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RULE §326.77Duration, Limits and Additional Registration Conditions

(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 Modifications).

(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 be effective.

(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 Director's Decision).

(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 inspection.

(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 of waste.

Source Note: The provisions of this §326.77 adopted to be effective May 26, 2016, 41 TexReg 3697

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