| (a) This section applies only to modifications to municipal
solid waste (MSW) permits and registrations related to regulated MSW
activities. Modifications to industrial and hazardous solid waste
permits are covered in §305.69 of this title (relating to Solid
Waste Permit Modification at the Request of the Permittee). Changes
to conditions in an MSW permit or registration which were specifically
ordered by the commission following the contested hearing process
or included by the executive director as a result of negotiations
between the applicant and interested persons during the permitting/registration
process are not eligible for modification under this section. Applications
filed before the effective date of this section will be subject to
the section as it existed at the time the application was received.
(b) References to the term "permit" in this section
include the permit document and all of the attachments thereto as
further defined in Chapter 330, Subchapter B of this title (relating
to Permit and Registration Application Procedures). References to
the term "registration" in this section include the registration document
and all of the attachments thereto as further defined in Chapter 330,
Subchapter B of this title.
(c) Any increase in the permitted or registered daily
maximum limit of waste acceptance for a Type V processing facility
shall be subject either to the requirements of §305.62(c)(1)
of this title (relating to Amendment) in the case of a permitted facility,
or to the requirements of a new registration in the case of a registered
facility. Changes in the annual waste acceptance rate at landfill
facilities are subject to the requirements of §330.125(h) of
this title (relating to Recordkeeping Requirements).
(d) Permit and registration modifications apply to
minor changes to an MSW facility or its operation that do not substantially
alter the permit or registration conditions and do not reduce the
capability of the facility to protect human health and the environment.
(e) A permittee or registrant may implement a modification
to an MSW permit or registration provided that the permittee or registrant
has received prior written authorization for the modification from
the executive director. In order to receive prior written authorization,
the permittee or registrant must submit a modification application
to the executive director which includes, at a minimum, the following
information:
(1) a description of the proposed change;
(2) an explanation detailing why the change is necessary;
(3) appropriate revisions to all applicable narrative
pages and drawings of Attachment A of a permit or a registration (i.e.,
a site development plan, site operating plan, engineering report,
or any other approved plan attached to a permit or a registration
document). These revisions shall be marked and include revision dates
and notes as necessary in accordance with §330.57(g) of this
title (relating to Permit and Registration Applications for Municipal
Solid Waste Facilities);
(4) a reference to the specific provision under which
the modification application is being made; and
(5) for those modifications submitted in accordance
with subsection (l) of this section that the executive director determines
that notice is required and for those listed in subsection (k) of
this section, an updated landowners map and an updated landowners
list as required under §330.59(c)(3) of this title (relating
to Contents of Part I of the Application).
(f) The permittee or registrant must submit one original,
two unmarked copies, and one marked (e.g., redline/strikeout) copy
of the modification application in accordance with §305.44 of
this title (relating to Signatories to Applications). The applicant
shall provide one of the two unmarked copies to the appropriate commission
regional office. Failure to submit the modification application with
complete information may result in the application being returned
to the permittee or registrant without further action. Engineering
documents must be signed and sealed by the responsible licensed professional
engineer as required by §330.57(f) of this title.
(g) The following shall guide the processing of applications
for modification of permits and registrations:
(1) For an application for a modification that does
not require notice, if at the end of 60 calendar days after receipt
of the permit or registration modification application the executive
director has not taken one of the following five steps, the application
shall be automatically approved:
(A) approve the application, with or without changes,
and modify the permit or registration accordingly;
(B) deny the application;
(C) provide a notice-of-deficiency letter requiring
additional or clarified information regarding the proposed change;
(D) determine that the application does not qualify
as a registration modification, and that the requested change requires
a new application for registration; or
(E) determine that the application does not qualify
as a permit modification and that the requested change requires an
amendment to the permit in accordance with §305.62(c) of this
title.
(2) For an application for a modification that requires
notice, technical review shall be completed within 60 calendar days
of receipt of the permit or registration modification application,
unless the review period is extended by the executive director in
writing if needed to resolve an outstanding notice of deficiency.
Upon completion of the public comment period, the executive director
may do one of the following.
(A) If no timely comments are received, the executive
director may grant the application on the 28th calendar day (unless
extended by the executive director) after the notice requirements
have been met as evidenced by the certification of notice filed with
the chief clerk. The application is automatically approved if not
acted on by the 28th calendar day (unless extended by the executive
director) after the notice requirements have been met as evidenced
by the certification of notice filed with the chief clerk.
(B) If timely comments are received, the executive
director may take one of the steps listed in paragraph (1) of this
subsection on or before the 45th calendar day (unless extended by
the executive director) after the notice requirements have been met
as evidenced by the certification of notice filed with the chief clerk.
The application is automatically approved if not acted on by the 45th
calendar day (unless extended by the executive director) after the
notice requirements have been met as evidenced by the certification
of notice filed with the chief clerk.
(h) If an application for a permit or registration
modification is denied by the executive director, the permittee or
registrant must comply with the original permit or registration conditions.
(i) If a permit or registration modification is listed
in subsection (k) of this section or if a permit or registration modification
application is made under subsection (l) of this section and the executive
director determines that notice is required, notice shall be made
in accordance with §39.1009 of this title (relating to Notice
of Modification of a Municipal Solid Waste Permit or Registration)
and the following requirements:
(1) The permittee or registrant shall:
(A) file a landowner's list current on the day of filing
under subsection (e)(5) of this section and §39.413(1) of this
title (relating to Mailed Notice);
(B) provide Notice of Application and Preliminary Decision
after technical review is complete in accordance with §39.1009
of this title;
(C) mail the notice to the persons listed in §39.413
of this title; and
(D) file certification with the commission on a form
prescribed by the executive director that notice was provided as required
by this section.
(2) The text of the notice prepared by the executive
director shall:
(A) comply with §39.1009 of this title;
(B) state that a person may provide the commission
with written comments on the application within 23 days after the
date the applicant mails notice; and
(C) provide the website address where the application
has been placed in accordance with §330.57(i) of this title.
(3) Before acting on an application, the executive
director shall review and consider any timely written comments. The
executive director is not required to file a response to comment.
(4) The chief clerk shall mail notice of issuance of
a modification in accordance with §50.133(b) of this title (relating
to Executive Director Action on Application or WQMP Update). Section
50.133(b) of this title does not apply to modifications which do not
require notice under subsection (j) or (l) of this section.
(j) Paragraphs (1) - (32) of this subsection are allowable
permit and registration modifications that do not require notice if
they meet the criteria in subsection (d) of this section (i.e., they
must apply to minor changes to an MSW facility or its operation that
do not substantially alter the permit or registration conditions and
do not reduce the capability of the facility to protect human health
and the environment):
(1) the establishment of a cell or area that will accept
brush and construction demolition waste and rubbish only (also known
as a Type IV area) if the cell or area is located within the disposal
footprint specified in the site development plan or municipal solid
waste landfill (MSWLF) permit;
(2) changes in excavation details for landfills, except
for changes that would:
(A) increase the depth or lateral extent of the disposal
footprint as described in the site development plan or permit; or
(B) increase the disposal capacity of the landfill
facility;
(3) changes to the landfill marker systems (e.g., from
a grid based upon geographic coordinates to a grid based upon survey
coordinates);
(4) an increase in sampling frequency (e.g., for groundwater
and landfill gas monitoring systems);
(5) submittal of a new Soils and Liner Quality Control
Plan (SLQCP) or changes to an existing SLQCP;
(6) changes to existing landfill underdrain or dewatering
systems that maintain or improve effectiveness;
(7) changes to the site layout plan that add or delete
a registered or exempted MSW facility/activity (e.g., a used or scrap
tire collection area, a compost operation, a recycling collection
area, a liquid waste processing facility, a registered transfer station,
a citizens' collection station, a beneficial landfill gas recovery
plant, a brush collection/chipping/mulching area, etc.);
(8) changes in the site layout, other than entry gate
location, that relocate the gatehouse, office or maintenance building
locations, or that add scales to the facility;
(9) changes in the design details for an authorized
solidification basin;
(10) changes in the drainage control plan that alter
internal storm water run-on/run-off control without impacting offsite
drainage or increasing landfill disposal capacity;
(11) the addition of design and operational requirements
in accordance with §330.173 of this title (relating to the Disposal
of Industrial Wastes) for the opening of a dedicated cell or area
that will accept Class 1 nonhazardous industrial waste, provided that
the landfill permit authorizes the acceptance of that waste and that
the dedicated cell or area is located within the disposal footprint
specified in the site development plan or MSWLF permit;
(12) changes in the sequence of landfill development
unless the changes would potentially affect the adjacent property
owners or the community in which case notice in accordance with subsection
(i) of this section would be required;
(13) changes in the perimeter access control system
that do not reduce system effectiveness in controlling access to the
site;
(14) corrections in the metes and bounds description
of the permit or registration boundary that reduce the size of the
facility and that do not result in permit or registration acreage
beyond the original permit or registration boundary;
(15) a change in the facility records storage area
from an onsite to an offsite location;
(16) the addition of a composting refund plan (a plan
containing instructions and procedures to ensure collection of the
composting refund, as cited in Texas Health and Safety Code, §361.0135)
to the site operating plan of an MSWLF;
(17) changes to the Site Development Plan or Site Operating
Plan to provide performance-based standards for personnel or equipment,
or minor corrections to provide consistency within the permit;
(18) installation of a new monitoring well(s) that
replace(s) an existing monitoring well(s) (e.g., landfill gas or groundwater
monitoring well(s)) that has been damaged or rendered inoperable,
with no change to the design or depth of the well(s), or to the monitoring
system design;
(19) changes to an existing leachate collection system
design;
(20) installation of a new landfill gas monitoring
system not required by permit;
(21) changes to an existing landfill gas monitoring
system design that maintain or improve the monitoring system design;
Cont'd... |
