Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter A - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE IN GENERAL › Section 335.2 - Permit Required

Current through Reg. 49, No. 28; July 12, 2024
(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.