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 305.70 - Municipal Solid Waste Permit and Registration Modifications

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  applies only to modifications to municipal solid waste (MSW) permits and
				  registrations related to regulated MSW activities. Modifications to industrial
				  and hazardous solid waste permits are covered in §
										305.69
				  of this title (relating to Solid Waste Permit Modification at the Request of
				  the Permittee). Changes to conditions in an MSW permit or registration which
				  were specifically ordered by the commission following the contested hearing
				  process or included by the executive director as a result of negotiations
				  between the applicant and interested persons during the permitting/registration
				  process are not eligible for modification under this section. Applications
				  filed before the effective date of this section will be subject to the section
				  as it existed at the time the application was received.
(b) References to the term "permit" in this
				  section include the permit document and all of the attachments thereto as
				  further defined in Chapter 330, Subchapter B of this title (relating to Permit
				  and Registration Application Procedures). References to the term "registration"
				  in this section include the registration document and all of the attachments
				  thereto as further defined in Chapter 330, Subchapter B of this
				  title.
(c) Any increase in the
				  permitted or registered daily maximum limit of waste acceptance for a Type V
				  processing facility shall be subject either to the requirements of §
										305.62(c)(1)
				  of this title (relating to Amendment) in the case of a permitted facility, or
				  to the requirements of a new registration in the case of a registered facility.
				  Changes in the annual waste acceptance rate at landfill facilities are subject
				  to the requirements of §
										330.125(h)
				  of this title (relating to Recordkeeping Requirements).
(d) Permit and registration modifications
				  apply to minor changes to an MSW facility or its operation that do not
				  substantially alter the permit or registration conditions and do not reduce the
				  capability of the facility to protect human health and the
				  environment.
(e) A permittee or
				  registrant may implement a modification to an MSW permit or registration
				  provided that the permittee or registrant has received prior written
				  authorization for the modification from the executive director. In order to
				  receive prior written authorization, the permittee or registrant must submit a
				  modification application to the executive director which includes, at a
				  minimum, the following information:
(1) a
				  description of the proposed change;
(2) an explanation detailing why the change
				  is necessary;
(3) appropriate
				  revisions to all applicable narrative pages and drawings of Attachment A of a
				  permit or a registration (i.e., a site development plan, site operating plan,
				  engineering report, or any other approved plan attached to a permit or a
				  registration document). These revisions shall be marked and include revision
				  dates and notes as necessary in accordance with §
											330.57(g)
				  of this title (relating to Permit and Registration Applications for Municipal
				  Solid Waste Facilities);
(4) a
				  reference to the specific provision under which the modification application is
				  being made; and
(5) for those
				  modifications submitted in accordance with subsection (l) of this section that
				  the executive director determines that notice is required and for those listed
				  in subsection (k) of this section, an updated landowners map and an updated
				  landowners list as required under §
											330.59(c)(3)
				  of this title (relating to Contents of Part I of the
				  Application).