| (a) The following persons are eligible for a permit by rule under 40 Code of Federal Regulations (CFR) §270.60: (1) the owner or operator of a barge or other vessel which accepts hazardous waste for ocean disposal; (2) the owner or operator of a publicly owned treatment works (POTW) which accepts hazardous waste for treatment; and (3) the owner or operator of an injection well used to dispose of hazardous waste. (b) To be eligible for a permit by rule, such person shall comply with the requirements of 40 CFR §270.60 and the following rules: (1) 40 CFR §264.11 (EPA identification number); (2) 40 CFR §264.73(a) and (b)(1) (operating record); (3) 40 CFR §264.75 (biennial report); (4) §335.12 of this title (relating to Shipping Requirements Applicable to Owners or Operators of Storage, Processing, or Disposal Facilities); and (5) §335.15 of this title (relating to Recordkeeping and Reporting Requirements Applicable to Owners or Operators of Storage, Processing, or Disposal Facilities). (c) In addition to the requirements stated in subsection (b) of this section, the owner or operator of an injection well used to dispose of hazardous waste shall: (1) comply with the applicable personnel training requirements of 40 CFR §264.16; (2) when abandonment is completed, submit to the executive director certification by the owner or operator and certification by a Texas licensed professional engineer that the facility has been closed in accordance with the specifications in §331.46 of this title (relating to Closure Standards); and (3) for underground injection control permits issued after November 8, 1984, comply with §335.167 of this title (relating to Corrective Action for Solid Waste Management Units). Where the underground injection well is the only unit at a facility which requires a permit, comply with 40 CFR §270.14(d) (concerning information requirements for solid waste management units). Persons who dispose of hazardous waste by means of underground injection must obtain a permit under the Texas Water Code, Chapter 27. (d) In addition to the requirements stated in subsection (b) of this section, the owner or operator of a POTW which accepts hazardous waste for treatment shall: (1) meet all federal, state, and local pretreatment requirements which would be applicable to the waste if it were being discharged into the POTW through a sewer, pipe, or similar conveyance; and (2) for National Pollutant Discharge Elimination System permits issued after November 8, 1984, comply with §335.167 of this title. |
| Source Note: The provisions of §335.47 adopted to be effective May 28, 1986, 11 TexReg 2344; amended to be effective November 23, 1993, 18 TexReg 8218; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective October 29, 2009, 34 TexReg 7321 |
