Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter C - APPLICATION FOR PERMIT OR POST-CLOSURE ORDER › Section 305.42 - Application Required

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person who
				  is required to obtain a permit, or who requests an amendment, modification, or
				  renewal of a permit, or who requests a post-closure order, or who is required
				  to obtain a post-closure order shall complete, sign, and submit an application
				  to the executive director, according to the provisions of this
				  chapter.
(b) For applications
				  involving hazardous waste, persons currently authorized to continue hazardous
				  waste management under interim status in compliance with §
										335.2(c)
				  of this title (relating to Permit Required) and Texas Health and Safety Code
				  (THSC), §361.082(e), shall apply for permits when required by the
				  executive director. Owners or operators shall be allowed at least six months
				  from the date of request to submit a Part B permit application. Owners or
				  operators of existing hazardous waste management facilities may voluntarily
				  submit Part B of the application at any time. However, owners or operators of
				  existing hazardous waste management facilities must submit Part B permit
				  applications in accordance with the dates specified in 40 Code of Federal
				  Regulations (CFR) §270.73. Owners or operators of land disposal facilities
				  in existence on the effective date of statutory or regulatory amendments under
				  THSC, Chapter 361, or the Resource Conservation and Recovery Act of l976, as
				  amended,
				  42 United States Code,
				  §§6901 et seq., that render the
				  facility subject to the requirement to have a hazardous waste permit must
				  submit a Part B permit application in accordance with the dates specified in
				  40 CFR
				  §270.73 and certify that such a facility
				  is in compliance with all applicable groundwater monitoring and financial
				  responsibility requirements.
(c) An
				  application for a new, amended, or renewed radioactive material license under
				  Chapter 336 of this title (relating to Radioactive Substance Rules) shall
				  consist of one signed original and five copies. The executive director may
				  request additional copies. Copies of an application for a low-level radioactive
				  waste disposal license under Chapter 336, Subchapter H of this title (relating
				  to Licensing Requirements for Near-Surface Land Disposal of Low-Level
				  Radioactive Waste) shall be retained by the applicant for distribution in
				  accordance with written instructions from the executive director.
(d) For applications involving hazardous
				  waste management facilities for which the owner or operator has submitted Part
				  A of the permit application and has not yet filed Part B, the owner or operator
				  is subject to the requirements for updating the Part A application under
				  40 CFR
				  §270.10(g), as amended
				  and adopted in the CFR through June 29, 1995, as published in the
Federal Register
(60 FR 33911).
(e) Applications for hazardous and
				  nonhazardous disposal well permits shall be processed in accordance with this
				  chapter for the benefit of the state and the preservation of its natural
				  resources.
(f) For applications
				  involving a standard permit, the procedures for application and issuance are
				  found in Subchapter R of this chapter (relating to Resource Conservation and
				  Recovery Act Standard Permits for Storage and Treatment Units).