30 Tex. Admin. Code § 335.2 - Permit Required
(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.
(j) Upon receipt of the federal Hazardous and
Solid Waste Act (HSWA) authorization for the commission's Hazardous Waste
Program, the commission shall be authorized to enforce the provisions that the
EPA imposed in hazardous waste permits that were issued before the HSWA
authorization was granted.
(k) Any
person who intends to conduct an activity under subsection (d) of this section
shall comply with the notification requirements of §
335.6
of this title.
(l) No permit shall
be required for the management of universal wastes by universal waste handlers
or universal waste transporters, in accordance with the definitions and
requirements of Subchapter H, Division 5 of this chapter (relating to Universal
Waste Rule).
(m) At the discretion
of the commission, an owner or operator may obtain a post-closure order in lieu
of a post-closure permit for interim status units, a corrective action
management unit unless authorized by a permit, or alternative corrective action
requirements for contamination commingled from RCRA and solid waste management
units. The post-closure order must address the facility-wide corrective action
requirements of §
335.167
of this title (relating to Corrective Action for Solid Waste Management Units)
and groundwater monitoring requirements of §
335.156
of this title (relating to Applicability of Groundwater Monitoring and
Response).
(n) Except as provided
in subsection (d)(9) of this section, owners or operators of commercial
industrial solid waste facilities that receive industrial solid waste for
discharge to a publicly owned treatment works are required to obtain a permit
under this subchapter. By June 1, 2006, owners or operators of existing
commercial industrial solid waste facilities that receive industrial solid
waste for discharge to a publicly owned treatment works must have a permit
issued under this subchapter or obtain a general permit issued under Chapter
205 of this title (relating to General Permits for Waste Discharges) to
continue operating. A general permit issued under Chapter 205 of this title
will authorize operations until a final decision is made on the application for
an individual permit or 15 months, whichever is earlier. The general permit
shall authorize operations for a maximum period of 15 months except that
authorization may be extended on an individual basis in one-year increments at
the discretion of the executive director. Should an application for a general
permit issued under Chapter 205 of this title be submitted, the applicant shall
also submit to the commission, by June 1, 2006, the appropriate information to
demonstrate compliance with financial assurance requirements for closure of
industrial solid waste facilities in accordance with Chapter 37, Subchapter P
of this title (relating to Financial Assurance for Hazardous and Nonhazardous
Industrial Solid Waste Facilities). Owners or operators of commercial
industrial solid waste facilities that receive industrial solid waste for
discharge to a publicly owned treatment works operating under a general permit
issued under Chapter 205 of this title shall submit an application for a permit
issued under this subchapter prior to September 1, 2006.
(o) Treatment, storage, and disposal
facilities that are otherwise subject to permitting under RCRA and that meet
the criteria in paragraphs (1) or paragraph (2) of this subsection, may be
eligible for a standard permit under Subchapter U of this chapter (relating to
Standards for Owners and Operators of Hazardous Waste Facilities Operating
Under a Standard Permit) if they satisfy one of the two following criteria:
(1) facility generates hazardous waste and
then non-thermally treats and/or stores hazardous waste on-site; or
(2) facility receives hazardous waste
generated off-site by a generator under the same ownership as the receiving
facility.
(p) No permit
under this chapter shall be required for a reverse distributor accumulating
potentially creditable hazardous waste pharmaceuticals and evaluated hazardous
waste pharmaceuticals, as defined in § 335.751 of this title (relating to
Definitions) in compliance with Subchapter W of this chapter (relating to
Management Standards for Hazardous Waste Pharmaceuticals). Reverse distributors
accumulating potentially creditable hazardous waste pharmaceuticals and
evaluated hazardous waste pharmaceuticals in compliance with Subchapter W of
this chapter shall notify the executive director in accordance with §
335.6
of this title.
Notes
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