| (III) certification by the governing body of passage
of the resolution.
(C) If any of the information required to be disclosed
under subparagraph (B) of this paragraph would be considered confidential
under applicable law, the information shall be protected accordingly.
During hearings on contested applications, disclosure of confidential
information may be allowed only under an appropriate protective order.
(D) An application for a modification or amendment
of a permit that includes a capacity expansion of an existing hazardous
waste management facility must also contain information provided by
a Texas licensed professional geoscientist or licensed professional
engineer delineating all faults within 3,000 feet of the facility,
together with a demonstration, unless previously demonstrated to the
commission or the United States Environmental Protection Agency, that:
(i) the fault has not experienced displacement within
Holocene time, or if faults have experienced displacement within Holocene
time, that no such faults pass within 200 feet of the portion of the
surface facility where treatment, storage, or disposal of hazardous
wastes will be conducted; and
(ii) the fault will not result in structural instability
of the surface facility or provide for groundwater movement to the
extent that there is endangerment to human health or the environment.
(E) At any time after the effective date of the requirements
contained in Chapter 335, Subchapter F of this title (relating to
Permitting Standards for Owners and Operators of Hazardous Waste Treatment,
Storage, or Disposal Facilities), the executive director may require
the owner or operator of an existing hazardous waste management facility
to submit that portion of his application containing the information
specified in 40 CFR §§270.14 - 270.27. Any owner or operator
shall be allowed a reasonable period of time from the date of the
request to submit the information. An application for a new hazardous
waste management facility must be submitted at least 180 days before
physical construction of the facility is expected to commence.
(5) An application for a new hazardous waste landfill
which is filed after January 1, 1986, must include an engineering
report which evaluates the benefits, if any, associated with the construction
of the landfill above existing grade at the proposed site, the costs
associated with the above-grade construction, and the potential adverse
effects, if any, which would be associated with the above-grade construction.
(6) An application for a new hazardous waste landfill,
land treatment facility, or surface impoundment that is to be located
in the apparent recharge zone of a regional aquifer must include a
hydrogeologic report prepared by a Texas licensed professional geoscientist
or licensed professional engineer documenting the potential effects,
if any, on the regional aquifer in the event of a release from the
waste containment system.
(7) Engineering plans and specifications submitted
as part of the permit application shall be prepared and sealed by
a Texas licensed professional engineer who is currently registered
as required by the Texas Engineering Practice Act.
(8) After August 8, 1985, any Part B permit application
submitted by an owner or operator of a facility that stores, processes,
or disposes of hazardous waste in a surface impoundment or a landfill
must be accompanied by information, reasonably ascertainable by the
owner or operator, on the potential for the public to be exposed to
hazardous wastes or hazardous constituents through releases related
to the unit. By August 8, 1985, owners and operators of a landfill
or a surface impoundment who have already submitted a Part B application
must submit the exposure information required by this paragraph. At
a minimum, such information must address:
(A) reasonably foreseeable potential releases from
both normal operations and accidents at the unit, including releases
associated with transportation to or from the unit;
(B) the potential pathways of human exposure to hazardous
wastes or constituents resulting from documented releases; and
(C) the potential magnitude and nature of the human
exposure resulting from such releases.
(9) In the case of an application for a permit to store,
process, or dispose of hazardous waste at a new hazardous waste management
facility, or an application for amendment or modification of a solid
waste management facility permit to provide for capacity expansion,
the application shall also identify the nature of any known specific
and potential sources, types, and volumes of waste to be stored, processed,
or disposed of by the facility and shall identify any other related
information the executive director may require.
(10) In the case of an application for a permit to
store, process, or dispose of hazardous waste at a new hazardous waste
management facility, the application must also contain the following:
(A) copies of any relevant land use plans, adopted
in accordance with the Texas Local Government Code, Chapter 211, which
were in existence before publication of the notice of intent to file
a solid waste permit application or, if no notice of intent is filed,
at the time the permit application is filed;
(B) identification of the names and locations of industrial
and other waste-generating facilities within 1/2 mile of the facility
in the case of an application for a permit for a new on-site hazardous
waste management facility, and within one mile of the facility in
the case of an application for a permit for a new commercial hazardous
waste management facility;
(C) the approximate quantity of hazardous waste generated
or received annually at those facilities described under subparagraph
(B) of this paragraph;
(D) descriptions of the major routes of travel in the
vicinity of the facility to be used for the transportation of hazardous
waste to and from the facility, together with a map showing the land-use
patterns, covering at least a five-mile radius from the boundaries
of the facility; and
(E) the information and demonstrations concerning faults
described under paragraph (4)(D)of this subsection.
(11) In the case of an application for a permit to
store, process, or dispose of hazardous waste, the application shall
also contain information sufficient to demonstrate to the satisfaction
of the commission that a proposed hazardous waste landfill, areal
expansion of such landfill, or new commercial hazardous waste land
disposal unit is not subject to inundation as a result of a 100-year
flood event. An applicant or any other party may not rely solely on
floodplain maps prepared by the Federal Emergency Management Agency
or a successor agency to determine whether a hazardous waste landfill,
areal expansion of such landfill, or commercial hazardous waste land
disposal unit is subject to such an inundation.
(12) In the case of an application for a permit to
store, process, or dispose of hazardous waste at a new commercial
hazardous management facility, the application shall also contain
the following:
(A) information sufficient to demonstrate whether a
burden will be imposed on public roadways by vehicles traveling to
and from the facility, including, at a minimum:
(i) the average gross weight of the various types and
sizes of such vehicles to be used for transportation of hazardous
waste;
(ii) the average number of such vehicles which would
travel the public roadways; and
(iii) identification of the roads to be used by vehicles
traveling to and from the facility within a minimum radius of 2 1/2
miles from the facility. Such identification must include the major
highways nearest the facility, even if they are located outside the
2 1/2 mile radius;
(B) in addition to the requirements of subparagraph
(A) of this paragraph, an applicant may submit a letter from the relevant
agency of the state, county, or municipality which has the authority
to regulate and maintain roads which states unequivocally that the
roads to and from the facility are adequate for the loads to be placed
on them by the proposed facility. Such letter will serve as prima
facie evidence that the additional loads placed on the roadways caused
by the operation of the facility would not constitute a burden and
thus would not require that improvements be made to such roadways.
Such letter does not, however, obviate the need to submit the information
required under subparagraph (A) of this paragraph;
(C) evidence sufficient to demonstrate that:
(i) emergency response capabilities are available or
will be available before the facility first receives waste, in the
area in which the facility is located or proposed to be located, that
has the ability to manage a reasonable worst-case emergency condition
associated with the operation of the facility; such evidence may include,
but is not limited to, the following:
Cont'd... |
