Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,880
7533-7814 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
264.142(a)(1), (3), and (4), as well as 37.131, 37.141, 335.127, and
335.178 of this title.
(2) An application for a post-closure order shall also con-
tain financial information sufficient to demonstrate to the satisfaction
of the executive director that the applicant has sufficient financial re-
sources to operate the facility in a safe manner and in compliance with
the post-closure order and all applicable rules. Financial information
submitted to satisfy this paragraph shall meet the requirements of Chap-
ter 37, Subchapter P of this title.
(3) An application for a post-closure order or for a post-clo-
sure permit must also contain any other information as the executive
director may deem necessary to determine whether the facility and the
operation thereof will comply with the requirements of the TSWDA
and Chapter 335 of this title including, but not limited to, the informa-
tion set forth in TSWDA, 361.109.
(4) The executive director may require an applicant for a
post-closure order to submit information in order to establish condi-
tions under 305.127(4)(A) of this title.
(5) An application for a post-closure order or for a post-
closure permit shall also contain the information listed in 305.45(a)(1)
of this title (relating to Contents of Application for Permit).
(6) All engineering and geoscientific information submit-
ted to the agency shall be prepared by, or under the supervision of, a li-
censed professional engineer or licensed professional geoscientist, and
shall be signed, sealed, and dated by qualified professionals as required
by the Texas Engineering Practice Act and the Texas Geosciences Prac-
tice Act and the licensing and registration boards under these acts.
(7) One original and three copies of an application for a
post-closure permit or for a post-closure order shall be submitted on
forms provided by, or approved by, the executive director and shall be
accompanied by a like number of originals and copies of all required
exhibits.
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-201205006
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 D. AMENDMENTS,
RENEWALS, TRANSFERS, CORRECTIONS,
REVOCATION, AND SUSPENSION OF
PERMITS
30 TAC 305.64, 305.69
Statutory Authority
The amendments are proposed under Texas Water Code (TWC),
5.103 (relating to Rules) and TWC, 5.105 (relating to Gen-
eral Policy) which provide the commission with the authority to
adopt any rules necessary to carry out its powers and dutiesunder the provisions of the TWC or other laws of this state;
and under Texas Health and Safety Code (THSC), 361.017
(relating to Commission's Jurisdiction: Industrial Solid Waste
and Hazardous Municipal Waste), THSC, 361.085 (relating to
Financial Assurance and Disclosure by Permit Applicant), and
THSC, 361.024 (relating to Rules and Standards) which autho-
rize the commission to regulate industrial solid waste and haz-
ardous waste and to adopt rules consistent with the general in-
tent and purposes of the THSC.
The proposed amendments implement THSC, Chapter 361.
305.64. Transfer of Permits.
(a) A permit is issued in personam and may be transferred only
upon approval of the commission. No transfer is required for a corpo-
rate name change, as long as the secretary of state can verify that a
change in name alone has occurred. An attempted transfer is not effec-
tive for any purpose until actually approved by the commission.
(b) Except as provided otherwise in subsection (g) of this sec-
tion, either the transferee or the permittee shall submit to the executive
director an application for transfer at least 30 days before the proposed
transfer date. The application shall contain the following:
(1) the name and address of the transferee;
(2) date of proposed transfer;
(3) if the permit requires financial responsibility, the
method by which the proposed transferee intends to assume or provide
financial responsibility, including proof of such financial responsibility
to become effective when the transfer becomes effective;
(4) a fee of $100 to be applied toward the processing of the
application, as provided in 305.53(a) of this title (relating to Applica-
tion Fee);
(5) a sworn statement that the application is made with the
full knowledge and consent of the permittee if the transferee is filing
the application; and
(6) any other information the executive director may rea-
sonably require.
(c) If no agreement regarding transfer of permit responsibility
and liability is provided, responsibility for compliance with the terms
and conditions of the permit and liability for any violation associated
therewith is assumed by the transferee, effective on the date of the ap-
proved transfer. This section is not intended to relieve a transfer or of
any liability.
(d) The executive director must be satisfied that proof of any
required financial responsibility is sufficient before transmitting an ap-
plication for transfer to the commission for further proceedings.
(e) If a person attempting to acquire a permit causes or allows
operation of the facility before approval is given, such person shall be
considered to be operating without a permit or other authorization.
(f) The commission may refuse to approve a transfer where
conditions of a judicial decree, compliance agreement, or other en-
forcement order have not been entirely met. The commission shall also
consider the prior compliance record of the transferee, if any.
(g) For permits involving hazardous waste under the Texas
Solid Waste Disposal Act, Texas Health and Safety Code Annotated,
Chapter 361 changes in the ownership or operational control of a facil-
ity may be made as Class 1 modifications with prior written approval
of the executive director in accordance with 305.69 of this title (relat-
ing to Solid Waste Permit Modification at the Request ofthe Permittee).
The new owner or operator must submit a revised permit application no37 TexReg 7880 October 5, 2012 Texas Register
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
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/m1/66/: accessed July 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.