| (a) Compliance with a Resource Conservation and Recovery
Act (RCRA) permit during its term constitutes compliance, for purposes
of enforcement, with subtitle C of RCRA except for those requirements
not included in the permit which:
(1) become effective by statute;
(2) are promulgated under 40 Code of Federal Regulations
(CFR) Part 268, restricting the placement of hazardous wastes in or
on the land;
(3) are promulgated under 40 CFR Part 264, regarding
leak detection systems for new and replacement surface impoundment,
waste pile, and landfill units, and lateral expansions of surface
impoundment, waste pile, and landfill units. The leak detection system
requirements include double liners, construction quality assurance
programs, monitoring, action leakage rates, and response action plans,
and will be implemented through the Class 1 permit modifications procedures
of §305.69 of this title (relating to Solid Waste Permit Modification
at the Request of the Permittee); or
(4) are promulgated under 40 CFR Part 265, Subparts
AA, BB, or CC limiting air emissions, as adopted by reference under §335.112
of this title (relating to Standards).
(b) A permit may be modified, revoked and reissued,
or terminated during its term for cause as set forth in §305.62
of this title (relating to Amendments) and §305.66 of this title
(relating to Permit Denial, Suspension, and Revocation), or the permit
may be modified upon the request of the permittee as set forth in §305.69
of this title.
(c) A permit issued within the scope of this subchapter
does not convey any property rights of any sort, nor any exclusive
privilege, and does not become a vested right in the permittee.
(d) The issuance of a permit does not authorize any
injury to persons or property or an invasion of other property rights,
or any infringement of state or local law or regulations.
(e) Except for any toxic effluent standards and prohibitions
imposed under Clean Water Act (CWA), §307, and standards for
sewage sludge use or disposal under CWA, §405(d), compliance
with a Texas pollutant discharge elimination system (TPDES) permit
during its term constitutes compliance, for purposes of enforcement,
with the CWA, §§301, 302, 306, 307, 318, 403, and 405; however,
a TPDES permit may be amended or revoked during its term for cause
as set forth in §305.62 and §305.66 of this title.
|
| Source Note: The provisions of this §305.122 adopted to be effective June 19, 1986, 11 TexReg 2597; amended to be effective October 8, 1990, 15 TexReg 5492; amended to be effective November 23, 1993, 18 TexReg 8215; amended to be effective February 26, 1996, 21 TexReg 1137; amended to be effective November 15, 2001, 26 TexReg 9123; amended to be effective February 21, 2013, 38 TexReg 970 |
