reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.503 - Reuse of Petroleum-Substance Waste

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Wastes that are intended for reuse are subject to all the applicable provisions
				  of this subchapter, including, but not limited to, the following requirements.
				  Sections 334.482, 334.496 - 334.500, and 334.502 of this title (relating to
				  General Requirements; Shipping Procedures Applicable to Generators of
				  Petroleum-Substance Waste; Recordkeeping and Reporting Procedures Applicable to
				  Generators; Shipping Requirements Applicable to Transporters of
				  Petroleum-Substance Waste; Shipping Requirements Applicable to Owners or
				  Operators of Storage, Treatment, or Disposal Facilities; Record-keeping
				  Requirements Applicable to Owners or Operators of Storage, Treatment, or
				  Disposal Facilities; and Design and Operating Requirements of Stockpiles and
				  Land Surface Treatment Units).
(b)
				  The recordkeeping and reporting requirement for any person who intends to reuse
				  petroleum-substance wastes must require that person to maintain records and
				  provide to the agency when requested such information deemed necessary by the
				  agency to ensure compliance with the requirements of this subsection. This
				  information shall include, but is not limited to:
(1) identification, address, and name of the
				  designated representative of the generating facility;
(2) identification, address, and name of the
				  designated representative for the receiving facility or location;
(3) identification of the landowner of the
				  receiving location or facility;
(4)
				  the quantity, type, and contaminant levels of the reused wastes;
(5) documentation of the reuse methods and
				  dates of reuse;
(6) documentation
				  that asphalt mix or road base mix meets the specifications required by the
				  final user; and
(7) documentation
				  that the landowner of the receiving location has approved the use of the reused
				  wastes on his property.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.504 - Contaminant Assessment Program and Corrective Action

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility owner or operator shall
				  conduct an assessment when, in the opinion of the agency, there exists a
				  possibility of migration of contaminants into or adjacent to waters in the
				  state. The assessment shall be capable of determining:
(1) whether petroleum-substance waste or
				  petroleum-substance waste constituents have entered the groundwater, surface
				  water, or soils.
(2) the rate and
				  extent of migration of any petroleum-substance waste or petroleum-substance
				  waste constituents in the soil, groundwater, or surface water; and
(3) the concentrations of petroleum-substance
				  waste or petroleum-substance waste constituents in the soil, groundwater, or
				  surface water.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.505 - Security

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility
				  owner or operator shall prevent unauthorized entry by persons or animals onto
				  the facility.
(b) A facility shall
				  have:
(1) a 24-hour surveillance system
				  (e.g., television monitoring or surveillance by guards or facility personnel)
				  which continuously monitors and controls entry onto the active portion of the
				  facility; or
(2) an artificial or
				  natural barrier (e.g., a fence in good repair or a fence combined with a
				  cliff), which completely surrounds the active portion of the facility;
				  and
(3) a means to control entry,
				  at all times, through the gates or other entrances to the active portion of the
				  facility (e.g., an attendant, television monitors, locked entrance, or
				  controlled roadway access to the facility).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.506 - Contingency Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Each facility
				  owner or operator shall have a contingency plan for each facility. The
				  contingency plan shall be designed to minimize hazards to human health or the
				  environment from fires, explosions, or any release of petroleum-substance waste
				  or petroleum-substance waste constituents to air, soil, groundwater, or surface
				  water.
(b) The provisions of the
				  plan shall be carried out immediately whenever there is a fire, explosion, or
				  release of petroleum-substance waste or petroleum-substance waste constituents
				  which could threaten human health or the environment.
(c) The contingency plan shall describe the
				  actions facility personnel shall take in order to respond to fires, explosions,
				  or any release of petroleum-substance waste or petroleum-substance waste
				  constituents to air, soil, groundwater, or surface water at the
				  facility.
(d) The plan shall list
				  names, addresses, and phone numbers (office and home) of all persons qualified
				  to act as facility emergency coordinators and this list shall be kept up to
				  date. Where more than one person is listed, one shall be named as primary
				  emergency coordinator and others shall be listed in the order in which they
				  will assume responsibility as alternates.
(e) The plan shall include a list of all
				  emergency equipment at the facility, such as fire extinguishing systems, spill
				  control equipment, communications, and alarm systems (internal and external).
				  This list shall be kept up to date. In addition, the plan shall include the
				  location and a physical description of each item on the list, and a brief
				  outline of its capabilities.
(f)
				  The plan shall include an evacuation plan for facility personnel where there is
				  a possibility that evacuation could be necessary. This plan shall describe
				  signal(s) to be used to begin evacuation, evacuation routes, and alternate
				  evacuation routes (in cases where the primary routes could be blocked by
				  release of petroleum-substance waste or fires).
(g) A legible copy of the contingency plan
				  and all revisions to the plan shall be:
(1)
				  submitted to the agency with the application for registration;
(2) maintained at the facility; and
(3) submitted to all local fire departments
				  or emergency response officials who may be called upon to provide emergency
				  services.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.507 - Emergency Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) At all
				  times, there shall be at least one employee either on the facility premises or
				  on call (i.e., available to respond to an emergency by reaching the facility
				  within a short period of time) with the responsibility for coordinating all
				  emergency response measures. This emergency coordinator shall be thoroughly
				  familiar with all aspects of the facility's contingency plan, all operations
				  and activities at the facility, the location and characteristics of waste
				  handled, the location of all records within the facility, and the facility
				  layout. In addition, this person shall have the authority to commit the
				  resources needed to carry out the contingency plan.
(b) Whenever there is an imminent or actual
				  emergency situation, the emergency coordinator (or his designee when the
				  emergency coordinator is on call) shall immediately:
(1) activate internal facility alarms or
				  communication systems, where applicable, to notify all facility personnel;
				  and
(2) notify appropriate state or
				  local agencies with designated response roles if their help is
				  needed.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.508 - Closure Requirements Applicable to Class A and Class B Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility
				  owner or operator shall submit his closure plan to the agency for approval with
				  the application for registration.
(b) In the closure plan, the facility owner
				  or operator shall address the following objectives and indicate how they will
				  be achieved:
(1) removal and decontamination
				  of all structures, equipment, or improvements which will no longer be utilized
				  at the facility;
(2) removal and
				  proper disposal or treatment and reuse of all petroleum-substance wastes from
				  the facility; and
(3) removal or
				  treatment of any petroleum-substance waste and petroleum-substance waste
				  constituents which exist above the established cleanup levels that have been
				  released from the facility into the soil, groundwater, or surface
				  water.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter L - OVERPAYMENT PREVENTION › Section 334.530 - Purpose and Applicability of the Subchapter

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this subchapter
				  is to establish procedures regarding the audit of money expended from the
				  Petroleum Storage Tank Remediation Account, to assure the most efficient use of
				  the money available and to provide the most effective protection to the
				  environment and public health and safety.
(b) Applicability. This subchapter applies to
				  all corrective actions, paid for in whole or in part by the Petroleum Storage
				  Tank Remediation Account.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter L - OVERPAYMENT PREVENTION › Section 334.531 - Cooperation with Audit; False Submittals

Current through Reg. 49, No. 28; July 12, 2024
(a) The party who has entered into a contract
				  with the agency in accordance with this chapter to perform corrective action
				  work, eligible owner or operator, and any party who received reimbursement
				  under §
										334.302(k)
				  of this title (relating to General Conditions and Limitations Regarding
				  Reimbursement), any Registered Corrective Action Specialist, and any contractor
				  or subcontractor whose invoices or other documents are submitted, or are
				  required to be submitted, with the Application for Reimbursement shall
				  cooperate fully with any audit or investigation by the agency regarding the
				  work performed, the costs charged, and/or amounts paid and shall provide copies
				  of all documents relating to an audited claim to the agency on request and at
				  no charge.
(b) If the documentation
				  or information requested by the agency under subsection (a) of this section to
				  support an audited claim is not provided, the unsupported portion of the claim
				  will be the subject of a Notice of Overpayment under §
										334.534 of
				  this title (relating to Notice of Overpayment).
(c) No person shall knowingly submit false
				  information to the agency as part of any materials required to be submitted
				  under this subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter L - OVERPAYMENT PREVENTION › Section 334.532 - Payments

Current through Reg. 49, No. 28; July 12, 2024
(a) Payment by the
				  agency of a claim for money from the Petroleum Storage Tank Remediation Account
				  means that the claim is subject to post-payment audit.
(b) By making payment of claims to eligible
				  persons (see §
										334.310
				  of this title (relating to Requirements for Eligibility)), the executive
				  director makes no statement or admission that the payments are for necessary,
				  reimbursable, or allowable costs, as those terms are defined by this chapter,
				  nor that the corrective action taken was not in excess of agency cleanup
				  standards for effective protection of the environment and public health and
				  safety.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter L - OVERPAYMENT PREVENTION › Section 334.533 - Audits

Current through Reg. 49, No. 28; July 12, 2024
(a) Audits of
				  claims and associated documents will be conducted in accordance with auditing
				  standards as provided by Texas Water Code, §
										26.35735. Such
				  audits may occur prior to or after claims have been paid. Such audits may
				  include an investigation into whether activities performed and/or the amounts
				  claimed were:
(1) eligible to be paid as
				  provided by Texas Water Code, §
											26.3573,
				  and allowable under Subchapters H and M of this chapter (relating to
				  Reimbursement Program; and Reimbursable Cost Specifications for the Petroleum
				  Storage Tank Reimbursement Program);
(2) reimbursable under Subchapter H of this
				  chapter, §
											334.560
				  of this title (relating to Reimbursable Cost Specifications), and §
											334.309 of
				  this title (relating to Reimbursable Cost) (for work performed on or after June
				  6, 1993), or reasonable (for work performed prior to June 6, 1993);
				  and
(3) actual costs in §
											334.306(b)(6)
				  of this title (relating to Form and Contents of Application). For the purposes
				  of this subchapter, actual cost is the actual amount paid for actual work
				  performed, net of any discounts, offsets, or other reductions to the amount
				  paid. Actual cost includes associated overhead and reasonable profit.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter L - OVERPAYMENT PREVENTION › Section 334.534 - Notice of Overpayment

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  agency conducts an audit or investigation and concludes that payment of a claim
				  was for an amount which exceeded the amount provided for under this chapter,
				  the agency shall prepare a notice of overpayment. The notice of overpayment
				  shall briefly summarize the findings of the audit and identify the amounts
				  which were overpaid. If the executive director determines that the overpayment
				  was the result of incorrect, incomplete, or inaccurate documentation submitted
				  by the claimant, then the executive director may include in the notice of
				  overpayment a charge for the claimant to pay interest, calculated at New York
				  Prime, plus two points, dating from the date of overpayment by the Texas
				  Commission on Environmental Quality (TCEQ), or its predecessor agency, to the
				  date of repayment to the TCEQ. Interest shall be calculated each month using
				  the interest rate determined on the first business day of each month.
(b) The notice of overpayment will be
				  delivered to the claimant (either the party who contracted directly with the
				  TCEQ for corrective action work, the eligible owner or operator, or the party
				  assigned the reimbursement right under §334.302(i) - (k) of this title
				  (relating to General Conditions and Limitations Regarding Reimbursements;
				  Assignments).
(c) Upon receipt of a
				  notice of overpayment, the recipient shall submit a check returning the amount
				  of overpayment to the TCEQ.
(d) All
				  checks rendered to return overpayments shall be made out to "The State of
				  Texas-Petroleum Storage Tank Remediation Account" and mailed to the address
				  specified on the notice of overpayment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter L - OVERPAYMENT PREVENTION › Section 334.535 - Objections to the Notice of Overpayment and Formal Petition for Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) If any person
				  receiving the notice of overpayment disputes any portion of the amount to be
				  repaid to the commission, he or she must, within 30 days of receipt of the
				  notice of overpayment, file a petition for hearing with the chief clerk in the
				  manner prescribed generally by this title for filing petitions with the
				  commission and shall serve a copy of the petition on the executive
				  director.
(b) The petition must
				  assert which funds the party is entitled to retain, and why such funds
				  represent claims paid under the requirements of this chapter. At hearing, the
				  petitioner must prove that the audited claims or portions of claims were for
				  amounts paid under the requirements of this chapter.
(c) If a person does not object to a notice
				  of overpayment, in whole or in part, as prescribed by this section, then all
				  objections to the notice are waived.
(d) Any amount not specifically disputed in
				  accordance with this section must be returned within 30 days of receipt of the
				  notice of overpayment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter L - OVERPAYMENT PREVENTION › Section 334.536 - Hearing by the Commission

Current through Reg. 49, No. 28; July 12, 2024
Following receipt of a petition, the commission shall
					 conduct a hearing on the petition. The proceedings shall be governed by the
					 rules of the commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter L - OVERPAYMENT PREVENTION › Section 334.537 - Failure To Return Overpayment or Cooperate with Audit or Investigation

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  overpayment has not been returned to the agency, or objected to by the
				  recipient, in accordance with the requirements of this subchapter, the
				  executive director shall file a petition seeking an order from the commission
				  to compel payment.
(b) All
				  commission orders issued pursuant to this subchapter shall be enforceable in
				  the same manner as any order issued pursuant to the Texas Water Code, Chapter
				  26, including administrative penalties of up to $10,000 per day of
				  violation.
(c) The executive
				  director may seek an order from the commission to compel cooperation with an
				  audit or investigation at any time.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter L - OVERPAYMENT PREVENTION › Section 334.538 - Administrative Penalties and Other Actions

Current through Reg. 49, No. 28; July 12, 2024
Nothing in this subchapter precludes the commission from
					 issuing orders, assessing administrative penalties, or taking any other action
					 permitted by law against any person for violation of the Texas Water Code,
					 commission rules, or orders of the commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter M - REIMBURSABLE COST SPECIFICATIONS FOR THE PETROLEUM STORAGE TANK REIMBURSEMENT PROGRAM › Section 334.560 - Reimbursable Cost Specifications

Current through Reg. 49, No. 28; July 12, 2024
The following Reimbursable Cost Specifications for the
					 Petroleum Storage Tank Reimbursement Program are in effect as of June 30,
					 2011.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter N - OPERATOR TRAINING › Section 334.601 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This
				  subchapter establishes training requirements for different classes of
				  underground storage tank (UST) facility operators to enhance the protection of
				  the state's groundwater and surface water resources from environmental
				  contamination that could result from any releases of harmful substances stored
				  in such systems, and to minimize threats to human health and safety which could
				  result from the improper operation of a UST facility.
(b) Owners and operators of regulated UST
				  systems must comply with the operator training requirements listed in this
				  subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter N - OPERATOR TRAINING › Section 334.602 - Designation and Training of Classes of Operators

Current through Reg. 49, No. 28; July 12, 2024
(a) Owners or operators shall identify and
				  designate for each underground storage tank (UST) facility including unmanned
				  facilities, at least one named individual for each class of operator - Class A,
				  Class B, and Class C. All individuals designated as a Class A, B, or C operator
				  shall, at a minimum, be trained and certified in accordance with this
				  subchapter. For the purposes of this subchapter, the terms "Class A operator,"
				  "Class B operator," "Class C operator," "certified operator, " or "designated
				  operator" are terms specific to the training requirements of this subchapter.
				  The term "operator" used without these descriptors is the same as the term
				  "operator" used in this chapter generally and as specifically defined in §
										334.2(75)
				  of this title (relating to Definitions).
(1)
				  Owners and operators may designate different individuals for each class of
				  operator, or one individual for more than one of the operator
				  classes.
(2) Any individual
				  designated for more than one operator class shall be trained and certified for
				  each operator class, except that training and certification as a Class B
				  operator also entitles that individual to certification as a Class A
				  operator.
(3) An individual may be
				  designated as a Class A operator for one or more facilities. An individual may
				  be designated as a Class B operator for one or more, but not to exceed 50
				  facilities. An individual Class C operator must be specifically trained for
				  each facility.
(4) During hours of
				  operation, UST facilities must have at least one certified operator (either a
				  Class A, Class B, or Class C operator) present at the UST facility, except when
				  a UST facility is unmanned. A UST facility is considered unmanned when during
				  the normal course of business there is routinely no attendant present at the
				  facility who could respond to alarms or emergencies related to the UST system.
				  (Examples of unmanned UST facilities include, but are not limited to, card lock
				  or card access fueling stations, telecommunication towers or utility transfer
				  stations serviced by emergency generator USTs, and unattended UST systems
				  located at industrial facilities.) Unmanned facilities must have weather
				  resistant signage clearly visible from any dispenser which instructs users with
				  regard to basic safety procedures, provides the customer with a 24-hour
				  telephone contact number monitored by a Class A, B, or C operator for the
				  facility and provides instruction on when to call 911.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter N - OPERATOR TRAINING › Section 334.603 - Acceptable Operator Training and Certification Processes

Current through Reg. 49, No. 28; July 12, 2024
(a) Training. Operator training must fulfill
				  the training requirements described for each class of operator in §
										334.602
				  of this title (relating to Designation and Training of Classes of Operators).
				  The following is a list of acceptable approaches to meet the operator training
				  requirements.
(1) Acceptable training for
				  Class A and Class B operators. Class A and Class B operators must complete a
				  Texas Commission on Environmental Quality (TCEQ) approved operator training
				  course or process that includes the information listed in §
											334.602(b)(1)
				  or (2) of this title, respectively. Courses
				  or processes may include in-person or on-line training performed by, contracted
				  for, or approved by the TCEQ, and must include an evaluation of operator
				  knowledge through testing, practical demonstration, or other tools deemed
				  acceptable by the TCEQ. In order for a non-contracted provider to be approved
				  by the agency, the provider of a training course or process must be sponsored
				  by an association or industry organization recognized nationwide or statewide
				  with regard to its affiliation with regulated petroleum underground storage
				  tank (UST) systems. All providers will also be required to provide training
				  documentation, including on-going maintenance of records of certified
				  operators. Those records will be required to be accessible to the agency on an
				  on-going basis.
(2) Acceptable
				  training for Class C operators.
(A) Class B
				  operators must provide training or ensure that the UST facility's Class C
				  operators otherwise complete training in emergency procedures that includes the
				  information listed in §
												334.602(b)(3)
				  of this title. Class C operator training programs may include in-class,
				  hands-on, on-line, or any other training format deemed acceptable by the Class
				  B operator.
(B) Class A and Class B
				  operators must ensure that site-specific emergency procedures are maintained in
				  an easily accessible location at the UST facility which is immediately
				  available to the Class C operator, and that site-specific notices that include
				  the location of emergency shut-off devices and appropriate emergency contact
				  telephone numbers are posted in a prominent area at the UST facility that is
				  easily visible to the Class C operator. For the purposes of this subsection,
				  the phrase "easily accessible location" means located in a place and manner
				  that allows a Class C operator quick and immediate access to site-specific
				  emergency procedures.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter N - OPERATOR TRAINING › Section 334.604 - Operator Training Deadlines

Current through Reg. 49, No. 28; July 12, 2024
(a) No
				  later than August 8, 2012, owners or operators of underground storage tank
				  (UST) facilities must designate at least one Class A, Class B, and Class C
				  operator for each facility who has completed an acceptable operator training
				  course as specified in §
										334.603
				  of this title (relating to Acceptable Operator Training and Certification
				  Processes).
(b) Class A or Class B
				  operators designated by a UST facility owner or operator after August 8, 2012,
				  must complete an acceptable operator training course as specified in §
										334.603
				  of this title, prior to assuming operation and maintenance responsibilities at
				  the UST facility.
(c) Class C
				  operators designated by a UST facility owner or operator after August 8, 2012,
				  must complete an acceptable operator training course as specified in §
										334.603
				  of this title, prior to assuming unsupervised responsibility for responding to
				  emergencies at UST system facilities.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter N - OPERATOR TRAINING › Section 334.605 - Operator Training Frequency

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Certified Class A and Class B operators must be re-trained in accordance with
				  §
										334.602
				  and §
										334.603
				  of this title (relating to Designation and Training of Classes of Operators;
				  and Acceptable Operator Training and Certification Processes, respectively)
				  within three years of their last training date.
(b) Certified Class C operators must be
				  re-trained in accordance with §
										334.602
				  and §
										334.603
				  of this title within three years of their last training date. In addition,
				  Class C operator training is only applicable at the specific facility for which
				  the training was provided.
(c) If
				  an underground storage tank (UST) facility receives a notice of violation and
				  the agency determines that the UST facility is in significant noncompliance,
				  the designated Class B operators for that UST facility, must attend either a
				  Texas Commission on Environmental Quality (TCEQ) approved compliance class that
				  addresses the noted noncompliant areas or an acceptable operator training
				  course as specified in §
										334.603
				  of this title, within the time frame specified by the TCEQ for that violation.
				  Class B operators are not, however, required to attend such training more than
				  once every 12 months, regardless of the number of their designated facilities
				  found in violation. (For the purposes of this subchapter, "significant
				  noncompliance" is defined as the failure to provide one or more of the
				  following in accordance with applicable TCEQ rule or Environmental Protection
				  Agency Significant Operational Compliance guidelines: release detection,
				  spill/overfill prevention, corrosion protection, or financial
				  assurance.)
(d) Regardless of the
				  three-year re-training requirement in subsection (a) of this section, certified
				  Class A and Class B operators must be re-trained by January 1, 2020 with a
				  course submitted to and approved by TCEQ after April 1, 2018.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter N - OPERATOR TRAINING › Section 334.606 - Documentation of Operator Training

Current through Reg. 49, No. 28; July 12, 2024
Owners and operators of underground storage tank facilities
					 (except unmanned facilities) must maintain required training certification
					 documentation as described in §
										334.603(b)
					 of this title (relating to Acceptable Operator Training and Certification
					 Processes) on-site and must provide it upon request to a Texas Commission on
					 Environmental Quality (TCEQ) or TCEQ-authorized investigator. Documentation may
					 be maintained electronically off-site if that facility has the capability of
					 producing a clear printed copy which can be provided to a TCEQ or
					 TCEQ-authorized investigator within 72 hours of the time of the investigation.
					 Owners and operators of unmanned facilities must provide documentation as
					 requested by a TCEQ investigator or TCEQ-authorized
					 investigator.
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 335.3 - Technical Guidelines

Current through Reg. 49, No. 28; July 12, 2024
In order to promote the proper collection, handling,
					 storage, processing, and disposal of industrial solid waste or municipal
					 hazardous waste in a manner consistent with the purposes of Texas Health and
					 Safety Code, Chapter 361, the executive director will make available on
					 request, copies of technical guidelines outlining methods designed to aid in
					 the prevention of the conditions prohibited in this chapter. Guidelines should
					 be considered as suggestions only.
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 335.4 - General Prohibitions

Current through Reg. 49, No. 28; July 12, 2024
In addition to the requirements of §
										335.2
					 of this title (relating to Permit Required), no person may cause, suffer,
					 allow, or permit the collection, handling, storage, processing, or disposal of
					 industrial solid waste or municipal hazardous waste in such a manner so as to
					 cause:
(1) the discharge or imminent
				  threat of discharge of industrial solid waste or municipal hazardous waste into
				  or adjacent to the waters in the state without obtaining specific authorization
				  for such a discharge from the Texas Commission on Environmental
				  Quality;
(2) the creation and
				  maintenance of a nuisance; or
(3)
				  the endangerment of the public health and welfare.
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 335.5 - Deed Recordation of Waste Disposal

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Deed recordation of disposal of industrial solid waste or municipal hazardous
				  waste. No person may cause, suffer, allow, or permit the disposal of industrial
				  solid waste or municipal hazardous waste in a landfill prior to recording in
				  the county deed records of the county or counties in which the disposal takes
				  place the following information:
(1) a metes
				  and bounds description of the portion or portions of the tract of land on which
				  disposal of industrial solid waste or municipal hazardous waste will take
				  place;
(2) the class or classes of
				  industrial solid wastes or municipal hazardous wastes to be disposed of and
				  waste description; and
(3) the name
				  or permanent address of the person or persons operating the facility where more
				  specific information on the disposal activity can be obtained.
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 335.6 - Notification Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Notification
				  of industrial solid waste and municipal hazardous waste activities not
				  authorized by a permit. Any person who intends to store, process, recycle, or
				  dispose of industrial solid waste without a permit, as authorized by
				  §335.2(d), (f), or (h) of this title (relating to Permit Required) or
				  §
										335.24
				  of this title (relating to Requirements for Recyclable Materials and
				  Nonhazardous Recyclable Materials), shall notify the executive director using a
				  method approved by the executive director, that storage, processing, recycling,
				  or disposal activities are planned.
(1) A
				  person required to notify of activities under this subsection shall notify at
				  least 90 days before conducting an activity under this subsection.
(2) A person required to notify under this
				  section shall submit additional information, upon request, to the executive
				  director to demonstrate that storage, processing, recycling, or disposal is
				  compliant with the terms of this chapter, including but not limited to
				  information listed under subsection (b)(3) of this section.
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 335.7 - Financial Assurance Required

Current through Reg. 49, No. 28; July 12, 2024
Authority to store, process, or dispose of industrial solid
					 waste or municipal hazardous waste in accordance with a permit or post-closure
					 order issued by the commission is contingent upon the execution and maintenance
					 of financial assurance for the amount(s) specified in its permit in accordance
					 with Chapter 37, Subchapter P of this title (relating to Financial Assurance
					 for Hazardous and Nonhazardous Industrial Solid Waste Facilities), which
					 provides for the closing of the solid waste storage, processing, or disposal
					 facility in accordance with the permit or post-closure order issued for the
					 facility and all other rules of the commission. The commission may require the
					 execution and maintenance of financial assurance in accordance with Chapter 37,
					 Subchapter P of this title for the closing of any solid waste facility exempt
					 from the requirement of a permit under this chapter, but subject to the
					 requirement of a permit or post-closure order under Texas Water Code, Chapter
					 26. Persons storing, processing, or disposing of hazardous waste are subject to
					 further requirements concerning financial assurance and closure and
					 post-closure contained in Subchapter F of this chapter (relating to Permitting
					 Standards for Owners and Operators of Hazardous Waste Storage, Processing, or
					 Disposal Facilities). If the executive director determines that there is a
					 significant risk to human health and the environment from sudden or nonsudden
					 accidental occurrences resulting from the operations of a solid waste storage,
					 processing, or disposal facility, the owner or operator may be required to
					 provide coverage for sudden and/or nonsudden accidental occurrences in
					 accordance with Chapter 37, Subchapter P of this title.
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 335.9 - Recordkeeping and Annual Reporting Procedures Applicable to Generators

Current through Reg. 49, No. 28; July 12, 2024
(a) A generator of
				  hazardous or industrial solid waste shall comply with the recordkeeping and
				  reporting requirements of this section. Nonhazardous recyclable materials
				  regulated under §
										335.24(h)
				  of this title (relating to Requirements for Recyclable Materials and
				  Nonhazardous Recyclable Materials), are not subject to the requirements of this
				  section.
(1) A generator shall make and keep
				  records of all hazardous and industrial solid waste activities regarding the
				  quantities generated, received from off-site, stored, processed, and disposed
				  of on-site or shipped off-site for storage, processing, recycling, or disposal.
				  These records must , at a minimum, include the information described in
				  subparagraphs (A) - (G) of this paragraph. These records must be maintained in
				  a readily retrievable format. The required records must be sufficiently
				  detailed and complete to support any contentions or claims made by the
				  generator with respect to:
(A) the
				  description, character, and classification of each waste, in accordance with
				  Subchapter R of this chapter (relating to Waste Classification) and any changes
				  and additional information required under §
												335.6(c) and
				  (d) of this title (relating to Notification
				  Requirements);
(B) the quantity
				  generated;
(C) except generators
				  that generate less than 100 kilograms of non-acute hazardous waste, less than 1
				  kilogram of acute hazardous waste, and less than 100 kilograms of industrial
				  Class 1 waste per calendar month , the quantity held in on-site storage as of
				  December 31 of each calendar year;
(D) the quantity processed or disposed of at
				  each on-site facility unit during the calendar year;
(E) the method of storage, processing, or
				  disposal as described by codes listed on the form or instructions;
(F) the quantity shipped off-site for
				  storage, processing, or disposal each calendar year, including the transporter
				  and the name, address, and location of each off-site facility receiving
				  shipments; and
(G) the location of
				  each hazardous waste satellite accumulation area where hazardous wastes are
				  temporarily accumulated in accordance with § 335.53 of this title
				  (relating to General Standards Applicable to Generators of Hazardous
				  Waste).
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 335.10 - Shipping and Reporting Procedures Applicable to Generators of Hazardous Waste or Class 1 Waste

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided in paragraph (2) of this subsection, no person who generates,
				  transports, processes, stores, or disposes of hazardous waste shall cause,
				  suffer, allow, or permit the shipment of hazardous waste unless the person
				  complies with this subsection, §
										335.12
				  of this title (relating to Shipping Requirements Applicable to Owners or
				  Operators of Treatment, Storage, or Disposal Facilities), §
										335.13
				  of this title (relating to Recordkeeping and Reporting Procedures Applicable to
				  Generators Shipping Hazardous Waste or Class 1 Waste), § 335.54 of this
				  title (relating to Hazardous Waste Manifest), and § 335.58 of this title
				  (relating to Transboundary Movements of Hazardous Waste for Recovery or
				  Disposal).
(1) In addition, generators and
				  owners or operators of treatment, storage, or disposal facilities shall include
				  a Texas waste code for each hazardous waste itemized on the manifest.
(2) The manifest required by this subsection
				  is not required for the transportation of hazardous waste when all of the
				  conditions of an applicable exemption from manifesting have been met, including
				  and not limited to the exemptions in this paragraph and subsection (b) of this
				  section.
(A) The manifesting requirements of
				  this section are not applicable to the transportation of hazardous waste
				  generated by a very small quantity generator (VSQG) that meets the conditions
				  for exemption in 40 Code of Federal Regulations (CFR) §262.14 as adopted
				  in § 335.53 of this title (relating to General Standards Applicable to
				  Generators of Hazardous Waste).
(B)
				  The manifesting requirements of this section are not applicable to the
				  transportation of potentially creditable hazardous waste pharmaceuticals from a
				  healthcare facility or a reverse distributor to a reverse distributor in
				  compliance with § 335.769 of this title (relating to Shipping Potentially
				  Creditable Hazardous Waste Pharmaceuticals from a Healthcare Facility or a
				  Reverse Distributor to a Reverse Distributor).
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 335.11 - Shipping Requirements for Transporters of Hazardous Waste or Class 1 Waste

Current through Reg. 49, No. 28; July 12, 2024
(a) Incorporation
				  by reference. The commission adopts by reference 40 Code of Federal Regulations
				  (CFR) Part 263, Subpart B (Compliance With the Manifest System and
				  Recordkeeping), as amended through the January 3, 2018 issue of the
Federal Register
(83 FR 420).
(b) Hazardous waste transporters. Except as
				  provided by §
										335.10(a)(2)
				  of this title (relating to Shipping and Reporting Procedures Applicable to
				  Generators of Hazardous Waste or Class 1 Waste), persons who transport
				  hazardous waste must comply with:
(1)
				  subsection (a) of this section;
(2)
											§
											335.4 of
				  this title (relating to General Prohibitions);
(3)
											§
											335.6
				  of this title (relating to Notification Requirements);
(4)
											§
											335.10
				  of this title;
(5)
											§
											335.14
				  of this title (relating to Recordkeeping Requirements Applicable to
				  Transporters of Hazardous Waste or Class 1 Waste); and
(6) Subchapter D of this chapter (relating to
				  Standards Applicable to Transporters of Hazardous Waste).