| (a) Except as provided by §330.13 of the title
(relating to Waste Management Activities Exempt from Permitting, Registration,
or Notification) and recycling facilities that notify in accordance
with §328.5 of this title (relating to Reporting and Recordkeeping
Requirements), a person that intends to store, process, or dispose
of municipal solid waste (MSW) without a permit as authorized by §330.7
of this title (relating to Permit Required), registration as authorized
by §330.9 of this title (relating to Registration Required),
or §330.25 of this title (relating to Relationship with County
Licensing System), shall notify the executive director, and any local
pollution agency with jurisdiction that has requested to be notified,
in writing, that storage, processing, or disposal activities are planned,
at least 90 days prior to engaging in these activities, except for
recycling and other activities as may be specifically exempted. Additional
information may be requested to enable the executive director to determine
whether such storage, processing, or disposal is in compliance with
the terms of this chapter. This information may include, but is not
limited to, type of waste, waste management methods, facility engineering
plans and specifications, and the geology and hydrogeology at the
facility. Any information provided under this subsection shall be
submitted to the executive director in duplicate with one copy sent
directly to the Texas Commission on Environmental Quality (TCEQ) regional
office. A person shall include a statement justifying the facility's
eligibility for a notification as established under this section.
(b) Any person that stores, processes, or disposes
of MSW shall have the continuing obligation to provide prompt written
notice to the executive director of any changes or additional information
concerning waste type, waste management methods, facility engineering
plans and specifications, and geology and hydrogeology at the facility
additional to that reported in subsection (a) of this section, authorized
in any permit or registration, or stated in any application filed
with the executive director. Any information provided under this subsection
shall be submitted to the executive director in duplicate form with
copies sent directly to the TCEQ's regional office and any local pollution
agency with jurisdiction that has requested to be notified.
(c) A person that stores, processes, or disposes of
MSW shall notify the executive director, and any local pollution agency
with jurisdiction that has requested to be notified, in writing of
any closure activity or activity of facility expansion not authorized
by permit or registration, at least 90 days prior to conducting this
activity. The executive director may request additional information
to determine whether such activity is in compliance with this chapter.
Any information provided under this subsection shall be submitted
to the executive director in duplicate form.
(d) A notification is required for the storage or processing
of the following types of MSW: grease trap wastes; grit trap wastes;
or septage that contains free liquids if the waste is treated/processed
at a permitted Type I MSW facility.
(e) A notification is required for the following facilities
or locations:
(1) a citizens' collection station;
(2) a collection and processing point for only nonputrescible
source-separated recyclable material, provided that the facility is
in compliance with §§328.3 - 328.5 of this title (relating
to General Requirements; Limitations on Storage of Recyclable Materials;
and Reporting and Recordkeeping Requirements);
(3) a facility to treat petroleum-contaminated soil
if the contaminated soil is treated/processed at a permitted Type
I MSW facility;
(4) an MSW transfer station in existence prior to the
comprehensive rule revisions in this chapter as adopted in 2006 (2006
Revisions) that is used only in the transfer of grease trap waste,
grit trap waste, septage, or other similar liquid waste if the facility
used in the transfer will receive 32,000 gallons per day or less.
These liquid waste transfer stations must be designed and operated
in accordance with the requirements of Subchapter E of this chapter
(relating to Operational Standards for Municipal Solid Waste Storage
and Processing Units);
(5) a temporary storage facility regulated under §312.147
of this title (relating to Temporary Storage) that stores 8,000 gallons
or less for a period of four days or less in containers. This facility
is not required to follow the requirements of Subchapter E of this
chapter;
(6) a liquid waste transfer facility in existence prior
to the effective date of the 2006 Revisions located on or at other
commission authorized facilities if the facility is designed and operated
in accordance with the requirements of Subchapter E of this chapter;
or
(7) a pet cemetery. A person that intends to operate
a pet cemetery shall comply with the requirements of §330.19
of this title (relating to Deed Recordation) and shall ensure that
the animal carcasses are covered with at least two feet of soil within
a time period that will prevent the generation of nuisance odors or
health risks. A pet cemetery is a facility used only for the burial
of domesticated animals kept as pets and service animals such as seeing-eye
dogs. Animals raised for meat production or used only for animal husbandry
may not be disposed of in a pet cemetery authorized under this subsection.
(f) An operator is required to notify the commission
of the intended operation of a low-volume transfer station subject
to the following conditions.
(1) The operator must own or otherwise effectively
control the facility.
(2) Prior to notification, the operator must coordinate
with the county authority to ensure compliance with all appropriate
ordinances.
(3) The operator must notify the adjacent landowners,
by first-class mail, concurrent with commission notification.
(4) Collected waste shall be sent off-site to an authorized
facility at least weekly.
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