|(a) The executive director shall, after review of any
application for registration, approve or deny an application. This
action shall be based on whether the application meets the requirements
of this chapter.
(b) A registration is normally issued for the life
of the facility but may be revoked or modified at any time if the
operating conditions do not meet the minimum standards set forth in
this chapter or for any other good cause.
(c) A registration is issued to a specific person (see
definition of "Person" contained in §3.2 of this title (relating
to Definitions)) and may not be transferred from one person to another
without complying with §305.62 and §305.70 of this title
(relating to Amendments; and Municipal Solid Waste Permit and Registration
(d) Except for transporters and mobile treatment units,
a registration is attached to the realty to which it pertains and
may not be transferred from one facility to another.
(e) If a registered facility does not commence physical
construction within two years of issuance of a registration or within
two years of the conclusion of the appeals process, whichever is longer,
the registration shall automatically terminate and will no longer
(f) A registration shall be considered to be a permit
for purposes of revocation and denial under Chapter 305 of this title
(relating to Consolidated Permits).
(g) The owner or operator may file with the chief clerk
a motion to overturn the executive director's denial of a registration
under §50.139 of this title (relating to Motion to Overturn Executive
(h) If at any time during the life of the facility
the owner or operator becomes aware of any condition in the registration
that necessitates a change to accommodate new technology or improved
methods or that makes it impractical to keep the facility in compliance,
the owner or operator shall submit to the executive director requested
changes to the registration in accordance with §305.70 of this
title and must be approved prior to their implementation.
(i) The owner or operator shall obtain and submit certification
by a Texas-licensed professional engineer that the facility has been
constructed as designed in accordance with the issued registration
and in general compliance with the regulations prior to initial operation.
The owner or operator shall maintain that certification on-site for
(j) After all initial construction activity has been
completed and prior to accepting any solid waste, the owner or operator
shall contact the executive director and region office in writing
and request a pre-opening inspection. A pre-opening inspection shall
be conducted by the executive director within 14 days of notification
by the owner or operator that all construction activities have been
completed, accompanied by representatives of the owner or operator
and the engineer.
(k) The facility shall not accept solid waste until
the executive director has confirmed in writing that all applicable
submissions required by the registration and this chapter have been
received and found to be acceptable, and that construction is in compliance
with the registration. If the executive director has not provided
a written or verbal response within 14 days of completion of the pre-opening
inspection the facility shall be considered approved for acceptance