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 305.69 - Solid Waste Permit Modification at the Request of the Permittee

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  This section applies only to modifications to industrial and hazardous solid
				  waste permits. Modifications to municipal solid waste permits are covered in
				  §
										305.70
				  of this title (relating to Municipal Solid Waste Permit and Registration
				  Modifications).
(b) Class I
				  modifications of solid waste permits.
(1)
				  Except as provided in paragraph (2) of this subsection, the permittee may put
				  into effect Class 1 modifications listed in Appendix I of subsection (k) of
				  this section under the following conditions:
(A) the permittee must notify the executive
				  director concerning the modification by certified mail or other means that
				  establish proof of delivery within seven calendar days after the change is put
				  into effect. This notification must specify the changes being made to permit
				  conditions or supporting documents referenced by the permit and must explain
				  why they are necessary. Along with the notification, the permittee must provide
				  the applicable information in the form and manner specified in §
												1.5(d)
				  of this title (relating to Records of the Agency), §§305.41 - 305.45
				  and 305.47 - 305.53 of this title (relating to Applicability; Application
				  Required; Who Applies; Signatories to Applications; Contents of Application for
				  Permit; Retention of Application Data; Additional Contents of Applications for
				  Wastewater Discharge Permits; Additional Contents of Application for an
				  Injection Well Permit; Additional Requirements for an Application for a
				  Hazardous or Industrial Solid Waste Permit and for a Post-Closure Order;
				  Revision of Applications for Hazardous Waste Permits; Waste Containing
				  Radioactive Materials; and Application Fee), Subchapter I of this chapter
				  (relating to Hazardous Waste Incinerator Permits), and Subchapter J of this
				  chapter (relating to Permits for Land Treatment Demonstrations Using Field
				  Tests or Laboratory Analyses);
(B)
				  the permittee must send notice of the modification request by first-class mail
				  to all persons listed in §
												39.413
				  of this title (relating to Mailed Notice). This notification must be made
				  within 90 calendar days after the change is put into effect. For the Class 1
				  modifications that require prior executive director approval, the notification
				  must be made within 90 calendar days after the executive director approves the
				  request; and
(C) any person may
				  request the executive director to review, and the executive director may for
				  cause reject, any Class 1 modification. The executive director must inform the
				  permittee by certified mail that a Class 1 modification has been rejected,
				  explaining the reasons for the rejection. If a Class 1 modification has been
				  rejected, the permittee must comply with the original permit
				  conditions.