(a) No person may cause, suffer, allow, or permit the storage,
treatment, transport, reuse, or disposal of petroleum-substance waste except
as authorized by this subchapter and the rules of the commission.
(b) Prior to proceeding in any manner that differs from the
requirements of this subchapter, the generator and/or an authorized representative
of the treatment facility must secure written agency approval in the form
of a variance in accordance with this section.
(c) The agency has authority to review and approve requests
for variances from the requirements of this subchapter. The agency may approve
such requests only if the generator and/or an authorized representative of
the treatment facility can demonstrate to the satisfaction of appropriate
agency staff that the proposed alternative procedure is protective of human
health and safety and the environment.
(d) Any request to the agency for approval of a variance must
be made in writing, must be signed and dated by the generator and/or an authorized
representative of the treatment facility, and must be accompanied by complete
project identification and documentation as requested by agency staff.
(e) If a variance is granted by the agency, the generator and
treatment facility must maintain complete copies of the variance and supporting
documentation (including the request for the variance) in the manner described
in §334.497 (relating to Recordkeeping and Reporting Procedures Applicable
to Generators).
(f) Once a person has received a written variance from the
agency under this subsection, that person must adhere to the terms of that
variance as written or to the rule requirements for which the variance was
sought.
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Source Note: The provisions of this §334.482 adopted to be effective March 25, 1993, 18 TexReg 1691; amended to be effective December 27, 1996, 21 TexReg 12177; amended to be effective November 23, 2000, 25 TexReg 11442 |