Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter A - GENERAL INFORMATION › Section 330.11 - Notification Required

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided by §330.13 of the title (relating to Waste Management Activities
				  Exempt from Permitting, Registration, or Notification) and recycling facilities
				  that notify in accordance with §
										328.5
				  of this title (relating to Reporting and Recordkeeping Requirements), a person
				  that intends to store, process, or dispose of municipal solid waste (MSW)
				  without a permit as authorized by §
										330.7
				  of this title (relating to Permit Required), registration as authorized by
				  §
										330.9 of
				  this title (relating to Registration Required), or §
										330.25
				  of this title (relating to Relationship with County Licensing System), shall
				  notify the executive director, and any local pollution agency with jurisdiction
				  that has requested to be notified, in writing, that storage, processing, or
				  disposal activities are planned, at least 90 days prior to engaging in these
				  activities, except for recycling and other activities as may be specifically
				  exempted. Additional information may be requested to enable the executive
				  director to determine whether such storage, processing, or disposal is in
				  compliance with the terms of this chapter. This information may include, but is
				  not limited to, type of waste, waste management methods, facility engineering
				  plans and specifications, and the geology and hydrogeology at the facility. Any
				  information provided under this subsection shall be submitted to the executive
				  director in duplicate with one copy sent directly to the Texas Commission on
				  Environmental Quality (TCEQ) regional office. A person shall include a
				  statement justifying the facility's eligibility for a notification as
				  established under this section.
(b)
				  Any person that stores, processes, or disposes of MSW shall have the continuing
				  obligation to provide prompt written notice to the executive director of any
				  changes or additional information concerning waste type, waste management
				  methods, facility engineering plans and specifications, and geology and
				  hydrogeology at the facility additional to that reported in subsection (a) of
				  this section, authorized in any permit or registration, or stated in any
				  application filed with the executive director. Any information provided under
				  this subsection shall be submitted to the executive director in duplicate form
				  with copies sent directly to the TCEQ's regional office and any local pollution
				  agency with jurisdiction that has requested to be notified.
(c) A person that stores, processes, or
				  disposes of MSW shall notify the executive director, and any local pollution
				  agency with jurisdiction that has requested to be notified, in writing of any
				  closure activity or activity of facility expansion not authorized by permit or
				  registration, at least 90 days prior to conducting this activity. The executive
				  director may request additional information to determine whether such activity
				  is in compliance with this chapter. Any information provided under this
				  subsection shall be submitted to the executive director in duplicate
				  form.
(d) A notification is
				  required for the storage or processing of the following types of MSW: grease
				  trap wastes; grit trap wastes; or septage that contains free liquids if the
				  waste is treated/processed at a permitted Type I MSW facility.
(e) A notification is required for the
				  following facilities or locations:
(1) a
				  citizens' collection station;
(2) a
				  collection and processing point for only nonputrescible source-separated
				  recyclable material, provided that the facility is in compliance with
				  §§
											328.3-
				  328.5
				  of this title (relating to General Requirements; Limitations on Storage of
				  Recyclable Materials; and Reporting and Recordkeeping Requirements);
(3) a facility to treat
				  petroleum-contaminated soil if the contaminated soil is treated/processed at a
				  permitted Type I MSW facility;
(4)
				  an MSW transfer station in existence prior to the comprehensive rule revisions
				  in this chapter as adopted in 2006 (2006 Revisions) that is used only in the
				  transfer of grease trap waste, grit trap waste, septage, or other similar
				  liquid waste if the facility used in the transfer will receive 32,000 gallons
				  per day or less. These liquid waste transfer stations must be designed and
				  operated in accordance with the requirements of Subchapter E of this chapter
				  (relating to Operational Standards for Municipal Solid Waste Storage and
				  Processing Units);
(5) a temporary
				  storage facility regulated under §
											312.147 of this
				  title (relating to Temporary Storage) that stores 8,000 gallons or less for a
				  period of four days or less in containers. This facility is not required to
				  follow the requirements of Subchapter E of this chapter;
(6) a liquid waste transfer facility in
				  existence prior to the effective date of the 2006 Revisions located on or at
				  other commission authorized facilities if the facility is designed and operated
				  in accordance with the requirements of Subchapter E of this chapter;
				  or
(7) a pet cemetery. A person
				  that intends to operate a pet cemetery shall comply with the requirements of
				  §
											330.19 of this
				  title (relating to Deed Recordation) and shall ensure that the animal carcasses
				  are covered with at least two feet of soil within a time period that will
				  prevent the generation of nuisance odors or health risks. A pet cemetery is a
				  facility used only for the burial of domesticated animals kept as pets and
				  service animals such as seeing-eye dogs. Animals raised for meat production or
				  used only for animal husbandry may not be disposed of in a pet cemetery
				  authorized under this subsection.