<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 305CONSOLIDATED PERMITS
SUBCHAPTER DAMENDMENTS, RENEWALS, TRANSFERS, CORRECTIONS, REVOCATION, AND SUSPENSION OF PERMITS
RULE §305.67Revocation and Suspension upon Request or Consent

(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.


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

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page