|(a) For facilities listed on the Registry or proposed for listing
on the Registry, no person may perform any partial or total removals at such
facility or conduct preliminary investigations of any type at such facility
until written authorization of the executive director has been received and
notice and opportunity for comment has been provided to all other potentially
(b) To expedite the executive director's consideration of a
proposal to conduct removals or preliminary investigations at a facility,
the person proposing such actions shall submit to the executive director:
(1) a workplan describing the removal and/or investigation
(2) a health and safety plan;
(3) a quality assurance project plan; and
(4) an implementation schedule for completing various subtasks
identified in the workplan.
(c) Any authorization by the executive director to perform
preliminary investigations, investigation activities, or partial or total
removals at a facility does not constitute a finding or determination by the
executive director that such preliminary investigation constitutes an approved
remedial investigation or that the removal constitutes the final remedial
action. An authorization by the executive director to perform any partial
or total removals or investigation activities also does not constitute a determination
or finding by the executive director that any release or threatened release
attributed to the removed materials is divisible as defined in Texas Health
and Safety Code, §361.276.
(d) Pursuant to Texas Health and Safety Code, §361.133(c)(1)
- (4) and (g), the executive director may perform necessary and appropriate
removal and remedial action at sites at which solid waste or hazardous substances
have been disposed if funds from a liable party, independent third party,
or the federal government are not sufficient for the removal or remedial action.
The executive director may also perform removals under Texas Health and Safety
Code, §361.133(c)(5) to protect human health and the environment.
|Source Note: The provisions of this §335.346 adopted to be effective September 9, 1991, 16 TexReg 4624; amended to be effective July 22, 1998, 23 TexReg 7369; amended to be effective November 15, 2001, 26 TexReg 9135