| (a) In order to administer the groundwater protection
requirements relating to compliance monitoring and corrective action
for facilities that store, process, or dispose of hazardous waste
in surface impoundments, waste piles, land treatment units, or landfills,
and the requirements of §335.167 of this title (relating to Corrective
Action for Solid Waste Management Units), the commission shall establish
a compliance plan.
(b) The following rules pertaining to application,
and notice and hearing shall be applicable in proceedings to establish
the plan: §39.401 of this title (relating to Purpose); §39.403
of this title (relating to Applicability); §39.405 of this title
(relating to General Notice Provisions); §39.407 of this title
(relating to Mailing Lists); §39.409 of this title (relating
to Deadline for Public Comment, and for Requests for Reconsideration,
Contested Case Hearing, or Notice and Comment Hearing); §39.411
of this title (relating to Text of Public Notice); §39.413 of
this title (relating to Mailed Notice); §39.418 of this title
(relating to Notice of Receipt of Application and Intent to Obtain
Permit); §39.419 of this title (relating to Notice of Application
and Preliminary Decision); §39.420 of this title (relating to
Transmittal of the Executive Director's Response to Comments and Decision); §39.421
of this title (relating to Notice of Commission Meeting to Evaluate
a Request for Reconsideration or Hearing on an Application); §39.423
of this title (relating to Notice of Contested Case Hearing); §39.425
of this title (relating to Notice of Contested Enforcement Case Hearing); §39.503
of this title (relating to Application for Industrial or Hazardous
Waste Facility Permit); §39.509 of this title (relating to Application
for a Class 3 Modification of an Industrial or Hazardous Waste Permit); §39.1005
of this title (relating to Notice of Class 1 Modification of an Industrial
Solid Waste or Hazardous Waste Permit); §39.1007 of this title
(relating to Notice of Class 2 Modification of an Industrial Solid
Waste or Hazardous Waste Permit); §50.113 of this title (relating
to Applicability and Action on Application); §50.115 of this
title (relating to Scope of Contested Case Hearings); §50.117
of this title (relating to Commission Actions); §50.119 of this
title (relating to Notice of Commission Action, Motion for Rehearing); §55.200
of this title (relating to Applicability); §55.201 of this title
(relating to Requests for Reconsideration or Contested Case Hearing); §55.203
of this title (relating to Determination of Affected Person); §55.205
of this title (relating to Request by Group or Association); §55.209
of this title (relating to Processing Requests for Reconsideration
and Contested Case Hearing); §55.210 of this title (relating
to Direct Referrals); §55.211 of this title (relating to Commission
Action on Requests for Reconsideration and Contested Case Hearing);
Chapter 281 of this title (relating to Applications Processing); §305.43
of this title (relating to Who Applies); §305.44 of this title
(relating to Signatories to Applications); §305.47 of this title
(relating to Retention of Application Data); §305.50 of this
title (relating to Additional Requirements for an Application for
a Hazardous or Industrial Solid Waste Permit and for a Post-Closure
Order); §305.53 of this title (relating to Application Fee ); §§305.122
- 305.124 of this title (relating to Characteristics of Permits; Reservation
in Granting Permit; and Acceptance of Permit, Effect); and §305.128
of this title (relating to Signatories to Reports).
(c) Any investigation report to establish compliance
monitoring or corrective action shall contain the information specified
in the regulations contained in 40 Code of Federal Regulation (CFR) §270.14(c)(7)
and (8), which are in effect as of September 9, 1987. The executive
director may authorize, in writing, in advance the submittal of a
proposed permit schedule for the submittal of an engineering feasibility
plan as set forth in the regulations contained in 40 CFR §270.14(c)(7),
which are in effect as of September 9, 1987. The executive director
may also authorize, in writing, prior to the submittal of a complete
permit application, the submittal of a schedule for the information
required in the regulations contained in 40 CFR §270.14(c)(8)(iii)
and (iv), as set forth in the regulations contained in 40 CFR §270.14(c)(8)(v),
which are in effect as of September 9, 1987. The executive director
may request information necessary to determine the appropriateness
and extent of corrective action required by §335.167 of this
title .
(d) The executive director shall prepare a draft compliance
plan unless the executive director recommends not to approve the plan.
The draft compliance plan shall be available for public review, and
notice that the executive director has prepared such a plan will be
given pursuant to §39.503 of this title . The draft compliance
plan shall be filed with the commission to be included in its consideration
of the approval of a compliance plan.
(e) The executive director shall prepare a technical
summary which sets forth the principal facts and the significant factual,
legal, methodological, and policy questions considered in preparing
the draft compliance plan. The executive director shall send this
summary together with the draft compliance plan to the applicant and,
on request, to any other person. The summary shall include the following
information, where applicable:
(1) a brief description of the type of facility or
activity which is the subject of the draft compliance plan;
(2) the type and quantity of wastes, fluids, or pollutants
which are being managed at the facility;
(3) a brief summary of the basis for the conditions
of the draft compliance plan, including references to applicable statutory
or regulatory provisions;
(4) a description of the procedures for reaching a
final decision on the draft compliance plan, including procedures
whereby the public may participate in the final decision; and
(5) the name and telephone number of a person in the
commission to contact for additional information.
(f) The plan may be amended:
(1) when the corrective action program specified in
the plan under §335.165 of this title (relating to Compliance
Monitoring Program) has not brought the regulated unit into compliance
with the groundwater protection standard within a reasonable time;
(2) when the plan requires a compliance monitoring
program under §335.165 of this title, but monitoring data collected
prior to permit issuance indicate that the facility is exceeding the
groundwater protection standard. The sections of this chapter pertaining
to major amendments shall be applicable to the foregoing amendments
to the compliance plan.
(g) Whenever a facility is subject to permitting under
the Texas Solid Waste Disposal Act, Texas Civil Statutes, Article
4477-7, and is further required under §§335.156 - 335.167
of this title (relating to Applicability of Groundwater Monitoring
and Response; Required Programs; Groundwater Protection Standard;
Hazardous Constituents; Concentration Limits; Point of Compliance;
Compliance Period; General Groundwater Monitoring Requirements; Detection
Monitoring Program; and Corrective Action Program) to conduct compliance
monitoring or corrective action, processing of the permit application
for the facility and the establishment of the compliance plan shall
be consolidated in one proceeding.
(h) Nothing herein shall be construed to be inconsistent
with the commission's authority under the Texas Solid Waste Disposal
Act, Texas Civil Statutes, Article 4477-7, §8 and §8b.
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| Source Note: The provisions of this §305.401 adopted to be effective June 19, 1986, 11 TexReg 2601; amended to be effective July 14, 1987, 12 TexReg 2102; amended to be effective July 27, 1988, 13 TexReg 3514; amended to be effective August 8, 1999, 24 TexReg 5879; amended to be effective May 14, 2020, 45 TexReg 3109 |
