reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter I - PROHIBITION ON OPEN DUMPS › Section 335.302 - Prohibitions

Current through Reg. 49, No. 28; July 12, 2024
(a) Any solid waste
				  management practice or disposal of industrial solid waste which constitutes the
				  open dumping of industrial solid waste is prohibited, except in the case of any
				  practice or disposal of industrial solid waste under a timetable or schedule
				  for compliance established under the Resource Conservation and Recovery Act of
				  1976, §4005(c), and §
										335.304(c)
				  of this title (relating to Classification of Facilities).
(b) Where a schedule for compliance has not
				  been established by the executive director, no person may cause, suffer, allow,
				  or permit any activity of disposal of industrial solid waste at a facility
				  which has been classified as an open dump by the executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter I - PROHIBITION ON OPEN DUMPS › Section 335.303 - Criteria for Classification of Solid Waste Disposal Facilities and Practices

Current through Reg. 49, No. 28; July 12, 2024
Except to the extent that they are clearly inconsistent
					 with the express provisions of Texas Health and Safety Code, Chapter 361, or
					 the rules of the commission, the regulations contained in 40 Code of Federal
					 Regulations (CFR) Part 257 are adopted by reference. The executive director
					 will maintain in the offices of the commission a set of the regulations
					 contained in 40 CFR Part 257 and adopted by reference herein. The regulations
					 may be examined in the library of the Texas Natural Resource Conservation
					 Commission, located on the first floor of Building A at 12100 Park 35 Circle,
					 Austin, Texas.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter I - PROHIBITION ON OPEN DUMPS › Section 335.304 - Classification of Facilities

Current through Reg. 49, No. 28; July 12, 2024
The executive director may evaluate all existing solid
					 waste disposal facilities, except those exempted under 40 Code of Federal
					 Regulations (CFR) §257.1, according to the criteria in 40 CFR Part 257.
					 The executive director shall classify as open dumps all facilities which fail
					 to satisfy these criteria and shall prepare a list of those facilities. This
					 list shall be submitted to the EPA for inclusion in the open dump inventory
					 under the Resource Conservation and Recovery Act of 1976,
					 §4005.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter I - PROHIBITION ON OPEN DUMPS › Section 335.305 - Upgrading or Closing of Open Dumps

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  All existing industrial solid waste disposal facilities which are classified as
				  open dumps shall be upgraded or closed in accordance with measures specified by
				  the commission so that the facility or practice no longer violates the criteria
				  in 40 Code of Federal Regulations Part 257.
(b) The executive director may establish a
				  timetable or schedule of compliance for any facility classified as an open dump
				  where the facility owner or operator has demonstrated that other public or
				  private alternatives to comply with the prohibition on open dumping have been
				  considered and such alternatives to so comply cannot be utilized. The schedule
				  of compliance shall specify a schedule of remedial measures and an enforceable
				  sequence of actions leading to compliance within a reasonable time, not to
				  exceed five years from the date of publication of the inventory under the
				  Resource Conservation and Recovery Act of 1976, §4005.
(c) Nothing in this section precludes the
				  executive director from seeking any relief deemed necessary for violation of
				  this subchapter, any provision of Texas Health and Safety Code, Chapter 361, or
				  any other regulations of the commission nor does this section establish any
				  prerequisite for seeking that relief.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter I - PROHIBITION ON OPEN DUMPS › Section 335.306 - List of Interested or Affected Persons

Current through Reg. 49, No. 28; July 12, 2024
The commission shall maintain a current list of agencies,
					 organizations, and individuals affected by or interested in the state plan
					 developed pursuant to the Resource Conservation and Recovery Act of 1976,
					 Subtitle D, which shall include any parties that request to be on the list, the
					 owner or operator of each facility classified as an open dump, and any other
					 parties which the commission determines to be affected or interested in the
					 plan.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter I - PROHIBITION ON OPEN DUMPS › Section 335.307 - Notification of Classification by Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon determination by the commission that
				  a facility or practice violates any of the criteria set forth in 40 Code of
				  Federal Regulations (CFR) Part 257 and should be in the open dump inventory
				  under the Resource Conservation and Recovery Act of 1976, §4005(b), the
				  owner or operator of such facility shall be so notified in writing by the
				  commission at least 30 days prior to the initial submission of the
				  classification to the EPA. If the owner or operator wishes to contest that
				  determination, he must so notify the commission within 20 days of the date of
				  the notification and include any information indicating that the facility does
				  not violate any of the criteria classification set forth in 40 CFR Part 257. If
				  the owner or operator fails to respond to the notification, or if the
				  commission determines that the information provided by the owner or operator
				  does not affect its initial determination, the commission shall forward the
				  name of the facility to the EPA for publication in the
Federal
				  Register.
The commission may delete the name of a facility from the
				  list to be forwarded to the EPA if, in the opinion of the commission, the
				  information presented by the owner or operator pursuant to this subsection
				  shows that the facility or practice does not violate any of the criteria set
				  forth in 40 CFR Part 257.
(b) The
				  commission shall also provide written notification of the availability of the
				  results of any classification pursuant to §
										335.304
				  of this title (relating to Classification of Facilities) to all other persons
				  on the list required by §
										335.306
				  of this title (relating to List of Interested or Affected Persons) at least 30
				  days prior to the initial submission of any classifications to the
				  EPA.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter I - PROHIBITION ON OPEN DUMPS › Section 335.308 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
To encourage public participation, the commission shall
					 respond to complaints and other information received from the public which
					 relate to any facility evaluated under this subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter J - HAZARDOUS WASTE GENERATION, FACILITY AND DISPOSAL FEE SYSTEM › Section 335.321 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) It is the
				  purpose of this subchapter to establish an industrial solid waste and hazardous
				  waste fee program. Under this program the following fees are imposed:
(1) an annual fee on each generator of Class
				  1 industrial solid waste or hazardous waste;
(2) an annual fee on each facility which
				  either holds a Class 1 industrial solid waste or hazardous waste permit or
				  operates Class 1 industrial solid waste or hazardous waste management units
				  subject to permit authorization;
(3) a fee on the operator of a commercial
				  solid waste disposal facility for Class 1 industrial waste which is disposed on
				  site by the facility;
(4) a fee on
				  the operator of a hazardous waste storage, processing, or disposal facility for
				  hazardous waste which is managed on site by the facility; and
(5) a fee on each application for a permit
				  for an industrial solid waste or hazardous waste facility assessed under §
											305.53
				  of this title (relating to Application Fees).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter J - HAZARDOUS WASTE GENERATION, FACILITY AND DISPOSAL FEE SYSTEM › Section 335.327 - Alternate Methods of Dry Weight Determination

Current through Reg. 49, No. 28; July 12, 2024
(a) Generators may select other test methods
				  for the purpose of calculating the dry weight of their waste where one of the
				  methods provided in §
										335.326
				  of this title (relating to Dry Weight Determination) is not applicable.
				  Technical justification must be sent to the executive director, demonstrating
				  that the proposed method will produce an accurate determination of the dry
				  weight ratio of the waste unless the executive director has provided written
				  approval for use of the alternate method. Use of an evaporation temperature
				  above 75 degrees Celsius will be allowed only on demonstration that the waste
				  stream contains appreciable volatile compounds that exhibit higher evaporation
				  temperatures. Where practicable, results from the proposed test methods and the
				  required method should be compared. Applicability of this item to such dry
				  weight determinations is subject to review by the executive director.
(b) Generators may elect to declare the total
				  wet weight of the waste as the dry weight.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter J - HAZARDOUS WASTE GENERATION, FACILITY AND DISPOSAL FEE SYSTEM › Section 335.328 - Fees Payment

Current through Reg. 49, No. 28; July 12, 2024
(a) Generation and
				  facility fees are payable each year for all Class 1 industrial solid waste and
				  hazardous waste generators, permittees, and facilities. Fees must be paid by
				  check, certified check, or money order payable to Texas Natural Resource
				  Conservation Commission. Annual facility fees are payable by permittees,
				  owners, or operators regardless of whether the facility is in actual operation.
				  All annual generation and facility fees shall be due by a date to be
				  established by the Texas Natural Resource Conservation Commission at the time
				  payment is requested.
(b) Except as
				  provided in subsection (c) of this section, waste management fees are to be
				  paid monthly by each operator of a waste storage, processing, or disposal
				  facility for wastes managed subject to the provisions of §
										335.325
				  of this title (relating to Industrial Solid Waste and Hazardous Waste
				  Management Fee Assessment) in that month. Fees must be paid by check, certified
				  check, or money order to Texas Natural Resource Conservation Commission and
				  shall be due by the 25th day following the end of the month for which payment
				  is due.
(c) An owner or operator
				  required to pay a waste management fee who owes less than $500 for a calendar
				  month or less than $1,500 for a calendar quarter is not required to file a
				  monthly report under §
										335.329 of
				  this title (relating to Records and Reports) but should file a quarterly report
				  with and pay a quarterly fee to the commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter J - HAZARDOUS WASTE GENERATION, FACILITY AND DISPOSAL FEE SYSTEM › Section 335.329 - Records and Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) Generators are
				  required to:
(1) keep records of all
				  hazardous waste and industrial solid waste activities regarding the quantities
				  generated, stored, processed, and disposed on-site or shipped off-site for
				  storage, processing or disposal in accordance with the requirements of §
											335.9
				  of this title (relating to Recordkeeping and Annual Reporting Procedures
				  Applicable to Generators);
(2) keep
				  records of the dry weight amount of each waste designated for disposal in an
				  underground injection well and records of the amounts of any solidification
				  agents, brine, or other authorized material added to a waste stream which may
				  be excluded from the determination of dry weight under § 361.326 of this
				  title (relating to Dry Weight Determination);
(3) provide each operator of an underground
				  injection well a certificate of computation of the dry weight of a waste to be
				  disposed. For each off-site shipment, the dry weight amount of each hazardous
				  waste to be disposed in an underground injection well is to be recorded in Item
				  J of the Uniform Hazardous Waste Manifest as required under §
											335.30 of
				  this title (relating to Appendix I); and
(4) submit the appropriate reports required
				  under §
											335.13(b)
				  of this title (relating to Recordkeeping and Reporting Procedures Applicable to
				  Generators Shipping Hazardous Waste or Class 1 Waste and Primary Exporters of
				  Hazardous Waste) on forms furnished or approved by the executive
				  director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter J - HAZARDOUS WASTE GENERATION, FACILITY AND DISPOSAL FEE SYSTEM › Section 335.330 - Cancellation, Revocation, and Transfer

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Cancellation or revocation of a permit, or termination of interim status,
				  whether by voluntary action on the part of the applicant or permittee or as a
				  result of involuntary proceedings initiated by the commission, will not
				  constitute grounds for refund, in whole or in part, of any fee paid by the
				  permittee or applicant.
(b)
				  Transfer of facility ownership will not entitle the transferring permittee,
				  applicant, or generator to a refund, in whole or in part of any fee already
				  paid by the permittee, applicant, or generator. The transferring permittee,
				  applicant, or generator remains liable for any unpaid portion of fee assessed
				  which accrued during his ownership. Any permittee, applicant, or generator to
				  whom facility ownership or a permit is transferred shall be liable for any of
				  the fees assessed after date of transfer. Payment by either the transferring
				  permittee, applicant, or generator, or by the permittee, applicant, or
				  generator to whom the ownership was transferred shall constitute full payment
				  for any fees assessed.
(c) A
				  generator who ceases generation of industrial solid waste or hazardous waste
				  due to a change of process or closing of operations shall not be eligible for a
				  refund, in whole or in part, of any fee paid.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter J - HAZARDOUS WASTE GENERATION, FACILITY AND DISPOSAL FEE SYSTEM › Section 335.331 - Failure to Make Payment or Report

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Failure to make payment in accordance with this subchapter constitutes a
				  violation subject to enforcement pursuant to the Health and Safety Code, §
										361.137 and
				  § 361.252.
(b) Generators and
				  owners or operators of a facility failing to make payment of fees imposed under
				  the Health and Safety Code, Chapter 361, when due, shall be assessed late
				  payment penalties and interest in accordance with Chapter 12 of this title
				  (relating to Payment of Fees).
(c)
				  Any interest or penalties collected by the commission shall be deposited in the
				  appropriate fund.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter J - HAZARDOUS WASTE GENERATION, FACILITY AND DISPOSAL FEE SYSTEM › Section 335.332 - Appendices I and II

Current through Reg. 49, No. 28; July 12, 2024
The following appendices will be used for the purposes of
					 this subchapter. (Appendix I--Dry Weight Determination for Solids-Based
					 Industrial Solid Waste and Hazardous Waste; Appendix II--Dry Weight
					 Determination for Oil and Organic-Based Industrial Solid Waste and Hazardous
					 Waste.)
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter K - HAZARDOUS SUBSTANCE FACILITIES ASSESSMENT AND REMEDIATION › Section 335.342 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Definitions set forth in the Act that are not specifically
					 included in this section shall also apply. The following words and terms, when
					 used in this subchapter, shall have the following meanings, unless the context
					 clearly indicates otherwise.
(1)
				  Agreed order or agreed administrative order--An administrative order issued by
				  the commission and agreed to by one or more PRPs for the purpose of settling
				  potential liability for the remedial investigation and/or remedial action
				  concerning a facility proposed for listing, or listed on, the State
				  Registry.
(2) Divisible--Hazardous
				  substance(s) released or threatened to be released at or from a facility that
				  are capable of being managed separately under a remedial action plan.
(3) Facility--In accordance with the Act,
				  §361.181(c), a facility means:
(A) Any
				  building, structure, installation, equipment, pipe or pipeline (including any
				  pipe into a sewer, public-owned treatment works, well, pit, pond, lagoon,
				  impoundment, ditch, landfill, storage container, motor vehicle, rolling stock,
				  or aircraft); or
(B) Any site or
				  area where a hazardous substance has been deposited, stored, disposed of, or
				  placed or otherwise come to be located, but does not include any consumer
				  product in consumer use or any vessel.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter K - HAZARDOUS SUBSTANCE FACILITIES ASSESSMENT AND REMEDIATION › Section 335.343 - Ranking of Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  relative priority for action needed at a facility investigated by the executive
				  director for possible listing on the State Registry may be based on the
				  following relevant factors:
(1) A superfund
				  hazard ranking system (HRS). The Superfund HRS is a methodology designed to
				  determine a numerical score for a facility based on the judgment of the
				  executive director concerning various factors which may impact the public
				  health and safety or the environment.
(2) Other relevant factors including:
(A) community interests;
(B) simplicity;
(C) costs of investigation and remedial
				  action;
(D) estimated time to
				  complete the remedial action; or
(E) any other factor that the executive
				  director determines is relevant and significant to the priority ranking of the
				  facility.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter K - HAZARDOUS SUBSTANCE FACILITIES ASSESSMENT AND REMEDIATION › Section 335.344 - Delisting and Modifications

Current through Reg. 49, No. 28; July 12, 2024
(a) Any PRP of
				  a facility listed or proposed for listing on the State Registry may request the
				  executive director to delete such facility from the Registry, modify the
				  facility's priority ranking within the Registry, or modify any information
				  regarding such facility by submitting a written statement setting forth the
				  grounds of the request. The PRP shall submit to the executive director any
				  information as may be reasonably required to enable the executive director to
				  further evaluate the facility including, but not limited to, information on all
				  factors used to develop a Superfund HRS score and to make a determination on
				  the request. The executive director may initiate the delisting procedures
				  described in this section.
(b) The
				  executive director shall hold a public meeting to receive comment. This meeting
				  is not a contested case hearing within the meaning of Texas Government Code,
				  Chapter 2001. This meeting shall be held upon requests filed with or initiated
				  by the executive director under subsection (a) of this section. At least 30
				  days prior to the date set forth for the meeting, notice shall be provided by
				  first class mail to all other PRPs, and by publication in a newspaper of
				  general circulation in the county where the facility is located. The person
				  submitting the request, if any, shall bear the cost of publication of the
				  notice.
(c) In making a
				  determination under subsection (a) of this section, the executive director will
				  consider the following:
(1) the extent to
				  which the facility has been remediated under the terms of any removals and
				  remedial action agreed to by the executive director;
(2) what further action, if any, is
				  appropriate;
(3) whether the
				  release no longer poses an imminent and substantial endangerment to public
				  health and safety or the environment and, therefore, taking further action is
				  not appropriate;
(4) whether,
				  because of the nature of any removals and the remedial action implemented at
				  the facility, it is not yet feasible to make a determination that the remedial
				  action has effectively remediated the release or threatened release of
				  hazardous substances;
(5) whether
				  the site has been accepted under the voluntary cleanup program as set out in
				  Chapter 333 of this title (relating to Voluntary Cleanup Programs);
				  or
(6) whether the site has been
				  deferred to a state or federal agency for further action.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter K - HAZARDOUS SUBSTANCE FACILITIES ASSESSMENT AND REMEDIATION › Section 335.345 - Requests for Information or Production of Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director may submit
				  requests for information and requests for production of documents as authorized
				  by the Act, §361.182 to any person who has information or documents which
				  in the executive director's opinion are necessary for the adequate
				  investigation or remediation of a facility listed on the Registry or that the
				  executive director has reason to believe should be listed on the State
				  Registry. The requested information or documents shall be produced within 45
				  days from the date of request. If the requested information or documents are
				  not produced within 45 days, the executive director may petition the commission
				  to issue an order directing compliance with the requests for information or
				  production of documents. The executive director shall serve a copy of the
				  petition on the person to whom the request for information or production of
				  documents was directed at least 20 days prior to the scheduled date of
				  commission action on the petition. The person to whom the request for
				  information or production of documents was directed may appear before the
				  commission and present evidence and argument on the petition or in support of a
				  claim asserted under subsection (b) of this section, or the commission may
				  refer the matter to the office of hearings examiners for the taking of
				  evidence.
(b) Information or
				  documents provided to the executive director in accordance with this section
				  are subject to the Public Information Act and its exceptions.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter K - HAZARDOUS SUBSTANCE FACILITIES ASSESSMENT AND REMEDIATION › Section 335.346 - Removals and Preliminary Site Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) For facilities listed on the Registry or
				  proposed for listing on the Registry, no person may perform any partial or
				  total removals at such facility or conduct preliminary investigations of any
				  type at such facility until written authorization of the executive director has
				  been received and notice and opportunity for comment has been provided to all
				  other potentially responsible parties.
(b) To expedite the executive director's
				  consideration of a proposal to conduct removals or preliminary investigations
				  at a facility, the person proposing such actions shall submit to the executive
				  director:
(1) a workplan describing the
				  removal and/or investigation activities proposed;
(2) a health and safety plan;
(3) a quality assurance project plan;
				  and
(4) an implementation schedule
				  for completing various subtasks identified in the workplan.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter K - HAZARDOUS SUBSTANCE FACILITIES ASSESSMENT AND REMEDIATION › Section 335.347 - Financial Capability, Liens, and Cost Recovery Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) Financial capability general. The
				  executive director may make a determination of whether any potentially
				  responsible party (PRP) is financially capable of participating in any facility
				  investigation or remediation. Such a determination may be based on some or all
				  of the following financial information:
(1) a
				  PRP's audited financial statements;
(2) a PRP's federal or state income tax
				  returns;
(3) a PRP's gross and net
				  income for each of the preceding three years;
(4) a PRP's net worth for each of the
				  preceding three years;
(5) a PRP's
				  current cash flow position;
(6) a
				  PRP's long-term liabilities;
(7)
				  the liquidity of a PRP's assets; and
(8) any other data requested under §
											335.345
				  of this title (relating to Requests for Information or Production of
				  Documents), which in the opinion of the executive director is relevant to a
				  determination of the ability of the PRP to participate in a facility
				  investigation or remediation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter K - HAZARDOUS SUBSTANCE FACILITIES ASSESSMENT AND REMEDIATION › Section 335.350 - Defense to Liability and Claims of Divisibility

Current through Reg. 49, No. 28; July 12, 2024
(a) The burden of establishing that a PRP
				  qualifies for any defenses to liability set forth in the Act, §361.275 or
				  that a release is divisible as set forth in the Act, §361.276 lies with
				  the PRP asserting such claim.
(b) A
				  PRP must demonstrate to the executive director its entitlement to a defense or
				  claim under the Act, §361.275 or §361.276. The determination by the
				  executive director of a PRP's request for limitation of liability under these
				  sections of the Act is a discretionary act which does not entitle the PRP to an
				  appeal to the commission or an adjudicatory hearing on such
				  determination.
(c) The executive
				  director will not consider claims of divisibility until a site has been
				  adequately characterized by a remedial investigation.
(d) A determination by the executive director
				  on a defense or claim asserted under the Act, §361.275 or §361.276
				  shall have no res judicata or collateral estoppel effect on a PRP's ultimate
				  liability for remediation of a facility as determined in subsequent commission
				  proceedings or in district court.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter K - HAZARDOUS SUBSTANCE FACILITIES ASSESSMENT AND REMEDIATION › Section 335.351 - Settlement Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  purpose. The commission encourages PRPs to enter into negotiated settlement
				  agreements which shall include an agreed administrative order with the
				  commission so that an effective remedial investigation and remedial action of a
				  facility can be quickly implemented while at the same time resolving PRP's
				  apparent liability for the facility. The goal of the executive director in
				  negotiating PRP settlements is to obtain a complete remedial investigation and
				  remedial action of the facility by PRPs, or to collect from PRPs 100% of the
				  agency's cost of performing a complete remedial investigation and remedial
				  action of the facility. PRPs shall have 60 days after the end of the good faith
				  offer period to negotiate a settlement/final administrative order. Settlement
				  negotiations shall run concurrently with agreed order negotiations. Settlements
				  may also be made after an order is issued.
(b) Settlement.
(1) In the case of an offer which is less
				  than a good faith offer to fund or perform a remedial investigation or remedial
				  action, the executive director's consideration of the offer may be based on:
(A) the relationship between the parties'
				  actions in storing, processing, and disposing of hazardous substances and the
				  remedial action required to eliminate the release or threatened
				  release;
(B) the volume of
				  hazardous substances each party is responsible for at the site to the extent
				  that the costs of the remedial action are based on the volume of waste
				  present;
(C) consideration of
				  toxicity or other waste characteristics if those characteristics affect the
				  cost to eliminate the release or threatened release;
(D) a party's cooperation with state
				  agencies, its cooperation or non-cooperation with the pending efforts to
				  eliminate the release or threatened release, or a party's actions concerning
				  storing, processing, or disposing of hazardous substances, as well as the
				  degree of care that the party exercised; and
(E) a party's ability to pay.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter M - PRE-APPLICATION REVIEW AND PERMIT PROCEDURES › Section 335.391 - Pre-application Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  commission recommends a pre-application review process in situations where
				  opposition to an application is likely to exist. A pre-application review
				  should serve to identify issues of concern; facilitate communication between a
				  potential applicant and persons who would be affected by an application; and
				  resolve as many points of conflict as possible prior to the submission of an
				  application. A local review committee shall:
(1) interact with the applicant in a
				  structured manner during the pre-application review stage of the permitting
				  process and, if necessary, during the technical review stage of the permitting
				  process, to raise and attempt to resolve both technical and nontechnical issues
				  of concern; and
(2) produce a
				  fact-finding report documenting resolved and unresolved issues and unanswered
				  questions. The applicant shall submit this report to the commission with the
				  applicant's permit application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter M - PRE-APPLICATION REVIEW AND PERMIT PROCEDURES › Section 335.392 - Notice of Intent To File a Permit Application

Current through Reg. 49, No. 28; July 12, 2024
The following appendix will be used for purposes of this
					 subchapter.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter M - PRE-APPLICATION REVIEW AND PERMIT PROCEDURES › Section 335.393 - Award of Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person
				  other than the applicant who has participated in the local review committee
				  process pursuant to this chapter, may be awarded, by the commission, its
				  reasonable costs or any part thereof for technical studies and reports and
				  expert witnesses associated with the presentation of evidence at a public
				  hearing on the permit application subsequent to the local review committee
				  process. Such evidence must relate to issues raised by such person in the local
				  review committee process but which are still unresolved at the time of the
				  commencement of the hearing on the permit applications for a hazardous waste
				  management facility. To be eligible for an award, such person shall file a
				  motion for recovery of costs at the end of the evidentiary portion of the
				  public hearing.
(b) In determining
				  the appropriateness of such an award, the commission shall consider the
				  following:
(1) whether the evidence or
				  analysis provided through such studies, reports, and witnesses is significant
				  to the evaluation of the application;
(2) whether the evidence or analysis would
				  otherwise not have been provided in the proceeding; and
(3) whether the local review committee was
				  established in accordance with §
											335.391
				  and §
											335.392
				  of this title (relating to Pre-Application Review; and Notice of Intent to File
				  a Permit Application).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter N - HOUSEHOLD HAZARDOUS WASTES › Section 335.401 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose
				  of this subchapter is to provide requirements for persons who are involved in
				  any combination of collecting, aggregating, offering for reuse, recycling,
				  transporting, or disposing of household hazardous wastes and other types of
				  household waste materials that may, due to their quantity and characteristics,
				  pose a potential endangerment to human health or the environment if improperly
				  handled.
(b) The requirements of
				  this subchapter apply to persons who engage in any combination of the following
				  activities:
(1) collect, aggregate, or store
				  household hazardous waste for offering for reuse, recycling, processing, or
				  disposal;
(2) provide a point of
				  generation pick-up service;
(3)
				  operate a mobile collection unit;
(4) operate a collection event;
(5) operate a permanent collection
				  center;
(6) transport any
				  aggregated household hazardous waste; and
(7) own or manage a hazardous waste
				  processing, storage or disposal facility that receives household hazardous
				  waste directly from the public or households.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter N - HOUSEHOLD HAZARDOUS WASTES › Section 335.407 - Training Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  operator shall ensure that all individuals conducting activities under this
				  subchapter have been trained in a manner that is appropriate to their duties,
				  using any appropriate combination of training courses as well as the
				  operational plan as a reference for program-specific training. The training
				  must be specific to the operation of the collection event, permanent collection
				  center, mobile collection unit, point of generation pick-up service, or any
				  combination of these for which the individual will have duties. The operator
				  shall ensure that appropriate training is provided to all staff, contractors,
				  and volunteers who participate in the collection, aggregation, storage, or
				  transportation of household hazardous waste and in running operations to make
				  useable materials available for reuse.
(b) The operator shall ensure that training
				  is provided before individuals collect, aggregate, store, or transport
				  household hazardous waste for reuse, recycling, processing, or disposal. The
				  operator shall ensure that all training requirements under this subchapter are
				  met for the individuals performing or responsible for specific duties. The
				  operator shall ensure that volunteers are appropriately trained on the site
				  rules and safety issues related to the operation prior to assisting with any
				  collection.
(c) The training must
				  cover any applicable training requirements in federal and state laws and
				  regulations including:
(1) requirements of
				  the federal Occupational Safety and Health Administration that are pertinent to
				  duties in handling hazardous materials, responding to spills, and other
				  activities;
(2) requirements of the
				  Texas Hazard Communication Act, Texas Health and Safety Code, Chapter
				  502;
(3) requirements of the United
				  States Department of Transportation for preparing and packaging wastes for
				  transportation that are applicable to the specific work and operation, as
				  specified in this subchapter; and
(4) requirements of EPA regulations at 40
				  Code of Federal Regulations §265.16.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter N - HOUSEHOLD HAZARDOUS WASTES › Section 335.409 - Operation of Collection Events and Permanent Collection Centers

Current through Reg. 49, No. 28; July 12, 2024
(a) Location and
				  site setup. The operator shall locate, organize, and operate a collection event
				  or permanent collection center in a manner that safeguards the public health
				  and welfare, physical property, and the environment. At a minimum, for any
				  collection event, permanent collection center, or site where mobile collections
				  units are used, the operator shall:
(1)
				  locate the collection based on the types and quantities of waste to be
				  collected and suitability of the site for collecting the waste;
(2) organize the activities on site in a way
				  that allows incoming wastes to be sorted upon arrival and placed in a
				  controlled area for packaging;
(3)
				  provide an area, not generally accessible to the public, for sorting,
				  packaging, and handling waste that is accepted;
(4) provide parking for the public and for
				  essential project vehicles and queuing for vehicles waiting to offload wastes
				  so as not to interfere with the safe entry and exit of traffic or cause traffic
				  congestion on roads near the site;
(5) prepare for inclement weather, including
				  provisions for sheltering personnel at or near the site during
				  storms;
(6) designate eating,
				  drinking, and smoking areas for personnel working at the event, area, site, or
				  center (the operator shall prohibit such activities in the collection work
				  area); and
(7) keep incompatible
				  wastes separated, including unidentified wastes, prior to and after packaging
				  for further storage or transport;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter N - HOUSEHOLD HAZARDOUS WASTES › Section 335.413 - General Shipping, Manifesting, Recordkeeping, and Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Except for
				  those collected reusable materials handled in accordance with the requirements
				  of §
										335.419
				  of this title (relating to Reuse of Collected Material) and wastes received at
				  the center which are not household hazardous waste, persons who collect,
				  receive, or aggregate household hazardous waste shall:
(1) utilize only hazardous waste transporters
				  who have notified the executive director with respect to transportation of
				  hazardous waste, who have notified the United States Environmental Protection
				  Agency (EPA) of their involvement in transporting hazardous waste, and who have
				  been issued an EPA identification number, for transporting or shipping
				  household hazardous waste from a collection event or permanent collection
				  center, except for household hazardous waste that is shipped as universal waste
				  under the provisions of Subchapter H, Division 5 of this chapter (relating to
				  Universal Waste Rule), and except in cases where aggregated household hazardous
				  waste is shipped to another permanent collection center for the purpose of
				  consolidating aggregated household hazardous waste;
(2) ship, using a uniform hazardous waste
				  manifest or following the universal waste rules if appropriate to the type(s)
				  of waste(s) being shipped, household hazardous waste from a collection event or
				  permanent collection center only to receivers that are permitted as hazardous
				  waste processing, storage, or disposal facilities with authorization to receive
				  household hazardous waste and that have agreed to accept the waste, except in
				  cases where aggregated household hazardous waste is shipped to another
				  permanent collection center for the purpose of consolidating aggregated
				  household hazardous waste;
(3)
				  package and label household hazardous waste so as to apply the applicable
				  United States Department of Transportation requirements and the requirements
				  contained in §
											335.10
				  of this title (relating to Shipping and Reporting Procedures Applicable to
				  Generators of Hazardous Waste or Class 1 Waste and Primary Exporters of
				  Hazardous Waste) to the household hazardous waste as if it was hazardous waste;
				  and
(4) retain for at least one
				  year from the date of shipment copies of all manifests and bills of lading
				  utilized for the shipment of household hazardous waste, and make the records
				  available to the executive director upon request;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter N - HOUSEHOLD HAZARDOUS WASTES › Section 335.415 - General Requirements for Transporters

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may not transport household
				  hazardous waste required by this subchapter to be accompanied by a uniform
				  hazardous waste manifest, unless such person:
(1) has notified the executive director with
				  respect to hazardous waste transportation activities in accordance with the
				  requirements contained in §
											335.6(d)
				  of this title (relating to Notification Requirements);
(2) has notified the EPA as to his or her
				  transporter status, and has been issued an United States Environmental
				  Protection Agency (EPA) identification number;
(3) applies the requirements outlined in
				  §
											335.11
				  of this title (relating to Shipping Requirements for Transporters of Municipal
				  Hazardous Waste or Class 1 Industrial Solid Waste) to all manifested household
				  waste as if it was hazardous waste;
(4) applies the requirements outlined in
				  §
											335.14
				  of this title (relating to Recordkeeping Requirements Applicable to
				  Transporters of Municipal Hazardous Waste or Class 1 Industrial Solid Waste) to
				  all manifested household waste as if it was hazardous waste; and
(5) applies the requirements of
				  §335.4(1) - (3) of this title (relating to General Prohibitions) to all
				  household hazardous waste accepted or handled as if it was hazardous
				  waste.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter N - HOUSEHOLD HAZARDOUS WASTES › Section 335.417 - General Requirements for Processing, Storage, or Disposal Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or
				  operator of a hazardous waste processing, storage, or disposal facility may
				  receive in compliance with the permit household hazardous waste shipped under a
				  uniform hazardous waste manifest or as universal waste.
(b) Owners or operators of hazardous waste
				  processing, storage, or disposal facilities may receive household hazardous
				  waste directly from households without meeting any of the other provisions of
				  this subchapter provided that the quantities received are reported to the
				  executive director as described in §
										335.403(d)(6)
				  of this title (relating to General Requirements for Household Hazardous Waste
				  Collections).