Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,877
7533-7814 p. ; 28 cm.View a full description of this periodical.
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{{1} the most current quarter financial state-
ment prepared according to generally ,accepted accounting principles;]
iift) for applicants for which audited financial state-
ments have not been prepared the previous two or more years, the fol-
lowing copies of tax returns and financial statements:
{f/ epies of tax returns for the previous two
years each certified by original signature of an authorized signatory
as being a "true and correct copy of the return filed with the Internal
financial statements for the previous two
years; and
fl addition an audited finanial statement
for the most recent fiscal year;]
[fivt for publicly tr aded empanies; copies of Secu-
rities and Exchange Commission Form 44K- for the previous two years
and the most current Form ~ 4-
[(v) for privately-held companies; write disc -
sure of the information that would normally be found in Securities and
-Exhange Commission Form 14- including but not limited to the
followingft
{(j descriptions of the business and its opera-
S identification of any affiated relation-
[(II) credit agreements and terms;]
any ant-
(f contingent liabilities; and
f(V snyign a nt .anin olinsp4
v> for applications enmpassing facility expan-
sion apacityexpansion; ornewconstruction estimates ofeapitalcosts
for expansion and/or construction;
[(vi0 if an applicant cannot or chooses not to
demonstrate sufficient financial resources through submittal of the
financial documentation specified in lauses (4) - (v eof this subpara-
graph and who must or chooses to obtain additional financing through
a new ste c offering or new debt issuance for facility expansion ,ea-
pacity expansie or new constructi on and for safe operation proper
closure and adequate liability coverage, the following information
fl a financial plan sufficiently detailed to
clearly demonstrate that the applicant will be in a position to readily
secure finaning for construction operatic; and closure if the permit
is issued The submitted financial plan must be accompanied by
original letters of opinion from two financial experts, not otherwise
employed by the applicant who have the demonstrated ability to either
finance the facility or place the required financing The opinion letters
must certify that the financial plan is reasonable certify that financing
is obtainable within 480 days of final administrative and judicial
disposition of the permit applicato; and include the time schedule
otin. ge upon p t fiality for securing the financing. Onyo
the applicant is required if the letter renders a firm commitment to
provide all the necessary fnaneing and
1+I written detail of the annual operating costs
of the facility and a projected cash flow statement including the period
of construction and first two years of operation The cash flow state-meant must demonstrate the financial resources to meet operating cs
debt series and f ancia assurance for closure, post-closure care and
liability coverage requirements A listof the assumptions made to fore-
east cash flow shall also be provided-
(C) [{E)] If any of the information required to be dis-
closed under subparagraph (B) [(D)] of this paragraph would be con-
sidered confidential under applicable law, the information shall be pro-
tected accordingly. During hearings on contested applications, disclo-
sure of confidential information may be allowed only under an appro-
priate protective order.
(D) [(F)] An application for a modification or amend-
ment of a permit that includes a capacity expansion of an existing
hazardous waste management facility must also contain information
provided by a Texas licensed professional geoscientist or licensed pro-
fessional engineer delineating all faults within 3,000 feet of the facil-
ity, together with a demonstration, unless previously demonstrated to
the commission or the United States Environmental Protection Agency
[EPA], that:
(i) the fault has not experienced displacement
within Holocene time, or if faults have experienced displacement
within Holocene time, that no such faults pass within 200 feet of the
portion of the surface facility where treatment, storage, or disposal of
hazardous wastes will be conducted; and
(ii) the fault will not result in structural instability of
the surface facility or provide for groundwater movement to the extent
that there is endangerment to human health or the environment.
(E) [(G)] At any time after the effective date of the re-
quirements contained in Chapter 335, Subchapter F of this title (relating
to Permitting Standards for Owners and Operators of Hazardous Waste
Treatment, Storage, or Disposal Facilities), the executive director may
require the owner or operator of an existing hazardous waste manage-
ment facility to submit that portion of his application containing the
information specified in 40 CFR 270.14 - 270.27. Any owner or op-
erator shall be allowed a reasonable period of time from the date of the
request to submit the information. An application for a new hazardous
waste management facility must be submitted at least 180 days before
physical construction of the facility is expected to commence.
(5) An application for a new hazardous waste landfill
which is filed after January 1, 1986, must include an engineering report
which evaluates the benefits, if any, associated with the construction
of the landfill above existing grade at the proposed site, the costs
associated with the above-grade construction, and the potential ad-
verse effects, if any, which would be associated with the above-grade
construction.
(6) An application for a new hazardous waste landfill, land
treatment facility, or surface impoundment that is to be located in the
apparent recharge zone of a regional aquifer must include a hydroge-
ologic report prepared by a Texas licensed professional geoscientist
or licensed professional engineer documenting the potential effects, if
any, on the regional aquifer in the event of a release from the waste
containment system.
(7) Engineering plans and specifications submitted as part
of the permit application shall be prepared and sealed by a Texas li-
censed professional engineer who is currently registered as required
by the Texas Engineering Practice Act.
(8) After August 8, 1985, any Part B permit application
submitted by an owner or operator of a facility that stores, processes,
or disposes of hazardous waste in a surface impoundment or a land-
fill must be accompanied by information, reasonably ascertainable by
the owner or operator, on the potential for the public to be exposed toPROPOSED RULES October 5, 2012 37 TexReg 7877
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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/m1/63/: accessed July 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.