| (C) be based on a per cubic yard and/or short ton measure
for collection and disposition costs.
(k) Financial assurance. An owner or operator of a
recycling facility that stores nonhazardous combustible recyclable
materials outdoors, or that poses a significant risk to public health
and safety as determined by the executive director, shall establish
and maintain financial assurance for closure of the facility in accordance
with Chapter 37, Subchapter J of this title (relating to Financial
Assurance for Recycling Facilities).
(l) Closure requirements.
(1) Closure must include collecting processed and unprocessed
materials, and transporting the materials to an authorized facility
for disposition unless otherwise approved or directed in writing by
the executive director.
(2) Closure of the facility must be completed within
180 days following the most recent acceptance of processed or unprocessed
materials unless otherwise approved or directed in writing by the
executive director.
(m) Used oil that is recycled and is also a hazardous
waste solely because it exhibits a hazardous characteristic is not
subject to the requirements of Subchapters A - I or O of this chapter,
but is regulated under Chapter 324 of this title (relating to Used
Oil Standards). Used oil that is recycled includes any used oil which
is reused, following its original use, for any purpose (including
the purpose for which the oil was originally used). Such term includes,
but is not limited to, oil which is re-refined, reclaimed, burned
for energy recovery, or reprocessed.
(n) Owners or operators of facilities subject to hazardous
waste permitting requirements with hazardous waste management units
that recycle hazardous wastes are subject to the requirements of 40
CFR Part 264 or Part 265, Subparts AA and BB, as adopted by reference
under §335.152(a)(17) and (18) and §335.112(a)(19) and (20)
of this title (relating to Standards).
(o) Hazardous waste that is exported or imported for
purpose of recovery is subject to the requirements of 40 CFR Part
262, Subpart H, as amended through November 28, 2016 (81 FR 85696).
(p) Other portions of this chapter that relate to solid
wastes that are recycled include §335.1 of this title (relating
to Definitions), under the definition of "Solid waste," §335.6
of this title, §335.17 of this title (relating to Special Definitions
for Recyclable Materials and Nonhazardous Recyclable Materials), §335.18
of this title (relating to Variances from Classification as a Solid
Waste), §335.19 of this title (relating to Standards and Criteria
for Variances from Classification as a Solid Waste), and Subchapter
H of this chapter.
|
| Source Note: The provisions of this §335.24 adopted to be effective September 1, 1986, 11 TexReg 3693; amended to be effective July 14, 1987, 12 TexReg 2106; amended to be effective July 27, 1988, 13 TexReg 3515; amended to be effective March 1, 1996, 21 TexReg 1425; amended to be effective November 20, 1996, 21 TexReg 10983; amended to be effective October 19, 1998, 23 TexReg 10878; amended to be effective April 4, 1999, 24 TexReg 2352; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effectiveNovember4,2004, 29 TexReg 10134; amended to be effective February 21, 2013, 38 TexReg 978; amended to be effective June 11, 2020, 45 TexReg 3780 |
