| (a) The executive director may determine on a case-by-case
basis the merits of the following types of variances:
(1) appropriateness of a particular waste classification resulting
from application of the classification criteria; and
(2) other matters requiring special attention by the executive
director.
(b) Factors to be considered in determining whether a variance
should be granted include, but are not limited to, the risk to human health
and the environment that is presented by the requested variance. In addition,
such factors as circumstances which were reasonably unforeseeable and beyond
the reasonable control of the generator (for the type of variance authorized
by subsection (a)(1) of this section); and the results of laboratory analyses
and laboratory quality assurance/quality control information (for the type
of variance authorized by subsection (a)(2) of this section) shall also be
considered. The burden of justifying the need for a variance is on the requestor,
and the requestor must submit information sufficient to clearly indicate the
issues involved, the reason(s) for the request, and both positive and negative
impacts that may result from the granting of the variance. Written documentation
on the description of the waste, the date of initial generation, the description
of the process that generated the waste, and the analytical data on the waste
shall also be submitted with each variance request for a specific waste stream.
Prior approval of the variance must be obtained before any change is authorized.
If a variance request is denied, the executive director shall provide an explanation
of the reasons for the denial in a written response to the requestor.
(c) A person who feels that the executive director has inappropriately
denied a request for variance may appeal that decision. The person shall file
an appeal directly with the executive director requesting a review of the
variance. If the person is not satisfied with the decision of the executive
director, he or she may request an evidentiary hearing to determine the appropriateness
of the variance, by filing a request for hearing with the commission.
|
| Source Note: The provisions of this §335.514 adopted to be effective November 27, 1992, 17 TexReg 8010; amended to be effective February 24, 1994, 19 TexReg 1042; amended to be effective May 30, 1995, 20 TexReg 3722; amended to be effective November 15, 2001, 26 TexReg 9135 |
