reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter A - GENERAL PROVISIONS › Section 305.1 - Scope and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  provisions of this chapter set the standards and requirements for applications,
				  permits, and actions by the commission to carry out the responsibilities for
				  management of waste disposal activities under Texas Water Code, Chapters 26 -
				  28 and 32, and Texas Health and Safety Code, Chapters 361 and 401.
(b) The national pollutant discharge
				  elimination system (NPDES) program, as delegated to the State of Texas,
				  requires permits for the discharge of pollutants from any point source to
				  waters in the state. Such permits are designated as Texas pollutant discharge
				  elimination system (TPDES). The terms "NPDES," "pollutant," "point source," and
				  "waters in the state" are defined in Texas Water Code, §
										26.001.
(1) The following are point sources requiring
				  TPDES permits for discharges:
(A)
				  concentrated animal feeding operations as defined in Chapter 321, Subchapter B
				  of this title (relating to Concentrated Animal Feeding Operations);
(B) concentrated aquatic animal production
				  facilities as defined in 40 Code of Federal Regulations (CFR)
				  §122.24;
(C) discharges into
				  aquaculture projects as set forth in
				  40
				  CFR §122.25;
(D) discharges from separate storm sewers as
				  set forth in
				  40
				  CFR §122.26; and
(E) silvicultural point sources as defined in
				  40
				  CFR §122.27.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter A - GENERAL PROVISIONS › Section 305.3 - Abbreviations

Current through Reg. 49, No. 28; July 12, 2024
The following abbreviations, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) CFR--Code of Federal
				  Regulations.
(2) CWA--Clean Water
				  Act.
(3) DMR--Discharge monitoring
				  report.
(4) EPA--United States
				  Environmental Protection Agency.
(5) NPDES--National pollutant discharge
				  elimination system.
(6)
				  POTW--Publicly owned treatment works.
(7) TPDES--Texas pollutant discharge
				  elimination system.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter B - EMERGENCY ORDERS, TEMPORARY ORDERS, AND EXECUTIVE DIRECTOR AUTHORIZATIONS › Section 305.21 - Emergency Orders and Temporary Orders Authorized

Current through Reg. 49, No. 28; July 12, 2024
The commission or executive director may issue emergency
					 orders, or the commission may issue temporary orders, relating to the discharge
					 of waste or pollutants into or adjacent to any water in the state under Texas
					 Water Code, §
										5.509,
					 and Chapter 35 of this title (relating to Emergency and Temporary Orders and
					 Permits; Temporary Suspension or Amendment of Permit
					 Conditions).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter B - EMERGENCY ORDERS, TEMPORARY ORDERS, AND EXECUTIVE DIRECTOR AUTHORIZATIONS › Section 305.29 - Emergency Orders for Solid Waste Activities

Current through Reg. 49, No. 28; July 12, 2024
The commission or executive director may issue a mandatory
					 or prohibitory emergency order regarding any activity of solid waste management
					 within its jurisdiction under Texas Water Code, §
										5.512
					 and Chapter 35 of this title (relating to Emergency and Temporary Orders and
					 Permits; Temporary Suspension or Amendment of Permit
					 Conditions).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter B - EMERGENCY ORDERS, TEMPORARY ORDERS, AND EXECUTIVE DIRECTOR AUTHORIZATIONS › Section 305.30 - Emergency Actions Concerning Hazardous Waste

Current through Reg. 49, No. 28; July 12, 2024
The commission or executive director may issue an emergency
					 administrative order relating to hazardous waste under Texas Water Code, §
										5.512
					 and Chapter 35 of this title (relating to Emergency and Temporary Orders and
					 Permits; Temporary Suspension or Amendment of Permit
					 Conditions).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter B - EMERGENCY ORDERS, TEMPORARY ORDERS, AND EXECUTIVE DIRECTOR AUTHORIZATIONS › Section 305.31 - Emergency Orders Relating to Radioactive Substances

Current through Reg. 49, No. 28; July 12, 2024
When an emergency exists as a result of a matter under the
					 commission's jurisdiction that requires immediate action to protect the public
					 health or safety or the environment, the commission or executive director may
					 issue an order under Texas Water Code, §
										5.516,
					 Texas Health and Safety Code, §
										401.056, and
					 Chapter 35 of this title (relating to Emergency and Temporary Orders and
					 Permits; Temporary Suspension or Amendment of Permit Conditions) stating the
					 existence of the emergency and requiring that actions be taken to meet the
					 emergency.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter C - APPLICATION FOR PERMIT OR POST-CLOSURE ORDER › Section 305.41 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
The sections of this subchapter apply to permit
					 applications required to be filed with the commission for authorization under
					 Texas Water Code (TWC), Chapters 26 - 28 and 32, and Texas Health and Safety
					 Code (THSC), Chapters 361 and 401. The sections of this subchapter also apply
					 to post-closure orders issued under the authority of THSC, §361.082 and
					 TWC, §7.031.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter C - APPLICATION FOR PERMIT OR POST-CLOSURE ORDER › Section 305.43 - Who Applies

Current through Reg. 49, No. 28; July 12, 2024
(a) It is the duty
				  of the owner of a facility to submit an application for a permit or a
				  post-closure order. However, if the facility is owned by one person and
				  operated by another and the executive director determines that special
				  circumstances exist where the operator or the operator and the owner should
				  both apply for a permit or a post-closure order, and for all Texas Pollutant
				  Discharge Elimination System permits, it is the duty of the operator and the
				  owner to submit an application for a permit.
(b) For industrial solid waste and hazardous
				  waste permit applications, it is the duty of the owner of a facility to submit
				  an application for a permit or a post-closure order, unless a facility is owned
				  by one person and operated by another, in which case it is the duty of the
				  operator to submit an application for a permit or a post-closure
				  order.
(c) For municipal solid
				  waste applications, it is the duty of the owner of a facility to submit an
				  application for a permit, amendment, or modification. However, if a facility is
				  owned by one person and operated by another, the owner may authorize, in
				  writing, the operator to submit applications for a permit, amendment, or
				  modification. For a new facility, the operator may submit an application for a
				  permit with the written consent of the owner(s) of the land upon which the
				  facility is to be located.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter C - APPLICATION FOR PERMIT OR POST-CLOSURE ORDER › Section 305.44 - Signatories to Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  applications shall be signed as follows.
(1)
				  For a corporation, the application shall be signed by a responsible corporate
				  officer. For purposes of this paragraph, a responsible corporate officer means
				  a president, secretary, treasurer, or vice-president of the corporation in
				  charge of a principal business function, or any other person who performs
				  similar policy or decision-making functions for the corporation; or the manager
				  of one or more manufacturing, production, or operating facilities employing
				  more than 250 persons or having gross annual sales or expenditures exceeding
				  $25 million (in second-quarter 1980 dollars), if authority to sign documents
				  has been assigned or delegated to the manager in accordance with corporate
				  procedures. Corporate procedures governing authority to sign permit or
				  post-closure order applications may provide for assignment or delegation to
				  applicable corporate positions rather than to specific individuals.
(2) For a partnership or sole proprietorship,
				  the application shall be signed by a general partner or the proprietor,
				  respectively.
(3) For a
				  municipality, state, federal, or other public agency, the application shall be
				  signed by either a principal executive officer or a ranking elected official.
				  For purposes of this paragraph, a principal executive officer of a federal
				  agency includes the chief executive officer of the agency, or a senior
				  executive officer having responsibility for the overall operations of a
				  principal geographic unit of the agency (e.g., regional administrator of the
				  EPA).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter C - APPLICATION FOR PERMIT OR POST-CLOSURE ORDER › Section 305.47 - Retention of Application Data

Current through Reg. 49, No. 28; July 12, 2024
A permittee or a recipient of a post-closure order shall
					 keep records, throughout the term of the permit or order, of data used to
					 complete the final application and any supplemental
					 information.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter C - APPLICATION FOR PERMIT OR POST-CLOSURE ORDER › Section 305.48 - Additional Contents of Applications for Wastewater Discharge Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  shall be included in an application for a wastewater discharge permit.
(1) The original and one copy of the permit
				  application shall be submitted on forms provided by or approved by the
				  executive director, and shall be accompanied by a like number of copies of all
				  technical supplements and attachments.
(2) If the application is for the disposal of
				  any waste into or adjacent to a watercourse, the application shall show the
				  ownership of the tracts of land adjacent to the treatment facility and for a
				  reasonable distance along the watercourse from the proposed point of discharge.
				  The applicant shall list on a map, or in a separate sheet attached to a map,
				  the names and addresses of the owners of such tracts of land as can be
				  determined from the current county tax rolls or other reliable sources. The
				  application shall state the source of the information. This subsection does not
				  apply to:
(A) an application to renew a
				  permit; and
(B) an application for
				  a new Texas Pollutant Discharge Elimination System (TPDES) permit for a
				  discharge authorized by existing state permit issued before September 14, 1998
				  for which the application does not propose any term or condition that would
				  constitute a major amendment to the state permit under §
												305.62 of
				  this title (relating to Amendment).
(3) The applicant shall submit any other
				  information reasonably required by the executive director to ascertain whether
				  the facility will be constructed and operated in compliance with all pertinent
				  state and federal statutes, including, but not limited to, the following:
(A) the operator's name, address, and
				  telephone number;
(B) whether the
				  facility is located on Indian lands;
(C) up to four Standard Industrial
				  Classification (SIC) codes and North American Industry Classification System
				  (NAICS) codes which best reflect the principal products or services provided by
				  the facility.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter C - APPLICATION FOR PERMIT OR POST-CLOSURE ORDER › Section 305.51 - Revision of Applications for Hazardous Waste Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) Owners or operators of hazardous waste
				  management facilities, who qualify for interim status pursuant to 40 Code of
				  Federal Regulation Part 270, Subpart G, who have continuing authority to store,
				  process, and/or dispose of hazardous waste pursuant to Chapter 335 of this
				  title (relating to Industrial Solid Waste and Municipal Hazardous Waste), and
				  who filed a Part A permit application pursuant to 40 Code of Federal
				  Regulations §270.10 shall file a revised Part A application with the
				  executive director for any of the following changes during interim status:
(1) new hazardous wastes not identified in
				  the original application are stored, processed or disposed of at the
				  facility;
(2) increases in the
				  design capacity of processes used at the facility occur;
(3) changes in the processes for management
				  of the waste occur or additional processes are added;
(4) changes in the ownership or operational
				  control of a facility are made; or
(5) newly regulated units for the storage,
				  processing, or disposal of hazardous waste are added.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter C - APPLICATION FOR PERMIT OR POST-CLOSURE ORDER › Section 305.52 - Waste Containing Radioactive Materials

Current through Reg. 49, No. 28; July 12, 2024
An application which involves the disposal of a waste
					 containing radioactive materials shall be accompanied by a letter or other
					 instrument in writing from the commission, the Texas Department of Health, or
					 any other appropriate authority stating either that the applicant, or the
					 person delivering the waste containing radioactive materials for disposal by
					 the applicant, has a license from the commission, the Texas Department of
					 Health, or any other appropriate authority governing waste containing
					 radioactive materials; or that the applicant or the person served by the
					 applicant does not need such a license. This section does not apply to
					 applications under Chapter 336 of this title (relating to Radioactive Substance
					 Rules).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter C - APPLICATION FOR PERMIT OR POST-CLOSURE ORDER › Section 305.54 - Additional Requirements for Radioactive Material Licenses

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant may incorporate by reference
				  information contained in previous applications, statements, or reports filed
				  with the executive director. References shall be specifically stated, and shall
				  incorporate accurate, legible, and up-to-date information.
(b) If the applicant is a corporation under
				  the Texas Business Corporation Act, written verification (either affidavit or
				  tax receipt) shall be submitted with the application to confirm that no tax
				  owed the state under Chapter 171, Tax Code, is delinquent.
(c) An application shall include information
				  on ownership of the land on which the proposed project will be located,
				  ownership of the proposed facilities, buildings, structures, and equipment, and
				  ownership of properties adjacent to the proposed site.
(d) An application for a license may include
				  a request for a license authorizing one or more activities provided the
				  application specifies the additional activities for which licenses are
				  requested and complies with commission rules as to applications for those
				  licenses. The commission may require the issuance of separate specific licenses
				  for those activities.
(e) The
				  commission or executive director may at any time after the filing of the
				  original application, and before the expiration of the license, require further
				  statements or data to enable the commission to determine whether the
				  application should be granted or denied or whether a license should be amended,
				  renewed, or revoked.
(f) Applicants
				  for licenses, other than renewals, shall describe in the application how
				  facility design and procedures for operation will minimize, to the extent
				  practicable, contamination of the facility and the environment, facilitate
				  eventual decommissioning, and minimize the generation of low-level radioactive
				  waste.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter D - AMENDMENTS, RENEWALS, TRANSFERS, CORRECTIONS, REVOCATION, AND SUSPENSION OF PERMITS › Section 305.61 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
The provisions of this subchapter set forth the standards
					 and requirements for applications and actions concerning amendments,
					 modifications, renewals, transfers, corrections, revocations, and suspensions
					 of permits.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter D - AMENDMENTS, RENEWALS, TRANSFERS, CORRECTIONS, REVOCATION, AND SUSPENSION OF PERMITS › Section 305.63 - Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) Any permit
				  renewal application that is declared administratively complete before September
				  1, 1999 is subject to this section. The permittee or the executive director may
				  file an application for renewal of a permit. The application shall be filed
				  with the executive director before the permit expiration date. Any permittee
				  with an effective permit shall submit a new application at least 180 days
				  before the expiration date of the effective permit, unless permission for a
				  later date has been granted by the executive director. The executive director
				  shall not grant permission for applications to be submitted later than the
				  expiration date of the existing permit.
(1)
				  An application for renewal may be in the same form as that required for the
				  original permit application.
(2) An
				  application for renewal shall request continuation of the same requirements and
				  conditions of the expiring permit.
(3) If an application for renewal in fact
				  requests a modification of requirements and conditions of the existing permit,
				  an application for amendment or modification shall also be filed before further
				  action is taken. For applications filed under the Texas Water Code, Chapter 26,
				  if an application for renewal in fact requests a modification of requirements
				  and conditions of the existing permit, an application for amendment shall be
				  filed in place of an application for renewal.
(4) If renewal procedures have been initiated
				  before the permit expiration date, the existing permit will remain in full
				  force and effect and will not expire until commission action on the application
				  for renewal is final.
(5) The
				  commission may deny an application for renewal for the grounds set forth in
				  §
											305.66
				  of this title (relating to Revocation and Suspension).
(6) During the renewal process, the executive
				  director may make any changes or additions to permits authorized by §
											305.65 of this
				  title (relating to Corrections of Permits), or §
											305.62(d)
				  of this title (relating to Amendment) provided the requirements of §
											305.62(f)
				  of this title (relating to Amendment) and § 305.96 of this title (relating
				  to Action on Application for Amendment) are satisfied.
(7) The executive director may grant
				  permission for permittees of non-publicly owned treatment works to submit the
				  information required by 40 Code of Federal Regulations § 122.21(g)(10)
				  after the permit expiration date.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter D - AMENDMENTS, RENEWALS, TRANSFERS, CORRECTIONS, REVOCATION, AND SUSPENSION OF PERMITS › Section 305.64 - Transfer of Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit is
				  issued in personam and may be transferred only upon approval of the commission.
				  No transfer is required for a corporate name change, as long as the secretary
				  of state can verify that a change in name alone has occurred. An attempted
				  transfer is not effective for any purpose until actually approved by the
				  commission.
(b) Except as provided
				  otherwise in subsection (g) of this section, either the transferee or the
				  permittee shall submit to the executive director an application for transfer at
				  least 30 days before the proposed transfer date. The application shall contain
				  the following:
(1) the name and address of the
				  transferee;
(2) date of proposed
				  transfer;
(3) if the permit
				  requires financial responsibility, the method by which the proposed transferee
				  intends to assume or provide financial responsibility, including proof of such
				  financial responsibility to become effective when the transfer becomes
				  effective;
(4) a fee of $100 to be
				  applied toward the processing of the application, as provided in §
											305.53(a)
				  of this title (relating to Application Fee);
(5) a sworn statement that the application is
				  made with the full knowledge and consent of the permittee if the transferee is
				  filing the application; and
(6) any
				  other information the executive director may reasonably require.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter D - AMENDMENTS, RENEWALS, TRANSFERS, CORRECTIONS, REVOCATION, AND SUSPENSION OF PERMITS › Section 305.66 - Permit Denial, Suspension, and Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit or other order of the commission
				  does not become a vested right and may be suspended or revoked for good cause
				  at any time by order of the commission after opportunity for a public hearing
				  is given. Good cause includes, but is not limited to, the following:
(1) the permittee has failed or is failing to
				  comply with the conditions of the permit or a commission order, including
				  failure to construct, during the life of the permit, facilities necessary to
				  conform with the terms and conditions of the permit;
(2) the permit or the operations thereunder
				  have been abandoned;
(3) the permit
				  or other order is no longer needed by the permittee;
(4) the permittee's failure in the
				  application or hearing process to disclose fully all relevant facts, or the
				  permittee's misrepresentation of relevant facts at any time;
(5) a determination that the permitted
				  activity endangers human health or safety or the environment to such an extent
				  that permit termination is necessary to prevent further harm;
(6) the facility is being operated by a
				  transferee before commission approval of the transfer;
(7) for underground injection wells, a
				  determination that the waste being injected is a hazardous waste as defined
				  under §
											335.1 of
				  this title (relating to Definitions) either because the definition has been
				  revised, or because a previous determination has been changed;
(8) for Class III injection wells, failure to
				  achieve satisfactory restoration progress;
(9) for radioactive material licenses, any
				  violation of the Texas Radiation Control Act or Chapter 336 of this title
				  (relating to Radioactive Substance Rules), or when conditions are revealed by
				  an application, statement of fact, report, record, inspection, or other means,
				  which would have warranted the commission's refusal to issue a license on an
				  original application; or
(10) such
				  other cause sufficient to warrant termination or suspension of the
				  authorization.
(11) the executive
				  director has received notification under §
											305.42 and
				  §
											305.653
				  of this title (relating to Application Required; and Applying for a Standard
				  Permit) of a facility owner or operator's intent to be covered by a standard
				  permit.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter D - AMENDMENTS, RENEWALS, TRANSFERS, CORRECTIONS, REVOCATION, AND SUSPENSION OF PERMITS › Section 305.67 - Revocation and Suspension upon Request or Consent

Current through Reg. 49, No. 28; July 12, 2024
(a) If a permittee no longer desires to
				  continue a waste disposal activity or to dispose of waste under a permit, or is
				  agreeable to a suspension of authorization to do so for a specified period of
				  time, the permittee should file with the executive director a written request,
				  or a written consent and waiver not later than 10 days following receipt of
				  notice of the intention to file a petition under §
										305.66
				  of this title (relating to Revocation and Suspension).
(b) If a permittee requests or consents to
				  the revocation or suspension of the permit, the executive director may revoke
				  or suspend the permit without the necessity of a public hearing or commission
				  action. The executive director shall notify the commission of each such
				  revocation or suspension.
(c) Upon
				  request of the applicant, the executive director may terminate a radioactive
				  material license in accordance with this section, if the licensee has complied
				  with the applicable decommissioning requirements under Chapter 336 of this
				  title (relating to Radioactive Substance Rules).
(d) Expedited permit termination.
(1) The executive director may terminate a
				  permit by notice to the permittee if:
(A) the
				  entire discharge is permanently terminated by elimination of the flow or
				  connection to a POTW (but not by land application or disposal into a
				  well);
(B) the permittee is not
				  subject to any pending state or federal enforcement actions including citizen
				  suits brought under state or federal law; and
(C) the permittee does not object within 30
				  days after notice is sent.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter D - AMENDMENTS, RENEWALS, TRANSFERS, CORRECTIONS, REVOCATION, AND SUSPENSION OF PERMITS › Section 305.68 - Action and Notice on Petition for Revocation or Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a) In the absence
				  of a request filed by the permittee or of sufficient consent and waiver, the
				  commission shall conduct a public hearing on a petition to revoke or suspend a
				  permit or other order of the commission, notice of which shall be given to the
				  permittee not less than 30 days prior to the hearing by certified mail, return
				  receipt requested, of the time and place of the hearing. For permits or orders
				  involving hazardous waste under the Texas Solid Waste Disposal Act, Texas Civil
				  Statutes, Article 4477-7, public notice shall be given by publication, by mail
				  and by radio broadcast, in accordance with §§ 305.102-305.104 of this
				  title (relating to Notice by Publication; Notice by Mail; and Radio
				  Broadcasts).
(b) If the permittee
				  requests or consents to the revocation or suspension of the permit and the
				  executive director has not revoked or suspended the permit, the commission may
				  take action at a regular meeting of the commission without holding a public
				  hearing, provided notice of the hearing is given by first-class mail at least
				  10 days prior to the meeting. For permits involving hazardous waste under the
				  Texas Solid Waste Disposal Act, Texas Civil Statutes, Article 4477-7, notice of
				  the hearing shall be given by first-class mail at least 30 days prior to the
				  meeting.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter D - AMENDMENTS, RENEWALS, TRANSFERS, CORRECTIONS, REVOCATION, AND SUSPENSION OF PERMITS › Section 305.72 - Underground Injection Control (UIC) Permit Modifications at the Request of the Permittee

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  applies only to Underground Injection Control permits.
(b) With the permittee's consent, the
				  executive director may modify administratively a permit to make the corrections
				  or allowances for changes in the permitted activity listed in this section,
				  without following the procedures and notice requirements of this chapter. Any
				  change to the permit not processed as a minor modification under this section
				  must be made for cause and in compliance with appropriate public notice
				  requirements. Minor modifications may only:
(1) correct typographical errors;
(2) require more frequent monitoring or
				  reporting by the permittee;
(3)
				  change an interim compliance date in a schedule of compliance, provided the new
				  date is not more than 120 days after the date specified in the existing permit
				  and does not interfere with attainment of the final compliance date
				  requirement;
(4) change quantities
				  or types of fluids injected which are within the capacity of the facility as
				  permitted and in the judgment of the executive director, would not interfere
				  with the operation of the facility or its ability to meet conditions described
				  in the permit and would not change its classification, provided however, that
				  this provision shall not be used to add a waste stream other than nonhazardous
				  brine produced by a desalination operation or nonhazardous drinking water
				  treatment residuals to the permit of a Class I injection well issued without
				  the opportunity for a contested case hearing;
(5) change construction requirements,
				  provided that the alterations comply with the requirements of Chapter 331 of
				  this title (relating to Underground Injection Control); or
(6) amend a plugging and abandonment plan
				  which has been updated under §
											305.154(7)
				  of this title (relating to Standards).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter F - PERMIT CHARACTERISTICS AND CONDITIONS › Section 305.121 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
The provisions of this subchapter establish the
					 characteristics and standards for permits issued for injection wells including
					 subsurface area drip dispersal systems, waste discharge, radioactive material
					 disposal, and solid waste management, including sewage
					 sludge.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter F - PERMIT CHARACTERISTICS AND CONDITIONS › Section 305.122 - Characteristics of Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) Compliance
				  with a Resource Conservation and Recovery Act (RCRA) permit during its term
				  constitutes compliance, for purposes of enforcement, with subtitle C of RCRA
				  except for those requirements not included in the permit which:
(1) become effective by statute;
(2) are promulgated under 40 Code of Federal
				  Regulations (CFR) Part 268, restricting the placement of hazardous wastes in or
				  on the land;
(3) are promulgated
				  under 40 CFR Part
				  264, regarding leak detection systems for new
				  and replacement surface impoundment, waste pile, and landfill units, and
				  lateral expansions of surface impoundment, waste pile, and landfill units. The
				  leak detection system requirements include double liners, construction quality
				  assurance programs, monitoring, action leakage rates, and response action
				  plans, and will be implemented through the Class 1 permit modifications
				  procedures of §
											305.69
				  of this title (relating to Solid Waste Permit Modification at the Request of
				  the Permittee); or
(4) are
				  promulgated under 40 CFR
				  Part 265, Subparts AA, BB, or CC limiting air
				  emissions, as adopted by reference under §
											335.112 of
				  this title (relating to Standards).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter F - PERMIT CHARACTERISTICS AND CONDITIONS › Section 305.123 - Reservation in Granting Permit

Current through Reg. 49, No. 28; July 12, 2024
Every permit is subject to further orders and rules of the
					 commission. In accordance with the procedures for amendments and orders, the
					 commission may incorporate into permits already granted any condition,
					 restriction, limitation, or provision reasonably necessary for the
					 administration and enforcement of Texas Water Code, Chapters 26 - 28 and 32,
					 and Texas Health and Safety Code, Chapters 361 and 401.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter F - PERMIT CHARACTERISTICS AND CONDITIONS › Section 305.124 - Acceptance of Permit, Effect

Current through Reg. 49, No. 28; July 12, 2024
Acceptance of the permit by the person to whom it is issued
					 constitutes an acknowledgment and agreement that such person will comply with
					 all the terms and conditions embodied in the permit, and the rules and other
					 orders of the commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter F - PERMIT CHARACTERISTICS AND CONDITIONS › Section 305.127 - Conditions to be Determined for Individual Permits

Current through Reg. 49, No. 28; July 12, 2024
Conditions to be determined on a case-by-case basis
					 according to the criteria specified in this section, and when applicable,
					 incorporated into the permit expressly or by reference, are listed in the
					 following paragraphs.
(1) Duration.
(A) Injection well permits.
(i) Permits for Class I and Class V wells
				  shall be for a fixed term not to exceed ten years.
(ii) Initial permits and reissuance of
				  permits for Class III wells shall be for a fixed term of ten years.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter F - PERMIT CHARACTERISTICS AND CONDITIONS › Section 305.128 - Signatories to Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) All reports
				  requested by permits and other information requested by the executive director
				  shall be signed by a person described in §
										305.44(a)
				  of this title (relating to Signatories to Applications) or by a duly authorized
				  representative of that person. A person is a duly authorized representative
				  only if:
(1) the authorization is made in
				  writing by a person described in §
											305.44(a)
				  of this title (relating to Signatories to Applications);
(2) the authorization specifies either an
				  individual or a position having responsibility for the overall operation of the
				  regulated facility or activity or for environmental matters for the applicant,
				  such as the position of plant manager, operator of a well or well field,
				  environmental manager, or a position of equivalent responsibility. (A duly
				  authorized representative may thus be either a named individual or any
				  individual occupying a named position); and
(3) the written authorization is submitted to
				  the executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter F - PERMIT CHARACTERISTICS AND CONDITIONS › Section 305.129 - Variance Procedures

Current through Reg. 49, No. 28; July 12, 2024
The following regulations contained in 40 Code of Federal
					 Regulations, which are in effect as of the date of Texas pollutant discharge
					 elimination system (TPDES) program authorization, as amended, are adopted by
					 reference:
(1) Part 122, Subpart
				  B--Permit Applications and Special National Pollutant Discharge Elimination
				  System (NPDES) Program Requirements, §122.21(m), providing requirements
				  for variance requests by nonpublicly owned treatment works;
(2) Part 122, Subpart B--Permit Applications
				  and Special NPDES Program Requirements, §122.21(n), providing requirements
				  for various requests by publicly owned treatment works (POTWs);
(3) Part 122, Subpart C--Permit Applications
				  and Special NPDES Program Requirements, §122.21(o), providing requirements
				  for expedited variance procedures and time extensions;
(4) Part 124, Subpart D--Specific Procedures
				  Applicable to NPDES Permits, §124.62, providing decision-making procedures
				  for variances.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter F - PERMIT CHARACTERISTICS AND CONDITIONS › Section 305.130 - Notice of Inactive Municipal Solid Waste Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner or operator of a permitted
				  municipal solid waste (MSW) facility that has not accepted waste within two
				  years of permit issuance or that has ceased accepting waste for two consecutive
				  years shall provide notice to the public as specified in §
										39.510
				  of this title (relating to Notice Requirements for Inactive Municipal Solid
				  Waste Permit) of the following:
(1) the
				  permitted facility may begin construction or operation at a future time;
				  and
(2) the date that the facility
				  is expected to begin construction and operations.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter F - PERMIT CHARACTERISTICS AND CONDITIONS › Section 305.131 - Revocation of Inactive Municipal Solid Waste Permit

Current through Reg. 49, No. 28; July 12, 2024
A municipal solid waste permit may be revoked at the
					 discretion of the commission under the procedures found in §
										305.68
					 of this title (relating to Action and Notice on Petition for Revocation or
					 Suspension) if the commission finds that the owner or operator has failed to
					 provide notice to the public as required by §
										305.130
					 of this title (relating to Notice of Inactive Municipal Solid Waste
					 Permit).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter F - PERMIT CHARACTERISTICS AND CONDITIONS › Section 305.132 - Special Conditions for Certain Wastewater Discharges

Current through Reg. 49, No. 28; July 12, 2024
(a) The following words and terms, when used
				  in this section, shall have the following meanings, unless the context clearly
				  indicates otherwise.
(1) Collection
				  system--Pipes, conduits, lift stations, force mains, and all other
				  constructions, devices, and appurtenant appliances used to transport domestic
				  wastewater to a wastewater treatment facility.
(2) History of noncompliance--History of
				  non-reporting or reoccurrences of accidental discharges or spills of treated or
				  untreated wastewater.
(3) Local
				  government--An incorporated city, a county, a river authority, or a water
				  district or authority acting under Article III, Section 52, or Article XVI,
				  Section 59 of the Texas Constitution.
(4) Wastewater treatment facility--All
				  contiguous land and fixtures, structures, and appurtenances used for storing,
				  processing, and treating wastewater. A wastewater treatment facility does not
				  include the collection system located outside of the fenced area around a
				  wastewater treatment facility.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter G - ADDITIONAL CONDITIONS FOR HAZARDOUS AND INDUSTRIAL SOLID WASTE STORAGE, PROCESSING, OR DISPOSAL PERMITS › Section 305.141 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				  otherwise stated, the conditions contained in this subchapter apply to all
				  hazardous and industrial solid waste storage, processing, or disposal permits.
				  These conditions are in addition to those set forth in §
										305.66
				  of this title (relating to Revocation and Suspension).
(b) In addition to the conditions established
				  under §
										305.127(4)
				  of this title (relating to Conditions to be Determined for Individual Permits),
				  each permit for a facility used for the storage, processing, and disposal of
				  hazardous waste shall include:
(1) each of
				  the applicable requirements specified in Chapter 335, Subchapter F of this
				  title (relating to Permitting Standards for Owners and Operators of Hazardous
				  Waste Storage, Processing, or Disposal Facilities); and
(2) a list of the wastes or classes of wastes
				  which will be processed, stored, or disposed of at the facility, and a
				  description of the processes to be used for the processing, storage, or
				  disposal of such hazardous wastes at the facility, including the design
				  capacity of each storage, processing, and disposal unit. Except in the case of
				  containers, the description must identify the particular wastes or classes of
				  wastes which will be processed, stored, or disposed of in particular equipment
				  or locations (e.g., halogenated organics may be stored in Tank A and metal
				  hydroxide sludges may be disposed of in landfill cells B, C, and D).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter G - ADDITIONAL CONDITIONS FOR HAZARDOUS AND INDUSTRIAL SOLID WASTE STORAGE, PROCESSING, OR DISPOSAL PERMITS › Section 305.142 - Duty To Comply

Current through Reg. 49, No. 28; July 12, 2024
The permittee need not comply with the conditions of the
					 permit to the extent and for the duration such noncompliance is authorized in
					 an emergency order issued by the commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter G - ADDITIONAL CONDITIONS FOR HAZARDOUS AND INDUSTRIAL SOLID WASTE STORAGE, PROCESSING, OR DISPOSAL PERMITS › Section 305.143 - Recordkeeping

Current through Reg. 49, No. 28; July 12, 2024
For those permits containing a groundwater monitoring
					 requirement, the permittee shall maintain records from all groundwater
					 monitoring wells and associated groundwater surface elevations for the active
					 life of the facility and for disposal facilities for the post-closure care
					 period as well.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter G - ADDITIONAL CONDITIONS FOR HAZARDOUS AND INDUSTRIAL SOLID WASTE STORAGE, PROCESSING, OR DISPOSAL PERMITS › Section 305.144 - Certification and Inspection

Current through Reg. 49, No. 28; July 12, 2024
For a new facility, the permittee may not commence storage,
					 processing, or disposal of solid waste; and for a facility being modified, the
					 permittee may not process, store, or dispose of solid waste in the modified
					 portion of the facility, except as provided in §
										305.69
					 of this title (relating to Solid Waste Permit Modification at the Request of
					 the Permittee) until:
(1) the
				  permittee has submitted to the executive director by certified mail or hand
				  delivery a letter signed by the permittee and a Texas licensed professional
				  engineer stating that the facility has been constructed or modified in
				  compliance with the permit; and
(2)
				  the executive director has inspected the modified or newly constructed facility
				  and finds it is in compliance with the conditions of the permit; or if within
				  15 days of submission of the letter required by paragraph (1) of this section,
				  the permittee has not received notice from the executive director of an intent
				  to inspect, prior inspection is waived, and the permittee may commence
				  processing, storage, or disposal of solid waste.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter G - ADDITIONAL CONDITIONS FOR HAZARDOUS AND INDUSTRIAL SOLID WASTE STORAGE, PROCESSING, OR DISPOSAL PERMITS › Section 305.145 - Release or Discharges of Solid Waste

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The following shall be included as information which must be reported orally
				  within 24 hours pursuant to §
										305.125(9)
				  of this title (relating to Standard Permit Conditions):
(1) information concerning release of any
				  solid waste that may cause an endangerment to public drinking water
				  supplies;
(2) any information of a
				  release or discharge of solid waste, or of a fire or explosion from a facility,
				  which could threaten the environment or human health or safety outside the
				  facility. The description of the occurrence and its cause shall include:
(A) name, address, and telephone number of
				  the owner or operator;
(B) name,
				  address, and telephone number of the facility;
(C) date, time, and type of
				  incident;
(D) name and quantity of
				  material(s) involved;
(E) the
				  extent of injuries, if any;
(F) an
				  assessment of actual or potential hazards to the environment and human health
				  or safety outside the facility, where this is applicable; and
(G) estimated quantity and disposition of
				  recovered material that resulted from the incident.