Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter F - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.167 - Corrective Action for Solid Waste Management Units

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner or operator of a facility
				  seeking a permit or post-closure order for the processing, storage, or disposal
				  of hazardous waste must institute corrective action as necessary to protect
				  human health and the environment for all releases of hazardous waste or
				  constituents from any solid waste management unit at the facility, regardless
				  of the time at which waste was placed in such unit.
(b) Corrective action at a permitted facility
				  will be specified in the compliance plan under §
										305.401 of this
				  title (relating to Compliance Plan) and in accordance with this section, 40
				  Code of Federal Regulations (CFR) Part 264, Subpart S, and §
										335.152 of
				  this title (relating to Standards). The plan will contain schedules of
				  compliance for such corrective action where such corrective action cannot be
				  completed prior to issuance of the permit or plan. Financial assurance for such
				  corrective action shall be established and maintained in accordance with
				  Chapter 37, Subchapter P of this title (relating to Financial Assurance for
				  Hazardous and Nonhazardous Industrial Solid Waste Facilities) in an amount
				  acceptable to the executive director.
(c) Corrective action at a facility under a
				  post-closure order will be specified in the facility's post- closure order in
				  accordance with this section, 40 CFR Part 264, Subpart S, and §
										335.152 of
				  this title. The post-closure order will contain schedules of compliance for
				  such corrective action where such corrective action cannot be completed prior
				  to issuance of the post-closure order. Financial assurance for such corrective
				  action shall be established and maintained in accordance with Chapter 37,
				  Subchapter P of this title in an amount acceptable to the executive
				  director.
(d) The owner or operator
				  must implement corrective actions beyond the facility boundary, where necessary
				  to protect human health and the environment, unless the owner or operator
				  demonstrates to the satisfaction of the executive director that, despite the
				  owner's or operator's best efforts, the owner or operator was unable to obtain
				  the necessary permission to undertake such action. The owner/operator is not
				  relieved of all responsibility to clean up a release that has migrated beyond
				  the facility boundary where off-site access is denied. On-site measures to
				  address such releases will be determined on a case-by-case basis. Financial
				  assurance for such corrective action shall be established and maintained in
				  accordance with Chapter 37, Subchapter P of this title, in an amount acceptable
				  to the executive director.