| §8.03 of the Compact. In addition, every importation
agreement approved by the Commission shall include a condition requiring
the Compact Facility Operator to receive written certification from
the TCEQ that the waste is authorized for disposal under the license
prior to the acceptance of waste under the importation agreement.
(2) The Commission may revoke or amend an agreement
on its own motion or in response to an application by the agreement
holder. When the Commission amends an importation agreement on its
own motion, it may provide a reasonable time to allow the agreement
holder and the Compact Facility Operator to make the changes necessary
to comply with any additional requirements imposed by the Commission.
No imports shall be allowed under any amended agreement for the importation
of waste until:
(A) the amendment to the importation agreement has
been executed by both the Commission and the agreement holder; and
(B) the agreement holder has made any changes necessary
to comply with additional requirements imposed by the Commission.
(3) The Commission's Chair or his or her delegate may
review applications for minor amendments and, in consultation with
a committee of the Commission or other persons employed by or retained
by the Commission for the purpose, may approve them without a vote
of the entire Commission, although the Chair or his or her delegate
has the discretion to refer the application for the amendment to the
full Commission for a decision. The following changes are considered
to be minor amendments: inclusion of additional compacts or unaffiliated
states, territories, possessions, or districts of the United States
from which waste will be shipped; inclusion of an additional waste
stream; a change in waste form; and inclusion of an additional type
of generator. If the holder of an importation agreement seeks to add
points of origin of the waste to be disposed of in the Compact Facility,
the agreement holder must also provide export authorization, as necessary,
from a compact to which the state being added is a party. The Commission
will not treat an application for amendment as a request for a minor
amendment simply because the applicant has described the amendment
as "minor." If the Chair or his or her delegate, in consultation with
a committee of the Commission or other persons employed by or retained
by the Commission for the purpose, decides that an application purporting
to be an application for a minor amendment is actually an application
for a major amendment, the Commission will return the application
to the applicant who may resubmit the application as an application
for a major amendment.
(4) Notice of Applications for Amendments to Import
Agreements. All applications for amendments to import agreements,
including applications for minor amendments, shall be posted to the
Commission's website within five business days of their submission.
(5) Commission Decisions on Applications for Amendments
to Import Agreements. If an application is for a minor amendment,
neither the Chair nor his or her delegate will act on the application
before the 15th calendar day after the posting of the application
for amendment. The Commission will act on applications for major amendments
in the same manner that it acts on original applications for import
agreements and within the same time period. An import agreement is
not assignable or transferable to any other person. The Commission's
action, or that of the Chair or his or her delegate, on an application
for amendment to an import agreement is final without the filing of
a motion for rehearing.
(m) The Compact Facility Operator shall file with the
Commission a Quarterly Import Report, no later than 30 days after
the end of each calendar quarter, describing the imported waste that
was disposed and stored under the import agreement during the quarter
by the Compact Facility. Each Quarterly Import Report will provide
the identity of the generator, the manifested volume and activity
of each imported class of waste (A, B, and C), the state or United
States Territory of origin, and the date(s) of waste disposal. The
Quarterly Report shall provide this information for the imported waste
disposed of during the most recent quarter, as well as the cumulative
information for imported waste disposed of in prior quarters under
this Agreement. The Commission shall publish quarterly on its website
a report derived from the information provided to it by the Compact
Facility Operator as well as from the TCEQ.
(n) Small Quantity Generators. A small quantity generator
may use a broker to file import applications and proposed agreements
with the Commission on its behalf. Such applications and proposed
agreements shall comply in all respects with this section.
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| Source Note: The provisions of this §675.23 adopted to be effective February 8, 2011, 36 TexReg 571; amended to be effective May 2, 2012, 37 TexReg 3177; amended to be effective September 9, 2015, 40 TexReg 5793 |
