general permit issued under Chapter 205
of this title (relating to General Permits for Waste Discharges) to
continue operating. A general permit issued under Chapter 205 of
this title will authorize operations until a final decision is made on
the application for an individual permit or 15 months, whichever is
earlier. The general permit shall authorize operations for a maximum
period of 15 months except that authorization may be extended on
an individual basis in one-year increments at the discretion of the
executive director. Should an application for a general permit issued
under Chapter 205 of this title be submitted, the applicant shall also
submit to the commission, by June 1, 2006, the appropriate informa-
tion to demonstrate compliance with financial assurance requirements
for closure of industrial solid waste facilities in accordance with
Chapter 37, Subchapter P of this title (relating to Financial Assurance
for Hazardous and Nonhazardous Industrial Solid Waste Facilities).
Owners or operators of commercial industrial solid waste facilities
that receive industrial solid waste for discharge to a publicly owned
treatment works operating under a general permit issued under Chapter
205 of this title shall submit an application for a permit issued under
this subchapter prior to September 1, 2006.
(o) Treatment, storage, and disposal facilities that are other-
wise subject to permitting under RCRA and that meet the criteria in
paragraphs (1) or paragraph (2) of this subsection, may be eligible for
a standard permit under Subchapter U of this chapter (relating to Stan-
dards for Owners and Operators of Hazardous Waste Facilities Oper-
ating Under a Standard Permit) if they satisfy one of the two following
criteria:
(1) facility generates hazardous waste and then non-ther-
mally treats and/or stores hazardous waste on-site; or
(2) facility receives hazardous waste generated off-site by
a generator under the same ownership as the receiving facility.
335.10. Shipping and Reporting Procedures Applicable to Genera-
tors ofHazardous Waste or Class 1 Waste and Primary Exporters of
Hazardous Waste.
(a) Except as provided in paragraph (2) of this subsection
[(g) and (h) of this section], no person who generates, transports, pro-
cesses, stores, or disposes [generator] of hazardous [or Glass 4] waste37 TexReg 7916 October 5, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012, periodical, October 5, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth288982/m1/102/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.