Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,938
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active portion of the pile during peak discharge from at least a 100-year
storm.
(h) The owner or operator must design, construct, operate, and
maintain a run-off management system to collect and control at least the
water volume from active portions resulting from a 24-hour, 100-year
storm.
(i) Collection and holding facilities (e.g., tanks or basins) as-
sociated with run-on and run-off control systems must be emptied or
otherwise managed expeditiously after storms to maintain design ca-
pacity of the system.
(j) If the pile contains any particulate matter which may be
subject to wind dispersal, the owner or operator must cover or other-
wise manage the pile to control wind dispersal.
(k) The commission will specify in the permit all design and
operating practices that are necessary to ensure that the requirements
of this section are satisfied.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on September 21,
2012.
TRD-201205015
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: November 4, 2012
For further information, please call: (512) 239-0779
SUBCHAPTER H. STANDARDS FOR THE
MANAGEMENT OF SPECIFIC WASTES AND
SPECIFIC TYPES OF FACILITIES
DIVISION 1. RECYCLABLE MATERIALS
USED IN A MANNER CONSTITUTING
DISPOSAL
30 TAC 335.213
Statutory Authority
The amendment is proposed under Texas Water Code (TWC),
5.103 (relating to Rules) and TWC, 5.105 (relating to General
Policy) which provide the commission with the authority to adopt
any rules necessary to carry out its powers and duties under
the provisions of the TWC or other laws of this state; and un-
der Texas Health and Safety Code (THSC), 361.017 (relating
to Commission's Jurisdiction: Industrial Solid Waste and Haz-
ardous Municipal Waste); THSC, 361.024 (relating to Rules
and Standards); and THSC, 361.036 (relating to Records and
Manifests Required: Class I Industrial Solid Waste or Hazardous
Waste) which authorize the commission to regulate industrial
solid waste and hazardous waste and to adopt rules consistent
with the general intent and purposes of the THSC.
The proposed amendment implements THSC, Chapter 361.
335.213. Standards Applicable to Storers of Materials That Are To
Be Used in a Manner That Constitutes Disposal Who Are Not the Ul-
timate Users.Owners or operators of facilities that store recyclable materials that are
to be used in a manner that constitutes disposal, but who are not the ul-
timate users of the materials, are regulated under all applicable provi-
sions of Subchapter A of this chapter (relating to Industrial Solid Waste
and Municipal Hazardous Waste [Management] in General), Subchap-
ter B of this chapter (relating to Hazardous Waste Management-Gen-
eral Provisions), Subchapter E of this chapter (relating to Interim Stan-
dards for Owners and Operators of Hazardous Waste Treatment, Stor-
age, [Processing,] or Disposal Facilities), Subchapter F of this chapter
(relating to Permitting Standards for Owners and Operators of Haz-
ardous Waste Treatment, Storage, [Processing,] or Disposal Facilities),
Subchapter U of this chapter (relating to Standards for Owners and
Operators of Hazardous Waste Facilities Operating under a Standard
Permit); Chapter 1 of this title (relating to Purpose of Rules, General
Provisions); Chapter 3 of this title (relating to Definitions); Chapter 10
of this title (relating to Commission Meetings); Chapter 20 of this title
(relating to Rulemaking); Chapter 37 of this title (relating to Financial
Assurance); Chapter 39 of this title (relating to Public Notice); Chapter
40 of this title (relating to Alternative Dispute Resolution Procedure);
Chapter 50 of this title (relating to Action [Actions] on Applications
and Other Authorizations); Chapter 55 of this title (relating to Requests
[Request] for Reconsideration and Contested Case Hearings; Public
Comment); Chapter 70 of this title (relating to Enforcement); Chapter
80 of this title (relating to Contested Case Hearings); Chapter 86 of
this title (relating to Special Provisions for Contested Case Hearings);
[Chapter 264- Jf this tite rlat to Introductory Provisions; Chap-
ter 277 eof this title (relating to Use Determinations for Tax xempion
for Pollution Control Propey);] Chapter 305 of this title (relating to
Consolidated Permits), and the notification requirement under 335.6
of this title (relating to Notification Requirements).
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on September 21,
2012.
TRD-201205016
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: November 4, 2012
For further information, please call: (512) 239-0779
DIVISION 2. HAZARDOUS WASTE BURNED
FOR ENERGY RECOVERY
30 TAC 335.222
Statutory Authority
The amendment is proposed under Texas Water Code (TWC),
5.103 (relating to Rules) and TWC, 5.105 (relating to General
Policy) which provide the commission with the authority to adopt
any rules necessary to carry out its powers and duties under
the provisions of the TWC or other laws of this state; and un-
der Texas Health and Safety Code (THSC), 361.017 (relating
to Commission's Jurisdiction: Industrial Solid Waste and Haz-
ardous Municipal Waste); THSC, 361.024 (relating to Rules
and Standards); and THSC, 361.036 (relating to Records and
Manifests Required: Class I Industrial Solid Waste or Hazardous
Waste) which authorize the commission to regulate industrial37 TexReg 7938 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/m1/124/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.