Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter L - GROUNDWATER COMPLIANCE PLAN › Section 305.401 - Compliance Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) In order to
				  administer the groundwater protection requirements relating to compliance
				  monitoring and corrective action for facilities that store, process, or dispose
				  of hazardous waste in surface impoundments, waste piles, land treatment units,
				  or landfills, and the requirements of §
										335.167
				  of this title (relating to Corrective Action for Solid Waste Management Units),
				  the commission shall establish a compliance plan.
(b) The following rules pertaining to
				  application, and notice and hearing shall be applicable in proceedings to
				  establish the plan: §
										39.401 of this
				  title (relating to Purpose); §
										39.403
				  of this title (relating to Applicability); §
										39.405
				  of this title (relating to General Notice Provisions); §
										39.407
				  of this title (relating to Mailing Lists); §
										39.409
				  of this title (relating to Deadline for Public Comment, and for Requests for
				  Reconsideration, Contested Case Hearing, or Notice and Comment Hearing); §
										39.411 of
				  this title (relating to Text of Public Notice); §
										39.413
				  of this title (relating to Mailed Notice); §
										39.418
				  of this title (relating to Notice of Receipt of Application and Intent to
				  Obtain Permit); §
										39.419
				  of this title (relating to Notice of Application and Preliminary Decision);
				  §
										39.420
				  of this title (relating to Transmittal of the Executive Director's Response to
				  Comments and Decision); §
										39.421
				  of this title (relating to Notice of Commission Meeting to Evaluate a Request
				  for Reconsideration or Hearing on an Application); §
										39.423
				  of this title (relating to Notice of Contested Case Hearing); §
										39.425
				  of this title (relating to Notice of Contested Enforcement Case Hearing);
				  §
										39.503
				  of this title (relating to Application for Industrial or Hazardous Waste
				  Facility Permit); §
										39.509
				  of this title (relating to Application for a Class 3 Modification of an
				  Industrial or Hazardous Waste Permit); § 39.1005 of this title (relating
				  to Notice of Class 1 Modification of an Industrial Solid Waste or Hazardous
				  Waste Permit); § 39.1007 of this title (relating to Notice of Class 2
				  Modification of an Industrial Solid Waste or Hazardous Waste Permit); §
										50.113
				  of this title (relating to Applicability and Action on Application); §
										50.115
				  of this title (relating to Scope of Contested Case Hearings); §
										50.117 of this
				  title (relating to Commission Actions); §
										50.119
				  of this title (relating to Notice of Commission Action, Motion for Rehearing);
				  §
										55.200
				  of this title (relating to Applicability); §
										55.201
				  of this title (relating to Requests for Reconsideration or Contested Case
				  Hearing); §
										55.203
				  of this title (relating to Determination of Affected Person); §
										55.205
				  of this title (relating to Request by Group or Association); §
										55.209
				  of this title (relating to Processing Requests for Reconsideration and
				  Contested Case Hearing); §
										55.210 of this
				  title (relating to Direct Referrals); §
										55.211
				  of this title (relating to Commission Action on Requests for Reconsideration
				  and Contested Case Hearing); Chapter 281 of this title (relating to
				  Applications Processing); §
										305.43 of
				  this title (relating to Who Applies); §
										305.44
				  of this title (relating to Signatories to Applications); §
										305.47
				  of this title (relating to Retention of Application Data); §
										305.50
				  of this title (relating to Additional Requirements for an Application for a
				  Hazardous or Industrial Solid Waste Permit and for a Post-Closure Order);
				  §
										305.53
				  of this title (relating to Application Fee ); §§
										305.122-
				  305.124
				  of this title (relating to Characteristics of Permits; Reservation in Granting
				  Permit; and Acceptance of Permit, Effect); and §
										305.128 of
				  this title (relating to Signatories to Reports).
(c) Any investigation report to establish
				  compliance monitoring or corrective action shall contain the information
				  specified in the regulations contained in 40 Code of Federal Regulation (CFR)
				  §270.14(c)(7) and (8), which are in effect as of September 9, 1987. The
				  executive director may authorize, in writing, in advance the submittal of a
				  proposed permit schedule for the submittal of an engineering feasibility plan
				  as set forth in the regulations contained in
				  40 CFR §
											270.14(c)(7), which are in
				  effect as of September 9, 1987. The executive director may also authorize, in
				  writing, prior to the submittal of a complete permit application, the submittal
				  of a schedule for the information required in the regulations contained in
				  40 CFR §
											270.14(c)(8)(iii) and (iv),
				  as set forth in the regulations contained in
				  40 CFR §
											270.14(c)(8)(v), which are
				  in effect as of September 9, 1987. The executive director may request
				  information necessary to determine the appropriateness and extent of corrective
				  action required by §
										335.167
				  of this title.
(d) The executive
				  director shall prepare a draft compliance plan unless the executive director
				  recommends not to approve the plan. The draft compliance plan shall be
				  available for public review, and notice that the executive director has
				  prepared such a plan will be given pursuant to §
										39.503
				  of this title. The draft compliance plan shall be filed with the commission to
				  be included in its consideration of the approval of a compliance
				  plan.
(e) The executive director
				  shall prepare a technical summary which sets forth the principal facts and the
				  significant factual, legal, methodological, and policy questions considered in
				  preparing the draft compliance plan. The executive director shall send this
				  summary together with the draft compliance plan to the applicant and, on
				  request, to any other person. The summary shall include the following
				  information, where applicable:
(1) a brief
				  description of the type of facility or activity which is the subject of the
				  draft compliance plan;
(2) the type
				  and quantity of wastes, fluids, or pollutants which are being managed at the
				  facility;
(3) a brief summary of
				  the basis for the conditions of the draft compliance plan, including references
				  to applicable statutory or regulatory provisions;
(4) a description of the procedures for
				  reaching a final decision on the draft compliance plan, including procedures
				  whereby the public may participate in the final decision; and
(5) the name and telephone number of a person
				  in the commission to contact for additional information.