30 Tex. Admin. Code § 305.125 - Standard Permit Conditions
Conditions applicable to all permits issued under this
chapter, and which shall be incorporated into each
(1) The permittee has a duty to comply with
all permit conditions. Failure to comply with any permit condition is a
violation of the permit and statutes under which it was issued and is grounds
for enforcement action , for permit amendment, revocation or suspension, or for
denial of a permit renewal application or an application for a permit for
another facility .
(2) The permittee
must apply for an amendment or renewal before the expiration of the existing
permit in order to continue a permitted activity after the expiration date of
the permit . Authorization to continue such activity terminates upon the
effective denial of said application .
(3) It is not a defense for a permittee in an
enforcement action that it would have been necessary to halt or reduce the
permitted activity to maintain compliance with the permit conditions.
(4) The permittee shall take all reasonable
steps to minimize or prevent any discharge or sludge use or disposal or other
permit violation which has a reasonable likelihood of adversely affecting human
health or the environment.
(5) The
permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) installed or used
by the permittee to achieve compliance with the permit conditions. For
Underground Injection Control permits proper operation and maintenance includes
effective performance, adequate funding, adequate operator staffing and
training, and adequate laboratory and process controls, including appropriate
quality assurance procedures. This provision requires the operation of back-up
or auxiliary facilities or similar systems only when necessary to achieve
compliance with the permit conditions.
(6) The permittee shall furnish to the
executive director, upon request and within a reasonable time, any information
to determine whether cause exists for amending, revoking, suspending, or
terminating the permit , and copies of records required to be kept by the
permit .
(7) The permittee shall
give notice to the executive director before physical alterations or additions
to the permitted facility if such alterations or additions would require a
permit amendment or result in a violation of permit requirements.
(8) Authorization from the commission is
required before beginning any change in the permitted facility or activity that
would result in noncompliance with other permit requirements.
(9) The permittee shall report any
noncompliance to the executive director which may endanger human health or
safety, or the environment.
(A) Such
information shall be provided orally within 24 hours from the time the
permittee becomes aware of the noncompliance. A written submission shall also
be provided within five days of the time the permittee becomes aware of the
noncompliance. The written submission shall contain a description of the
noncompliance and its cause; the potential danger to human health or safety, or
the environment; the period of noncompliance, including exact dates and times;
if the noncompliance has not been corrected, the time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent
recurrence of the noncompliance, and to mitigate its adverse effects.
(B) The following must be reported within 24
hours under this paragraph:
(i) any
unanticipated bypass which exceeds any effluent limitation in a Texas Pollutant
Discharge Elimination System permit ; and
(ii) violation of a maximum daily discharge
limitation for any pollutants listed in a Texas Pollutant Discharge Elimination
System permit to be reported within 24 hours.
(C) Holders of radioactive material licenses
issued under Chapter 336 of this title (relating to Radioactive Substance
Rules) shall report noncompliances/incidents to the executive director
according to the requirements of §
336.335
of this title (relating to Reporting Requirements for Incidents).
(10) Inspection and entry shall be
allowed under Texas Water Code, Chapters 26 - 28 and 32, Texas Health and
Safety Code, §§
361.032,
361.033,
361.037,
and
401.063,
and 40 Code of Federal Regulations (CFR) §122.41(i). The statement in Texas
Water Code, §
26.014,
that commission entry of a facility shall occur in accordance with an
establishment's rules and regulations concerning safety, internal security, and
fire protection is not grounds for denial or restriction of entry to any part
of the facility , but merely describes the commission 's duty to observe
appropriate rules and regulations during an inspection.
(11) Monitoring and reporting requirements
are as follows.
(A) Monitoring samples and
measurements shall be taken at times and in a manner so as to be representative
of the monitored activity.
(B)
Except as otherwise required by Chapter 336 of this title or for records of
monitoring information required by a permit related to the permittee's sewage
sludge use and disposal activities, which shall be retained for a period of at
least five years (or longer as required by 40 CFR Part 503), monitoring and
reporting records, including strip charts and records of calibration and
maintenance, copies of all records required by the permit , records of all data
used to complete the application for this permit , and the certification
required by
40 CFR
§264.73(b)(9) shall be
retained at the facility site for a period of three years from the date of the
record or sample, measurement, report, application , or certification. This
period shall be extended at the request of the executive director.
(C) Records of monitoring activities shall
include:
(i) date, time, and place of sample
or measurement;
(ii) identity of
individual who collected the sample or made the measurement;
(iii) date of analysis;
(iv) identity of the individual and
laboratory who performed the analysis;
(v) the technique or method of analysis;
and
(vi) the results of the
analysis or measurement.
(12) Any noncompliance other than that
specified in this section, or any required information not submitted or
submitted incorrectly shall be reported to the executive director as promptly
as possible.
(13) A permit may be
transferred only according to the provisions of §
305.64 of
this title (relating to Transfer of Permits).
(14) All reports and other information
requested by the executive director shall be signed by the person and in the
manner required by §
305.128 of
this title (relating to Signatories to Reports).
(15) A permit may be amended, suspended and
reissued, or revoked for cause. The filing of a request by the permittee for a
permit amendment, suspension and reissuance, or termination, or a notification
of planned changes or anticipated noncompliance, does not stay any permit
condition.
(16) A permit does not
convey any property rights of any sort, or any exclusive privilege.
(17) Monitoring results shall be provided at
the intervals specified in the permit .
(18) Reports of compliance or noncompliance
with, or any progress reports on, interim and final requirements contained in
any compliance schedule of the permit shall be submitted no later than 14 days
following each schedule date.
(19)
Where the permittee becomes aware that it failed to submit any relevant facts
in a permit application , or submitted incorrect information in an application ,
or in any report to the executive director, it shall promptly submit such facts
or information.
(20) The permittee
is subject to administrative, civil, and criminal penalties, as applicable,
under Texas Water Code, §§ 26.136, 26.212, and 26.213 for violations including,
but not limited to, the following:
(A)
negligently or knowingly violating Clean Water Act (CWA ), §§301, 302, 306, 307,
308, 318, or 405, or any condition or limitation implementing any sections in a
permit issued under CWA , §402, or any requirement imposed in a pretreatment
program approved under CWA , §402(a)(3) or (b)(8);
(B) falsifying, tampering with, or knowingly
rendering inaccurate any monitoring device or method required to be maintained
under a permit ; or
(C) knowingly
making any false statement, representation, or certification in any record or
other document submitted or required to be maintained under a permit , including
monitoring reports or reports of compliance or noncompliance.
(21) For hazardous waste
management facility permits, the executive director may require the permittee
to establish and maintain an information repository at any time, based on the
factors set forth in
40 CFR
§124.33(b), as amended
December 11, 1995, in the Federal Register (60 FR 63417). The
information repository will be governed by the provisions in
40 CFR
§124.33(c) - (f), as amended
December 11, 1995, in the Federal Register (60 FR
63417).
(22) Notice of bankruptcy.
(A) Each permittee shall notify the executive
director, in writing, immediately following the filing of a voluntary or
involuntary petition for bankruptcy under any chapter of Title 11 (Bankruptcy)
of the United States Code (11 USC) by or against:
(i) the permittee;
(ii) an entity (as that term is defined in
11
USC, §101(14)) controlling
the permittee or listing the permit or permittee as property of the estate;
or
(iii) an affiliate (as that term
is defined in
11
USC, §101(2)) of the
permittee.
(B) This
notification must indicate:
(i) the name of
the permittee;
(ii) the permit
number(s);
(iii) the bankruptcy
court in which the petition for bankruptcy was filed; and
(iv) the date of filing of the
petition.
Notes
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