Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter A - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE IN GENERAL › Section 335.23 - Procedures for Case-by-Case Regulation of Hazardous Waste Recycling Activities

Current through Reg. 49, No. 28; July 12, 2024
The commission will use the following procedures when
					 determining whether to regulate hazardous waste recycling activities described
					 in §
										335.24(b)(3)
					 of this title (relating to Requirements for Recyclable Materials and
					 Nonhazardous Recyclable Materials) under the provisions of §
										335.24(d)-(f)
					  of this title (relating to Requirements for
					 Recyclable Materials and Nonhazardous Recyclable Materials), rather than under
					 the provisions governing Recyclable Materials Utilized for Precious Metal
					 Recovery under Subchapter H of this chapter (relating to Standards for the
					 Management of Specific Wastes and Specific Types of Facilities).
(1) If a generator is accumulating the waste,
				  the commission will issue a notice setting forth the factual basis for the
				  decision and stating that the person must comply with the applicable
				  requirements of Subchapters A-C of this chapter (relating to Industrial Solid
				  Waste and Municipal Hazardous Waste Management in General; Hazardous Waste
				  Management General Provisions; and Standards Applicable to Generators of
				  Hazardous Waste). The notice will become final within 30 days, unless the
				  person served requests a public hearing to challenge the decision. Upon
				  receiving such a request, the commission will hold a public hearing. The
				  commission will provide notice of the hearing to the public and allow public
				  participation at the hearing. The commission will issue a final order after the
				  hearing stating whether or not compliance with Subchapters A-C of this chapter
				  (relating to Industrial Solid Waste and Municipal Hazardous Waste Management in
				  General; Hazardous Waste Management General Provisions; and Standards
				  Applicable to Generators of Hazardous Waste) is required. A person affected by
				  a final decision or order of the commission may file a petition for judicial
				  review within 30 days after the decision or order is final and appealable, in
				  accordance with Chapter 80 of this title (relating to Contested Case Hearings)
				  and the Texas Administrative Procedure Act, Texas Government Code, Chapter
				  2001.
(2) If the person is
				  accumulating the recyclable material at a storage facility, the notice will
				  state that the person must obtain a permit in accordance with all applicable
				  provisions of Chapter 305 of this title (relating to Consolidated Permits);
				  Chapter 1 of this title (relating to Purpose of Rules, General Provisions);
				  Chapter 3 of this title (relating to Definitions); Chapter 10 of this title
				  (relating to Commission Meetings); Chapter 20 of this title (relating to
				  Rulemaking); Chapter 37 of this title (relating to Financial Assurance);
				  Chapter 39 of this title (relating to Public Notice); Chapter 40 of this title
				  (relating to Alternative Dispute Resolution Procedures); Chapter 50 of this
				  title (relating to Action on Applications); Chapter 55 of this title (relating
				  to Request for Contested Case Hearings); Chapter 70 of this title (relating to
				  Enforcement); Chapter 80 of this title (relating to Contested Case Hearings);
				  Chapter 86 of this title (relating to Special Provisions for Contested Case
				  Hearings); Chapter 261 of this title (relating to Introductory Provisions); and
				  Chapter 277 of this title (relating to Use Determinations for Tax Exemption for
				  Pollution Control Property). The owner or operator of the facility must apply
				  for a permit within no less than 60 days and no more than six months of notice,
				  as specified in the notice. If the owner or operator of the facility wishes to
				  challenge the commission's decision, he may do so in his permit application, in
				  a public hearing held on the draft permit, or in comments filed on the draft
				  permit or on the notice of intent to deny the permit. The proposal for decision
				  accompanying the permit will include the reasons for the commission's
				  determination. The question of whether the commission's decision was proper
				  will remain open for consideration during the public comment period and in any
				  subsequent hearing.