(a) If a permittee no longer desires to continue a waste disposal
activity or to dispose of waste under a permit, or is agreeable to a suspension
of authorization to do so for a specified period of time, the permittee should
file with the executive director a written request, or a written consent and
waiver not later than 10 days following receipt of notice of the intention
to file a petition under §305.66 of this title (relating to Revocation
and Suspension).
(b) If a permittee requests or consents to the revocation or
suspension of the permit, the executive director may revoke or suspend the
permit without the necessity of a public hearing or commission action. The
executive director shall notify the commission of each such revocation or
suspension.
(c) Upon request of the applicant, the executive director may
terminate a radioactive material license in accordance with this section,
if the licensee has complied with the applicable decommissioning requirements
under Chapter 336 of this title (relating to Radioactive Substance Rules).
(d) Expedited permit termination.
(1) The executive director may terminate a permit by notice
to the permittee if:
(A) the entire discharge is permanently terminated by elimination
of the flow or connection to a POTW (but not by land application or disposal
into a well);
(B) the permittee is not subject to any pending state or federal
enforcement actions including citizen suits brought under state or federal
law; and
(C) the permittee does not object within 30 days after notice
is sent.
(2) Termination by notice is effective 30 days after notice
is sent, unless the permittee objects at that time, in which case the executive
director may not proceed under this subsection and may proceed under §305.66
of this title (relating to Permit Denial, Suspension, and Revocation) or §305.68
of this title (relating to Action and Notice on Petition for Revocation or
Suspension).
(3) If requesting expedited permit termination procedures,
the permittee must certify that it is not subject to any pending state or
federal enforcement actions including citizen suits brought under state or
federal law.
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Source Note: The provisions of this §305.67 adopted to be effective June 19, 1986, 11 TexReg 2594; amended to be effective September 14, 2000, 25 TexReg 8974; amended to be effective August 15, 2002, 27 TexReg 7163 |