| (a) All existing industrial solid waste disposal facilities
which are classified as open dumps shall be upgraded or closed in accordance
with measures specified by the commission so that the facility or practice
no longer violates the criteria in 40 Code of Federal Regulations Part 257.
(b) The executive director may establish a timetable or schedule
of compliance for any facility classified as an open dump where the facility
owner or operator has demonstrated that other public or private alternatives
to comply with the prohibition on open dumping have been considered and such
alternatives to so comply cannot be utilized. The schedule of compliance shall
specify a schedule of remedial measures and an enforceable sequence of actions
leading to compliance within a reasonable time, not to exceed five years from
the date of publication of the inventory under the Resource Conservation and
Recovery Act of 1976, §4005.
(c) Nothing in this section precludes the executive director
from seeking any relief deemed necessary for violation of this subchapter,
any provision of Texas Health and Safety Code, Chapter 361, or any other regulations
of the commission nor does this section establish any prerequisite for seeking
that relief.
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