(a) An owner or operator of a reclamation facility
or an intermediate facility who wishes to be released from his financial
assurance obligations under 40 Code of Federal Regulations (CFR) §261.4(a)(24)
shall submit a plan for removing all hazardous secondary material
residues to the executive director at least 180 days prior to the
date on which the owner or operator expects to cease to operate under
the exclusion.
(b) The plan shall include, at a minimum:
(1) for each hazardous secondary materials storage
unit subject to financial assurance requirements under 40 CFR §261.4(a)(24),
a description of how all excluded hazardous secondary materials will
be recycled or sent for recycling, and how all residues, contaminated
containment systems (liners, etc.), contaminated soils, subsoils,
structures, and equipment will be removed or decontaminated as necessary
to protect human health and the environment;
(2) a detailed description of the steps necessary to
remove or decontaminate all hazardous secondary material residues
and contaminated containment system components, equipment, structures,
and soils including, but not limited to, procedures for cleaning equipment
and removing contaminated soils, methods for sampling and testing
surrounding soils, and criteria for determining the extent of decontamination
necessary to protect human health and the environment;
(3) a detailed description of any other activities
necessary to protect human health and the environment during this
timeframe, including, but not limited to, leachate collection, run-on
and run-off control; and
(4) a schedule for conducting the activities described
which, at a minimum, includes the total time required to remove all
excluded hazardous secondary materials for recycling and decontaminate
all units subject to financial assurance under 40 CFR §261.4(a)(24)(vi)(F),
and the time required for intervening activities which will allow
tracking of the progress of decontamination.
(c) The executive director will provide the owner or
operator and the public, through a newspaper notice, the opportunity
to submit comments on the plan and request modifications to the plan
no later than 30 days from the date of the notice. The executive director
in response to a request or at his discretion may hold a public meeting
whenever such a public meeting might clarify one or more issues concerning
the plan. The executive director will give public notice of the public
meeting at least 30 days before it occurs. (Public notice of the public
meeting 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 its receipt. If the executive director
does not approve the plan, the executive director 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 for approval 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 plan. The executive
director must assure that the approved plan is consistent with subsection
(b) of this section. A copy of the modified plan with a detailed statement
of reasons for the modifications must be mailed to the owner or operator.
(d) Within 60 days of completion of the activities
described in the plan for each hazardous secondary materials management
unit, the owner or operator must submit to the executive director,
by certified United States mail, a certification that all hazardous
secondary materials have been removed from the unit and the unit has
been decontaminated in accordance with the specifications in the approved
plan. The certification must be signed by the owner or operator and
signed and sealed by a Texas licensed professional engineer. Documentation
supporting the professional engineer's certification must be furnished
to the executive director, upon request, until the executive director
releases the owner or operator from the financial assurance requirements
for 40 CFR §261.4(a)(24).
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