The commission will use the following procedures when
determining whether to regulate hazardous waste recycling activities described
in §
335.24(b)(3)
of this title (relating to Requirements for Recyclable Materials and
Nonhazardous Recyclable Materials) under the provisions of §
335.24(d)-(f)
of this title (relating to Requirements for
Recyclable Materials and Nonhazardous Recyclable Materials), rather than under
the provisions governing Recyclable Materials Utilized for Precious Metal
Recovery under Subchapter H of this chapter (relating to Standards for the
Management of Specific Wastes and Specific Types of Facilities).
(1) If a generator is accumulating the waste,
the commission will issue a notice setting forth the factual basis for the
decision and stating that the person must comply with the applicable
requirements of Subchapters A-C of this chapter (relating to Industrial Solid
Waste and Municipal Hazardous Waste Management in General; Hazardous Waste
Management General Provisions; and Standards Applicable to Generators of
Hazardous Waste). The notice will become final within 30 days, unless the
person served requests a public hearing to challenge the decision. Upon
receiving such a request, the commission will hold a public hearing. The
commission will provide notice of the hearing to the public and allow public
participation at the hearing. The commission will issue a final order after the
hearing stating whether or not compliance with Subchapters A-C of this chapter
(relating to Industrial Solid Waste and Municipal Hazardous Waste Management in
General; Hazardous Waste Management General Provisions; and Standards
Applicable to Generators of Hazardous Waste) is required. A person affected by
a final decision or order of the commission may file a petition for judicial
review within 30 days after the decision or order is final and appealable, in
accordance with Chapter 80 of this title (relating to Contested Case Hearings)
and the Texas Administrative Procedure Act, Texas Government Code, Chapter
2001.
(2) If the person is
accumulating the recyclable material at a storage facility, the notice will
state that the person must obtain a permit in accordance with all applicable
provisions of Chapter 305 of this title (relating to Consolidated Permits);
Chapter 1 of this title (relating to Purpose of Rules, General Provisions);
Chapter 3 of this title (relating to Definitions); Chapter 10 of this title
(relating to Commission Meetings); Chapter 20 of this title (relating to
Rulemaking); Chapter 37 of this title (relating to Financial Assurance);
Chapter 39 of this title (relating to Public Notice); Chapter 40 of this title
(relating to Alternative Dispute Resolution Procedures); Chapter 50 of this
title (relating to Action on Applications); Chapter 55 of this title (relating
to Request for Contested Case Hearings); Chapter 70 of this title (relating to
Enforcement); Chapter 80 of this title (relating to Contested Case Hearings);
Chapter 86 of this title (relating to Special Provisions for Contested Case
Hearings); Chapter 261 of this title (relating to Introductory Provisions); and
Chapter 277 of this title (relating to Use Determinations for Tax Exemption for
Pollution Control Property). The owner or operator of the facility must apply
for a permit within no less than 60 days and no more than six months of notice,
as specified in the notice. If the owner or operator of the facility wishes to
challenge the commission's decision, he may do so in his permit application, in
a public hearing held on the draft permit, or in comments filed on the draft
permit or on the notice of intent to deny the permit. The proposal for decision
accompanying the permit will include the reasons for the commission's
determination. The question of whether the commission's decision was proper
will remain open for consideration during the public comment period and in any
subsequent hearing.
Notes
30
Tex. Admin. Code §
335.23
The provisions of
this §335.23 adopted to be effective May 29, 1986, 11 TexReg 2335; amended
to be effective September 1, 1986, 11 TexReg 3692; amended to be effective July
14, 1987, 12 TexReg 2106; amended to be effective November 20, 1996, 21 TexReg
10983; amended to be effective October 19, 1998, 23 TexReg
10878.