Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter G - ADDITIONAL CONDITIONS FOR HAZARDOUS AND INDUSTRIAL SOLID WASTE STORAGE, PROCESSING, OR DISPOSAL PERMITS › Section 305.147 - Monitoring of Commercial Hazardous Waste Management Facility Operations

Current through Reg. 49, No. 28; July 12, 2024
Any issued, amended, modified, transferred, extended, or
					 renewed commercial hazardous waste management facility permit shall include the
					 following requirements.
(1) Within the
				  first year after commission action on the permit the facility owner or operator
				  shall provide notice to affected persons of intent to have an independent
				  annual environmental audit of the facility performed. The notice shall be
				  issued in accordance with the following procedure.
(A) The notice shall state the names of at
				  least three independent inspectors nominated by the facility owner or operator
				  to perform the environmental audit and shall be published in the newspaper of
				  the largest general circulation that is published in the county in which the
				  facility is located and all adjacent counties or, if no newspaper is published
				  in the county, in a newspaper of general circulation in the county. The
				  facility owner or operator shall not nominate an inspector who is employed or
				  who has been employed by the facility.
(B) The notice shall announce a meeting time
				  and place, to be located near the facility location, be held within 15 days of
				  the published notice in order for the facility to receive comments from and
				  allow for participation by interested affected persons in the selection of the
				  independent inspector. The interested affected persons may either agree to one
				  of the nominated independent inspectors or nominate other independent
				  inspectors if they do not approve of the nominee list. The selection of the
				  independent inspector shall be agreed to by the facility owner or operator and
				  the interested affected persons no later than 30 days from the date of the
				  meeting. The name of the selected independent inspector shall be submitted to
				  the commission no later than 15 days from the date of selection for the
				  commission's approval. The commission shall approve the independent inspector
				  after it has determined that the independent inspector has the necessary
				  expertise to perform the audit and does not have a conflict of interest with
				  any of the parties involved in the inspector selection.
(C) The published notice may not be smaller
				  than 96.8 square centimeters or 15 square inches with the shortest dimension at
				  least 7.6 centimeters or three inches and shall contain, at a minimum, the
				  following information:
(i) the facility
				  owner's or operator's name;
(ii)
				  the location of the facility;
(iii)
				  the facility permit number;
(iv)
				  the time and date of the scheduled annual environmental audit;
(v) the names of at least three nominated
				  independent inspectors;
(vi) the
				  date and time and location of the selection meeting; and
(vii) the name and telephone number of a
				  facility contact person.
(D) The facility owner or operator shall
				  provide a copy of the published notice to local jurisdictions where the
				  facility is located.
(E) The
				  facility owner or operator shall provide the commission with an affidavit
				  including a newspaper tear sheet of the published notice and sworn statement of
				  the editor or publisher certifying that the notice was given as required by
				  this section. Acceptance of the affidavit creates a rebuttable presumption that
				  the applicant has complied with this section.