Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 326 - MEDICAL WASTE MANAGEMENT › Subchapter F - OPERATIONS REQUIRING A REGISTRATION › Section 326.77 - Duration, Limits and Additional Registration Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director shall, after
				  review of any application for registration, approve or deny an application.
				  This action shall be based on whether the application meets the requirements of
				  this chapter.
(b) A registration is
				  normally issued for the life of the facility but may be revoked or modified at
				  any time if the operating conditions do not meet the minimum standards set
				  forth in this chapter or for any other good cause.
(c) A registration is issued to a specific
				  person (see definition of "Person" contained in §
										3.2 of
				  this title (relating to Definitions)) and may not be transferred from one
				  person to another without complying with §
										305.62 and
				  §
										305.70
				  of this title (relating to Amendments; and Municipal Solid Waste Permit and
				  Registration Modifications).
(d)
				  Except for transporters and mobile treatment units, a registration is attached
				  to the realty to which it pertains and may not be transferred from one facility
				  to another.
(e) If a registered
				  facility does not commence physical construction within two years of issuance
				  of a registration or within two years of the conclusion of the appeals process,
				  whichever is longer, the registration shall automatically terminate and will no
				  longer be effective.
(f) A
				  registration shall be considered to be a permit for purposes of revocation and
				  denial under Chapter 305 of this title (relating to Consolidated
				  Permits).
(g) The owner or operator
				  may file with the chief clerk a motion to overturn the executive director's
				  denial of a registration under §
										50.139
				  of this title (relating to Motion to Overturn Executive Director's
				  Decision).
(h) If at any time
				  during the life of the facility the owner or operator becomes aware of any
				  condition in the registration that necessitates a change to accommodate new
				  technology or improved methods or that makes it impractical to keep the
				  facility in compliance, the owner or operator shall submit to the executive
				  director requested changes to the registration in accordance with §
										305.70
				  of this title and must be approved prior to their implementation.
(i) The owner or operator shall obtain and
				  submit certification by a Texas-licensed professional engineer that the
				  facility has been constructed as designed in accordance with the issued
				  registration and in general compliance with the regulations prior to initial
				  operation. The owner or operator shall maintain that certification on-site for
				  inspection.
(j) After all initial
				  construction activity has been completed and prior to accepting any solid
				  waste, the owner or operator shall contact the executive director and region
				  office in writing and request a pre-opening inspection. A pre-opening
				  inspection shall be conducted by the executive director within 14 days of
				  notification by the owner or operator that all construction activities have
				  been completed, accompanied by representatives of the owner or operator and the
				  engineer.
(k) The facility shall
				  not accept solid waste until the executive director has confirmed in writing
				  that all applicable submissions required by the registration and this chapter
				  have been received and found to be acceptable, and that construction is in
				  compliance with the registration. If the executive director has not provided a
				  written or verbal response within 14 days of completion of the pre-opening
				  inspection the facility shall be considered approved for acceptance of
				  waste.