| (a) Except with regard to storage, processing, or disposal
to which subsections (c) - (h) of this section apply, and as provided
in §335.45(b) of this title (relating to Effect on Existing Facilities),
and in accordance with the requirements of §335.24 of this title
(relating to Requirements for Recyclable Materials and Nonhazardous
Recyclable Materials) and §335.25 of this title (relating to
Handling, Storing, Processing, Transporting, and Disposing of Poultry
Carcasses), and as provided in §332.4 of this title (relating
to General Requirements), no person may cause, suffer, allow, or permit
any activity of storage, processing, or disposal of any industrial
solid waste or municipal hazardous waste unless such activity is authorized
by a permit, amended permit, or other authorization from the Texas
Commission on Environmental Quality (commission) or its predecessor
agencies, the Texas Department of State Health Services (DSHS), or
other valid authorization from a Texas state agency. No person may
commence physical construction of a new hazardous waste management
facility without first having submitted Part A and Part B of the permit
application and received a finally effective permit.
(b) In accordance with the requirements of subsection
(a) of this section, no generator, transporter, owner or operator
of a facility, or any other person may cause, suffer, allow, or permit
its wastes to be stored, processed, or disposed of at an unauthorized
facility or in violation of a permit. In the event this requirement
is violated, the executive director will seek recourse against not
only the person who stored, processed, or disposed of the waste, but
also against the generator, transporter, owner or operator, or other
person who caused, suffered, allowed, or permitted its waste to be
stored, processed, or disposed.
(c) Any owner or operator of a solid waste management
facility that is in existence on the effective date of a statutory
or regulatory change that subjects the owner or operator to a requirement
to obtain a hazardous waste permit who has filed a hazardous waste
permit application with the commission in accordance with the rules
and regulations of the commission, may continue the storage, processing,
or disposal of hazardous waste until such time as the commission approves
or denies the application, or, if the owner or operator becomes subject
to a requirement to obtain a hazardous waste permit after November
8, 1984, except as provided by the United States Environmental Protection
Agency (EPA) or commission rules relative to termination of interim
status. If a solid waste facility which has become a commercial hazardous
waste management facility as a result of the federal toxicity characteristic
rule effective September 25, 1990, and is required to obtain a hazardous
waste permit, such facility that qualifies for interim status is limited
to those activities that qualify it for interim status until the facility
obtains the hazardous waste permit. Owners or operators of municipal
hazardous waste facilities that satisfied this requirement by filing
an application on or before November 19, 1980, with the EPA are not
required to submit a separate application with the DSHS. Applications
filed under this section shall meet the requirements of §335.44
of this title (relating to Application for Existing On-Site Facilities).
Owners and operators of solid waste management facilities that are
in existence on the effective date of statutory or regulatory amendments
under the Texas Solid Waste Disposal Act (Vernon's Supplement 1991),
Texas Civil Statutes, Article 4477-7, or the Resource Conservation
and Recovery Act (RCRA), 42 United States Code, §§6901 et seq., that render the facilities subject
to the requirement to obtain a hazardous waste permit, may continue
to operate if Part A of their permit application is submitted no later
than six months after the date of publication of regulations by the
EPA under RCRA, which first require them to comply with the standards
in Subchapter E of this chapter (relating to Interim Standards for
Owners and Operators of Hazardous Waste Treatment, Storage, or Disposal
Facilities), or Subchapter H of this chapter (relating to Standards
for the Management of Specific Wastes and Specific Types of Facilities);
or 30 days after the date they first become subject to the standards
in these subchapters, whichever first occur; or for generators who
generate greater than 100 kilograms but less than 1,000 kilograms
of hazardous waste in a calendar month and who process, store, or
dispose of these wastes on-site, a Part A permit application shall
be submitted to the EPA by March 24, 1987, as required by 40 Code
of Federal Regulations (CFR) §270.10(e)(1)(iii). This subsection
shall not apply to a facility if it has been previously denied a hazardous
waste permit or if authority to operate the facility has been previously
terminated. Applications filed under this section shall meet the requirements
of §335.44 of this title. For purposes of this subsection, a
solid waste management facility is in existence if the owner or operator
has obtained all necessary federal, state, and local preconstruction
approvals or permits, as required by applicable federal, state, and
local hazardous waste control statutes, regulations, or ordinances;
and either:
(1) a continuous physical, on-site construction program
has begun; or
(2) the owner or operator has entered into contractual
obligations, which cannot be cancelled or modified without substantial
loss, for construction of the facility to be completed within a reasonable
time.
(d) No permit shall be required for:
(1) the processing or disposal of nonhazardous industrial
solid waste, if the waste is processed or disposed on property owned
or otherwise effectively controlled by the owner or operator of the
industrial plant, manufacturing plant, mining operation, or agricultural
operation from which the waste results or is produced; the property
is within 50 miles of the plant or operation; and the waste is not
commingled with waste from any other source or sources (An industrial
plant, manufacturing plant, mining operation, or agricultural operation
owned by one person shall not be considered an "other source" with
respect to other plants and operations owned by the same person.);
(2) the storage of nonhazardous industrial solid waste,
if the waste is stored on property owned or otherwise effectively
controlled by the owner or operator of the industrial plant, manufacturing
plant, mining operation, or agricultural operation from which the
waste results or is produced, and the waste is not commingled with
waste from any other source or sources (An industrial plant, manufacturing
plant, mining operation, or agricultural operation owned by one person
shall not be considered an "other source" with respect to other plants
and operations owned by the same person.);
(3) the storage or processing of nonhazardous industrial
solid waste, if the waste is processed in an elementary neutralization
unit;
(4) the collection, storage, or processing of nonhazardous
industrial solid waste, if the waste is collected, stored, or processed
as part of a treatability study;
(5) the storage of nonhazardous industrial solid waste,
if the waste is stored in a transfer facility in containers for a
period of ten days or less, unless the executive director determines
that a permit should be required in order to protect human health
and the environment;
(6) the storage or processing of nonhazardous industrial
solid waste, if the waste is processed in a publicly owned treatment
works with discharges subject to regulation under the federal Clean
Waste Act, §402, as amended through October 4, 1996, if the owner
or operator has a National Pollutant Discharge Elimination System
permit and complies with the conditions of the permit;
(7) the storage or processing of nonhazardous industrial
solid waste, if the waste is stored or processed in a wastewater unit
and is discharged in accordance with a Texas Pollutant Discharge Elimination
System authorization issued under Texas Water Code, Chapter 26;
(8) the storage or processing of nonhazardous industrial
solid waste, if the waste is stored or processed in a wastewater treatment
unit that discharges to a publicly owned treatment works and the units
are located at a noncommercial solid waste management facility; or
(9) the storage or processing of nonhazardous industrial
solid waste, if the waste is processed in a wastewater treatment unit
that discharges to a publicly owned treatment works liquid wastes
that are incidental to the handling, processing, storage, or disposal
of solid wastes at municipal solid waste facilities or commercial
industrial solid waste landfill facilities.
(e) No permit shall be required for the on-site storage
of hazardous waste by a person who meets the conditions for exemption
for a very small quantity generator in 40 CFR §262.14 as adopted
under §335.53 of this title (relating to General Standards Applicable
to Generators of Hazardous Waste).
(f) No permit under this chapter shall be required
for the storage, processing, or disposal of hazardous waste by a person
described in §335.41(b) - (d) of this title (relating to Purpose,
Scope, and Applicability) or for the storage of hazardous waste under
the provisions of 40 CFR §261.4(c) and (d) as adopted under §335.504
of this title (relating to Hazardous Waste Determination).
(g) No permit under this chapter shall be required
for the storage, processing, or disposal of hazardous industrial waste
or municipal hazardous waste that is generated or collected for the
purpose of conducting treatability studies. Such samples are subject
to the requirements in 40 CFR §261.4(e) and (f) as adopted under §335.504
of this title.
(h) A person may obtain authorization from the executive
director for the storage, processing, or disposal of nonhazardous
industrial solid waste in an interim status landfill that has qualified
for interim status in accordance with 40 CFR Part 270, Subpart G,
and that has complied with the standards in Subchapter E of this chapter,
by complying with the notification and information requirements in §335.6
of this title (relating to Notification Requirements). The executive
director may approve or deny the request for authorization or grant
the request for authorization subject to conditions, which may include,
without limitation, public notice and technical requirements. A request
for authorization for the disposal of nonhazardous industrial solid
waste under this subsection shall not be approved unless the executive
director determines that the subject facility is suitable for disposal
of such waste at the facility as requested. At a minimum, a determination
of suitability by the executive director must include approval by
the executive director of construction of a hazardous waste landfill
meeting the design requirements of 40 CFR §265.301(a). In accordance
with §335.6 of this title, such person shall not engage in the
requested activities if denied by the executive director or unless
90 days' notice has been provided and the executive director approves
the request except where express executive director approval has been
obtained prior to the expiration of the 90 days. Authorization may
not be obtained under this subsection for:
(1) nonhazardous industrial solid waste, the storage,
processing, or disposal of which is expressly prohibited under an
existing permit or site development plan applicable to the facility
or a portion of the facility;
(2) polychlorinated biphenyl compounds wastes subject
to regulation by 40 CFR Part 761;
(3) explosives and shock-sensitive materials;
(4) pyrophorics;
(5) infectious materials;
(6) liquid organic peroxides;
(7) radioactive or nuclear waste materials, receipt
of which will require a license from the DSHS or the commission or
any other successor agency; and
(8) friable asbestos waste unless authorization is
obtained in compliance with the procedures established under §330.171(c)(3)(B)
- (E) of this title (relating to Disposal of Special Wastes). Authorizations
obtained under this subsection shall be effective during the pendency
of the interim status and shall cease upon the termination of interim
status, final administrative disposition of the subject permit application,
failure of the facility to operate the facility in compliance with
the standards set forth in Subchapter E of this chapter, or as otherwise
provided by law.
(i) Owners or operators of hazardous waste management
units must have permits during the active life (including the closure
period) of the unit. Owners or operators of surface impoundments,
landfills, land treatment units, and waste pile units that received
wastes after July 26, 1982, or that certified closure (according to
40 CFR §265.115) after January 26, 1983, must have post-closure
permits, unless they demonstrate closure by removal or decontamination
as provided under 40 CFR §270.1(c)(5) and (6), or obtain an order
in lieu of a post-closure permit, as provided in subsection (m) of
this section. If a post-closure permit is required, the permit must
address applicable provisions of 40 CFR Part 264, and Subchapter F
of this chapter (relating to Permitting Standards for Owners and Operators
of Hazardous Waste Treatment, Storage, or Disposal Facilities) provisions
concerning groundwater monitoring, unsaturated zone monitoring, corrective
action, and post-closure care requirements. The denial of a permit
for the active life of a hazardous waste management facility or unit
does not affect the requirement to obtain a post-closure permit under
this section.
Cont'd... |
