| (a) The owner or operator of a facility seeking a permit or post-closure order for the processing, storage, or disposal of hazardous waste must institute corrective action as necessary to protect human health and the environment for all releases of hazardous waste or constituents from any solid waste management unit at the facility, regardless of the time at which waste was placed in such unit. (b) Corrective action at a permitted facility will be specified in the compliance plan under §305.401 of this title (relating to Compliance Plan) and in accordance with this section, 40 Code of Federal Regulations (CFR) Part 264, Subpart S, and §335.152 of this title (relating to Standards). The plan will contain schedules of compliance for such corrective action where such corrective action cannot be completed prior to issuance of the permit or plan. Financial assurance for such corrective action shall be established and maintained in accordance with Chapter 37, Subchapter P of this title (relating to Financial Assurance for Hazardous and Nonhazardous Industrial Solid Waste Facilities) in an amount acceptable to the executive director. (c) Corrective action at a facility under a post-closure order will be specified in the facility's post- closure order in accordance with this section, 40 CFR Part 264, Subpart S, and §335.152 of this title. The post-closure order will contain schedules of compliance for such corrective action where such corrective action cannot be completed prior to issuance of the post-closure order. Financial assurance for such corrective action shall be established and maintained in accordance with Chapter 37, Subchapter P of this title in an amount acceptable to the executive director. (d) The owner or operator must implement corrective actions beyond the facility boundary, where necessary to protect human health and the environment, unless the owner or operator demonstrates to the satisfaction of the executive director that, despite the owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake such action. The owner/operator is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address such releases will be determined on a case-by-case basis. Financial assurance for such corrective action shall be established and maintained in accordance with Chapter 37, Subchapter P of this title, in an amount acceptable to the executive director. |
| Source Note: The provisions of this §335.167 adopted to be effective May 28, 1986, 11 TexReg 2347; amended to be effective November 23, 1993, 18 TexReg 8218; amended to be effective February 22, 1994, 19 TexReg 969; amended to be effective March 21, 2000, 25 TexReg 2394; amended to be effective January 30, 2003, 28 TexReg 715 |
