| (a) Except as provided in this section, the owner or operator must submit his closure plan to the executive director in accordance with the procedures outlined in 40 Code of Federal Regulations (CFR) §265.112. The owner or operator must submit his closure plan to the executive director no later than 15 days after: (1) termination of interim status (except when a permit is issued to the facility simultaneously with termination of interim status); or (2) issuance of a judicial decree or compliance order under the Resource Conservation and Recovery Act or Texas Health and Safety Code, Chapter 361, to cease receiving wastes or close. (b) Except as provided in subsection (c) of this section, the executive director will provide the owner or operator and the public, through newspaper notice, the opportunity to submit written comments on the plan and request modifications of the plan within 30 days of the date of the notice. The owner or operator is responsible for the cost of publication. The executive director may, in response to a request or at his own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning a closure plan. The executive director will give public notice of the hearing at least 30 days before it occurs. (Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the two notices may be combined.) The executive director will approve, modify, or disapprove the plan within 90 days of receipt. If the executive director does not approve the plan, he shall provide the owner or operator with a detailed written statement of reasons for the refusal and the owner or operator must modify the plan or submit a new plan within 30 days after receiving such written statement. The executive director will approve or modify this plan in writing within 60 days. If the executive director modifies the plan, this modified plan becomes the approved closure plan. The executive director's decision must assure that the approved closure plan is consistent with 40 CFR §§265.111 - 265.115, and the applicable closure requirements contained in this chapter for specific waste management methods, and contained in 40 CFR §265.1102. A copy of this modified plan with a detailed statement of reasons for the modifications must be mailed to the owner or operator. (c) Closure plans submitted in an application for a post-closure order in accordance with §305.50(b) of this title (relating to Additional Requirements for an Application for a Hazardous or Industrial Solid Waste Permit and for a Post-Closure Order) must comply with the public notice and comment requirements specified in Chapter 39, Subchapter N of this title (relating to Public Notice of Post Closure Orders). |
| Source Note: The provisions of this §335.118 adopted to be effective May 28, 1986, 11 TexReg 2347; amended to be effective July 14, 1987, 12 TexReg 2106; amended to be effective February 26, 1996, 21 TexReg 1142; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective January 30, 2003, 28 TexReg 715; amended to be effective October 29, 2009, 34 TexReg 7321 |
