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RULE §305.45Contents of Application for Permit

(a) Forms for permit applications will be made available by the executive director. Each application for permit must include the following:

  (1) the name, mailing address, and location of the facility for which the application is submitted;

  (2) the ownership status as federal, state, private, public, or other entity;

  (3) the applicant's name, mailing address, and telephone number;

  (4) a brief description of the nature of the business;

  (5) the activities conducted by the applicant which require a permit;

  (6) a topographic map, ownership map, county highway map, or a map prepared by a Texas licensed professional engineer, Texas licensed professional geoscientist, or a registered surveyor which shows the facility and each of its intake and discharge structures and any other structure or location regarding the regulated facility and associated activities. Maps must be of material suitable for a permanent record, and shall be on sheets 8-1/2 inches by 14 inches or folded to that size, and shall be on a scale of not less than one inch equals one mile. The map shall depict the approximate boundaries of the tract of land owned or to be used by the applicant and shall extend at least one mile beyond the tract boundaries sufficient to show the following:

    (A) each well, spring, and surface water body or other water in the state within the map area;

    (B) the general character of the areas adjacent to the facility, including public roads, towns and the nature of development of adjacent lands such as residential, commercial, agricultural, recreational, undeveloped, and so forth;

    (C) the location of any waste disposal activities conducted on the tract not included in the application;

    (D) the ownership of tracts of land adjacent to the facility and within a reasonable distance from the proposed point or points of discharge, deposit, injection, or other place of disposal or activity; and

    (E) such other information that reasonably may be requested by the executive director;

  (7) a listing of all permits or construction approvals received or applied for under any of the following programs:

    (A) Hazardous Waste Management Program under the Texas Solid Waste Disposal Act;

    (B) Underground Injection Control Program under the Texas Injection Well Act;

    (C) National Pollutant Discharge Elimination System Program under the Clean Water Act and Waste Discharge Program under Texas Water Code, Chapter 26;

    (D) Prevention of Significant Deterioration Program under the Federal Clean Air Act (FCAA);

    (E) Nonattainment Program under the FCAA;

    (F) national emission standards for hazardous air pollutants preconstruction approval under the FCAA;

    (G) ocean dumping permits under the Marine Protection Research and Sanctuaries Act;

    (H) dredge or fill permits under the FCAA;

    (I) licenses under the Texas Radiation Control Act;

    (J) subsurface area drip dispersal system permits under Texas Water Code, Chapter 32; and

    (K) other environmental permits; and

  (8) a supplementary technical report submitted in connection with an application. The report shall be prepared either by a Texas licensed professional engineer, a Texas licensed professional geoscientist, or by a qualified person who is competent and experienced in the field to which the application relates and thoroughly familiar with the operation or project for which the application is made. The report must include the following:

    (A) a general description of the facilities and systems used for or in connection with the collection, transportation, treatment, and disposal of waste, or used in connection with an injection activity;

    (B) for each outfall, injection well, place of deposit, or place of disposal:

      (i) the volume and rate of disposal of the defined waste or of fluid injection, including appropriate averages, the maximum rates of disposal or injection over representative periods of time, and detailed information regarding patterns of disposal or injection; and

      (ii) the physical, chemical, and radiological properties of the defined waste or the injection fluids; the characteristics of the waste or the injection fluid; the chemical, physical, thermal, organic, bacteriological, or radiological properties or characteristics, as applicable, described in enough detail to allow evaluation of the water and environmental quality considerations involved; and

    (C) such other information as reasonably may be required by the executive director for an adequate understanding of the project or operation, and which is necessary to provide the commission an adequate opportunity to make the considerations required by §331.121 of this title (relating to Class I Wells), §331.122 of this title (relating to Class III Wells), §305.50 of this title (relating to Additional Requirements for an Application for a Hazardous or Industrial Solid Waste Permit and for a Post-Closure Order), §305.48 of this title (relating to Additional Contents for Applications for Wastewater Discharge Permits), §305.54 of this title (relating to Additional Requirements for Radioactive Material Licenses), §336.207 of this title (relating to General Requirements for Issuance of a License), §336.513 of this title (relating to Technical Requirements for Active Disposal Sites), §336.617 of this title (relating to Technical Requirements for Inactive Disposal Sites), §336.705 of this title (relating to Content of Application), and Chapter 330, Subchapter E of this title (relating to Operational Standards for Municipal Solid Waste Storage and Processing Units).

(b) Only one application needs to be filed for each geographical location in which waste is or will be disposed of or discharged from, even though there may be more than one outfall, place of deposit, or other place of disposal covered in the application.

Source Note: The provisions of this §305.45 adopted to be effective June 19, 1986, 11 TexReg 2593; amended to be effective June 13, 1996, 21 TexReg 4999; amended to be effective June 5, 1997, 22 TexReg 4583; amended to be effective September 14, 2000, 25 TexReg 8974; amended to be effective September 11, 2003, 28 TexReg 7774; amended to be effective July 5, 2006, 31 TexReg 5333; amended to be effective October 29, 2009, 34 TexReg 7315

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