(a) A person shall submit the required application
and receive the appropriate registration issued after December 27,
1996, prior to storing or treating petroleum-substance wastes at a
new Class A facility or treating soil utilizing a new Class B waste
management facility.
(b) A person may not commence physical construction
of a new Class A or utilize a Class B petroleum-substance waste management
facility without first having submitted the required application and
received the appropriate registration unless otherwise authorized
by the agency.
(c) Any person who intends to store or treat petroleum-substance
waste at a Class A or Class B facility after December 27, 1996, must
submit an application for registration on a form approved by the agency.
Such person must submit information to the executive director which
is sufficiently detailed and complete to enable the agency to determine
whether such storage or treatment is compliant with the terms of this
subchapter. Such information shall include, at a minimum:
(1) information concerning the location of the facility;
(2) identification of the facility owner, facility
operator, and landowner;
(3) the job descriptions of all key operating personnel;
(4) documentation on the proposed access routes to
the facility, proposed daily volumes of traffic associated with the
facility, and confirmation on the suitability of roads leading to
the facility;
(5) waste storage, management, handling, and shipping
methods;
(6) waste treatment methods;
(7) waste sampling and analytical methods;
(8) disposition or reuse documentation;
(9) recordkeeping requirements;
(10) security and emergency procedures;
(11) facility closure plan and closure cost estimate
(see §334.508 of this title (relating to Closure Requirements
Applicable to Class A and Class B Facilities));
(12) facility plans and specifications;
(13) site maps and vicinity maps;
(14) documentation on the land use in the vicinity
of the facility;
(15) identification of all potential contaminant receptors
in the vicinity, including any water wells within 1,000 feet;
(16) documentation on the financial assurance required
(see Chapter 37, Subchapter K of this title (relating to Financial
Assurance Requirements for Class A or B Petroleum-Substance Contaminated
Soil Storage, Treatment, and Reuse Facilities));
(17) documentation on all required restrictive easements;
(18) the geology and hydrogeology where the facility
is located;
(19) documentation on the effectiveness of the treatment
method;
(20) documentation of the receipt of any additional
authorization required by any other federal, state, or local regulatory
agency; and
(21) any other information as the agency may deem necessary
to determine whether the facility and operation thereof will comply
with the requirements of this subchapter. The application shall be
submitted to the agency's central office.
(d) If the applicant is other than an individual, the
application must be signed by the owner or operator of the facility,
the president or chief executive officer of the company, or all the
partners of the company.
(e) Any person who stores or treats petroleum-substance
waste shall have the continuing obligation to immediately provide
written notice to the agency of any changes or additional information
concerning the information submitted to the commission or activities
authorized in any registration within 15 days of the change or from
the date the additional information was acquired.
(f) Any information required by this subsection must
be submitted to the agency's office in Austin.
(g) The registration is not transferable to any other
facility or facility owner. Any transfer of ownership shall require
a change in registration of the facility. However, a change in registration
of a facility shall not relieve the transferor of any liability which
may have been incurred prior to the change in registration.
(h) The applicant or a person affected by the executive
director's final approval or denial of an application for registration
may file with the chief clerk of the commission a motion to overturn
under §50.139 of this title (relating to Motion to Overturn Executive
Director's Decision).
|
Source Note: The provisions of this §334.484 adopted to be effective March 25, 1993, 18 TexReg 1691; amended to be effective December 27, 1996, 21 TexReg 12177 ; amended to be effective March 21, 2000, 25 TexReg 2390; amended to be effective November 23, 2000, 25 TexReg 11442; amended to be effective May 14, 2020, 45 TexReg 3126 |