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 D - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE › Section 335.94 - Transfer Facility Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Unless the executive director determines that a permit should be required in
				  order to protect human health and the environment, a transporter who stores
				  manifested shipments of hazardous waste in containers meeting the independent
				  requirements of 40 Code of Federal Regulations (CFR) §262.30 (Packaging)
				  as adopted under § 335.55 of this title (relating to Pre-Transport
				  Requirements Applicable to Small and Large Quantity Generators) at a transfer
				  facility owned or operated by a registered transporter for a period of ten days
				  or less is not subject to the requirement for a permit under §
										335.2
				  of this title (relating to Permit Required), with respect to the storage of
				  those wastes provided that the transporter complies with the following
				  sections:
(1)
											40 CFR
				  §
												265.14 ( Security);
(2)
											40 CFR §
												265.15 ( General Inspection
				  Requirements);
(3)
											40 CFR §
												265.16 ( Personnel Training);
(4) 40 CFR Part 265 , Subpart C;
(5) 40 CFR Part 265, Subpart D (except
				  §265.56(j)) and §
											335.113
				  of this title (relating to Reporting of Emergency Situations by Emergency
				  Coordinator); and
(6) 40 CFR Part
				  265, Subpart I.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter E - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.111 - Purpose, Scope, and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The purpose of this subchapter is to establish minimum requirements that define
				  the acceptable management of hazardous waste prior to the issuance or denial of
				  a hazardous waste permit and until certification of final closure or, if the
				  facility is subject to post-closure requirements, until post-closure
				  responsibilities are fulfilled. Except as provided in 40 Code of Federal
				  Regulations (CFR) §265.1080(b), this subchapter and the standards of
				  40 CFR
				  §§264.552,
				  264.553, and
				  264.554 apply to
				  owners and operators of hazardous waste storage, processing, or disposal
				  facilities who have fully complied with the requirements for interim status
				  under the Resource Conservation and Recovery Act (RCRA), §3005(e), except
				  as specifically provided for in §
										335.41
				  of this title (relating to Purpose, Scope and Applicability).
(b) United States Environmental Protection
				  Agency (EPA) Hazardous Waste Numbers F020, F021, F022, F023, F026, or F027 must
				  not be managed at facilities subject to regulation under this subchapter,
				  unless:
(1) the wastewater treatment sludge
				  is generated in a surface impoundment as part of the plant's wastewater
				  treatment system;
(2) the waste is
				  stored in tanks or containers;
(3)
				  the waste is stored or processed in waste piles that meet the requirements of
				  40
				  CFR §264.250(c) as well
				  as all other applicable requirements of
				  40 CFR Part
				  265, Subpart L, and §
											335.120
				  of this title (relating to Containment for Waste Piles);
(4) the waste is burned in incinerators that
				  are certified pursuant to the standards and procedures in
				  40
				  CFR §265.352; or
(5) the waste is burned in facilities that
				  thermally process the waste in a device other than an incinerator and that are
				  certified pursuant to the standards and procedures in
				  40
				  CFR §265.383.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter E - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.113 - Reporting of Emergency Situations by Emergency Coordinator

Current through Reg. 49, No. 28; July 12, 2024
If the emergency coordinator determines that the facility
					 has had a release, fire, or explosion which could threaten human health or the
					 environment outside the facility, he must report his findings as
					 follows.
(1) If his assessment
				  indicates that evacuation of local areas may be advisable, he must immediately
				  notify appropriate local authorities. He must be available to help appropriate
				  local officials decide whether local areas should be evacuated.
(2) He must immediately notify the commission
				  according to procedures set out in the State of Texas oil and hazardous
				  substances spill contingency plan. The report must include:
(A) name and telephone number of
				  reporter;
(B) name and address of
				  facility;
(C) time and place of
				  incident (e.g., release, fire);
(D)
				  name and quantity of material(s) involved, to the extent known;
(E) the extent of injuries, if any;
				  and
(F) the possible hazards to
				  human health or the environment outside 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 E - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.115 - Additional Reports

Current through Reg. 49, No. 28; July 12, 2024
In addition to submitting the waste reports described in
					 §
										335.15
					 of this title (relating to Recordkeeping and Reporting Requirements Applicable
					 to Owners and Operators of Storage, Processing, or Disposal Facilities) and the
					 reports described in this subchapter, the owner or operator must also report to
					 the executive director:
(1) releases,
				  fires, and explosions as specified in 40 Code of Federal Regulations (CFR)
				  §265.56(j);
(2) groundwater
				  contamination and monitoring data as specified in
				  40 CFR
				  §265.93 and §
										335.117 of this title (relating to
				  Recordkeeping and Reporting);
(3)
				  facility closure as specified in
				  40 CFR
				  §265.115; and
(4) as otherwise required by §
										335.112(a)(2)
				  of this title (relating to Standards), which incorporates the requirements of
				  40 CFR Part 265, Subparts AA and BB.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter E - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.116 - Applicability of Groundwater Monitoring Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) On November 19, 1981, the owner or
				  operator of a surface impoundment, landfill, or land treatment facility which
				  is used to manage hazardous waste must implement a groundwater monitoring
				  program capable of determining the facility's impact on the quality of
				  groundwater in the uppermost aquifer underlying the facility, except as
				  provided in subsection (c) of this section.
(b) Except as provided in subsections (c),
				  (d), and (g) of this section, the owner or operator must install, operate, and
				  maintain a groundwater monitoring system which meets the requirements of 40
				  Code of Federal Regulations (CFR) §265.91, and must comply with
				  40 CFR
				  §265.92 and §
										265.93,
				  and §
										335.117 of this title (relating to
				  Recordkeeping and Reporting). This groundwater monitoring program must be
				  carried out during the active life of the facility, and for disposal facilities
				  during the post-closure care period as well.
(c) All or part of the groundwater monitoring
				  requirements of this subchapter may be waived if the owner or operator can
				  demonstrate that there is a low potential for migration of hazardous waste or
				  hazardous waste constituents from the facility via the uppermost aquifer to
				  water supply wells (domestic, industrial, or agricultural) or to surface water.
				  This demonstration must be in writing and must be kept at the facility. This
				  demonstration shall be certified by a licensed professional geoscientist or
				  geotechnical engineer and must establish the following:
(1) the potential for migration of hazardous
				  waste constituents from the facility to the uppermost aquifer, by an evaluation
				  of:
(A) a water balance of precipitation,
				  evapotranspiration, runoff, and infiltration; and
(B) unsaturated zone characteristics (i.e.,
				  geologic materials, physical properties, and depth to groundwater);
				  and
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter E - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.117 - Recordkeeping and Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless the
				  groundwater is monitored to satisfy the requirements of 40 Code of Federal
				  Regulations (CFR) §265.93(d)(4), the owner or operator must:
(1) keep records of the analyses required in
				  40 CFR §265.92(c) and
				  (d), the associated groundwater surface
				  elevations required in
				  40 CFR
				  §265.92(e), and the
				  evaluations required in §
											335.93(b)
				  of this title (relating to Hazardous Waste Discharges) throughout the active
				  life of the facility, and, for disposal facilities, throughout the post-closure
				  care period as well; and
(2) report
				  the following groundwater monitoring information to the executive director:
(A) during the first year, when initial
				  background concentrations are being established for the facility,
				  concentrations or values of the parameters listed in
				  40 CFR
				  §265.92(b)(1) for each
				  groundwater monitoring well within 15 days after completing each quarterly
				  analysis. The owner or operator must separately identify for each monitoring
				  well any parameters whose concentration or value has been found to exceed the
				  maximum contaminant levels listed in Appendix III of 40 CFR Part 265.
(B) quarterly, during the initial year of
				  groundwater monitoring, concentrations or values of the parameters listed in
				  40 CFR §265.92(b)(2)
				  and (3) for each groundwater monitoring well.
				  Annually thereafter, concentrations or values of the parameters listed in
				  40 CFR
				  §265.92(b)(3) for each
				  groundwater monitoring well, along with the required evaluations for these
				  parameters under
				  40 CFR
				  §265.93(b). The owner
				  or operator must separately identify any significant differences from initial
				  background found in the upgradient wells, in accordance with
				  40 CFR
				  §265.93(c)(1). In
				  addition, concentration of the groundwater quality parameters listed in
				  40 CFR
				  §265.92(b)(2) shall be
				  reported annually.
(C) as a part of
				  the annual report, results of the evaluation of groundwater surface elevations
				  under
				  40 CFR
				  §265.93(f), and a
				  description of the response to that evaluation where applicable.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter E - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.118 - Closure Plan; Submission and Approval of Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in this section, the
				  owner or operator must submit his closure plan to the executive director in
				  accordance with the procedures outlined in 40 Code of Federal Regulations (CFR)
				  §265.112. The owner or operator must submit his closure plan to the
				  executive director no later than 15 days after:
(1) termination of interim status (except
				  when a permit is issued to the facility simultaneously with termination of
				  interim status); or
(2) issuance of
				  a judicial decree or compliance order under the Resource Conservation and
				  Recovery Act or Texas Health and Safety Code, Chapter 361, to cease receiving
				  wastes or close.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter E - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.119 - Post-Closure Plan; Submission and Approval of Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner or operator of a facility with
				  hazardous waste management units subject to the post-closure care requirements
				  in 40 Code of Federal Regulations (CFR) Part 265, Subpart G, must submit his
				  post-closure plan to the executive director at least 180 days before the date
				  he expects to begin partial or final closure of the first hazardous waste
				  disposal unit. The date when he expects to begin closure must be either within
				  30 days after the date on which the hazardous waste management unit receives
				  the known final volume of hazardous wastes or, if there is a reasonable
				  possibility that the hazardous waste management unit will receive additional
				  hazardous waste no later than one year after the date on which the unit
				  received the most recent volume of hazardous wastes. The owner or operator must
				  submit his post-closure plan to the executive director no later than 15 days
				  after:
(1) termination of interim status
				  (except when a permit is issued to the facility simultaneously with termination
				  of interim status); or
(2) issuance
				  of a judicial decree or compliance order under the Resource Conservation and
				  Recovery Act of 1976, §3008, as amended, or Texas Health and Safety Code,
				  Chapter 361, to cease receiving wastes or close.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter E - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.120 - Containment for Waste Piles

Current through Reg. 49, No. 28; July 12, 2024
If leachate or run-off from a pile is a hazardous waste,
					 then either:
(1) the pile must be
				  placed on an impermeable base that is compatible with the waste under the
				  conditions of treatment or storage; the owner or operator must design,
				  construct, operate, and maintain a run-on control system capable of preventing
				  flow onto the active portion of the pile during peak discharge from at least a
				  100-year storm; the owner or operator must design, construct, operate, and
				  maintain a run-off management system to collect and control at least the water
				  volume resulting from a 24-hour, 100-year storm; and collection and holding
				  facilities (e.g., tanks or basins) associated with run-on and run-off control,
				  systems must be emptied or otherwise managed expeditiously to maintain design
				  capacity of the system;
(2) the
				  pile is managed such that:
(A) the pile must
				  be protected from precipitation and run-on by some other means; and
(B) no liquids or wastes containing free
				  liquids may be placed in the pile.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter E - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.121 - General Operating Requirements (Land Treatment Facilities)

Current through Reg. 49, No. 28; July 12, 2024
(a) Hazardous waste
				  must not be placed in or on a land treatment facility unless the waste can be
				  made less hazardous or nonhazardous by degradation, transformation, or
				  immobilization processes occurring in or on the soil.
(b) The owner or operator must design,
				  construct, operate, and maintain a run-control system capable of preventing
				  flow on to the active portions of the facility during peak discharge from at
				  least a 100-year storm.
(c) The
				  owner or operator must design, construct, operate, and maintain a run-off
				  management system capable of collecting and controlling a water volume at least
				  equivalent to a 24-hour, 100-year storm.
(d) Collection and holding facilities (e.g.,
				  tanks or basins) associated with run-on and run-off control systems must be
				  emptied or otherwise managed expeditiously after storms to maintain design
				  capacity of the system.
(e) If the
				  treatment zone contains particulate matter which may be subject to wind
				  dispersal, the owner or operator must manage the unit to control wind
				  dispersal.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter E - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.122 - Recordkeeping

Current through Reg. 49, No. 28; July 12, 2024
The owner of a land treatment facility must keep records of
					 the application dates, application rates, quantities, and location of each
					 hazardous waste placed in the facility in the operating record required in 40
					 Code of Federal Regulations §265.73.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter E - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.123 - Closure and Post-Closure (Land Treatment Facilities)

Current through Reg. 49, No. 28; July 12, 2024
(a) In the closure plan under 40 Code of
				  Federal Regulations (CFR) §265.112 and the post-closure plan under
				  40 CFR
				  §265.118, the owner or operator must
				  address the following objectives and indicate how they will be achieved:
(1) control of the migration of hazardous
				  waste and hazardous waste constituents from the treated area into the
				  groundwater;
(2) control of the
				  release of contaminated run-off from the facility into surface water;
(3) control of the release of airborne
				  particulate contaminants caused by wind erosion; and
(4) compliance with
				  40 CFR
				  §265.276, concerning the growth of
				  food-chain crops.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter E - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.124 - General Operating Requirements (Landfills)

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner or operator must design,
				  construct, operate, and maintain a run-on control system capable of preventing
				  flow onto the active portion of the landfill during peak discharge from at
				  least a 100-year storm.
(b) The
				  owner or operator must design, construct, operate, and maintain a run-off
				  management system to collect and control at least the water volume resulting
				  from a 24-hour, 100-year storm.
(c)
				  Collection and holding facilities (e.g., tanks or basins) associated with
				  run-on and run-off control systems must be emptied or otherwise managed
				  expeditiously after storms to maintain design capacity of the system.
(d) The owner or operator of a landfill
				  containing hazardous waste which is subject to dispersal by wind must cover or
				  otherwise manage the landfill so that wind dispersal of the hazardous waste is
				  controlled.
(e) As required by 40
				  Code of Federal Regulations (CFR) §265.13, the waste analysis plan must
				  include analyses needed to comply with
				  40 CFR
				  §265.312 (concerning Special
				  Requirements for Ignitable or Reactive Waste) and
				  40 CFR
				  §265.313 (concerning Special
				  Requirements for Incompatible Wastes). The waste analysis plan must also
				  include analyses needed to comply with §
										335.125
				  of this title (relating to Special Requirements for Bulk and Containerized
				  Waste). As required by
				  40 CFR
				  §265.73 (concerning Operating Record),
				  the owner or operator must place the results of these analyses in the operating
				  record 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 E - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.125 - Special Requirements for Bulk and Containerized Waste

Current through Reg. 49, No. 28; July 12, 2024
(a) Effective May 8, 1985, the placement of
				  bulk or non-containerized liquid hazardous waste or hazardous waste containing
				  free liquids (whether or not sorbents have been added) in any landfill is
				  prohibited.
(b) A container holding
				  liquid waste or waste containing free liquids must not be placed in a landfill
				  unless:
(1) the container is designed to hold
				  liquids or free liquids for use other than storage, such as a capacitor or
				  battery;
(2) the container is very
				  small, such as an ampule; or
(3)
				  the container is disposed of in accordance with 40 Code of Federal Regulations
				  (CFR) §265.316.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter E - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.126 - Special Requirements for Containers

Current through Reg. 49, No. 28; July 12, 2024
(a) Containers must be crushed flat,
				  shredded, or similarly reduced in volume to the maximum extent practicable
				  before burial in a landfill.
(b)
				  Owners or operators must be in compliance with this section by November 19,
				  1981.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter E - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.127 - Cost Estimate for Closure

Current through Reg. 49, No. 28; July 12, 2024
In addition to the requirements of 40 Code of Federal
					 Regulations §265.142 (excluding
					 40 CFR
					 §265.142(a)(2)), the
					 closure cost estimate must be based on the costs to the owner or operator of
					 hiring a third party to close the facility. A third party is a party who is
					 neither a parent nor a subsidiary of the owner or operator (see the definition
					 of parent corporation in
					 40 CFR
					 §265.141(d)).
					 Notwithstanding other closure costs, such estimate must also include the costs
					 associated with third party removal, shipment off-site, and processing or
					 disposal off-site of the following wastes to an authorized storage, processing,
					 or disposal facility:
(1) maximum
				  inventory of wastes in storage and/or processing units, including but not
				  limited to, storage surface impoundments, waste piles, tanks, and
				  containers;
(2) wastes generated as
				  a result of closure activities (e.g. decontamination, removal of liquids from
				  surface impoundments, or waste piles);
(3) contaminated stormwater; or
(4) leachate.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter E - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.128 - Financial Assurance

Current through Reg. 49, No. 28; July 12, 2024
(a) Before
				  hazardous waste may be stored, processed, or disposed of at a solid waste
				  facility subject to this subchapter, the owner or operator must:
(1) establish financial assurance for the
				  amount of the closure cost estimate in a manner that meets the requirements of
				  Chapter 37, Subchapter P of this title (relating to Financial Assurance for
				  Hazardous and Nonhazardous Industrial Solid Waste Facilities), in addition to
				  the requirements specified in §
											335.112(a)(7)
				  of this title (relating to Standards).
(2) establish financial assurance for the
				  amount of the post closure cost estimate in a manner that meets the
				  requirements of Chapter 37, Subchapter P of this title, in addition to the
				  requirements specified in §
											335.112(a)(7)
				  of this title, if the facility:
(A) includes a
				  disposal facility;
(B) includes a
				  pile, and/or surface impoundment from which the owner or operator intends to
				  remove the wastes at closure, to the extent that these sections are made
				  applicable to such facilities in §
												335.112 of
				  this title;
(C) includes a tank
				  system that is required under §
												335.112 of
				  this title to meet the requirements for landfills;
(D) includes a containment building that is
				  required under §
												335.112 of
				  this title to meet the requirements for landfills; or
(E) is notified by the executive director of
				  the need for post closure financial assurance for another type of
				  unit.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter F - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.153 - Reporting of Emergency Situations by Emergency Coordinator

Current through Reg. 49, No. 28; July 12, 2024
If the emergency coordinator determines that the facility
					 has had a release, fire, or explosion which could threaten human health, or the
					 environment outside the facility, he must report his findings as
					 follows.
(1) If his assessment
				  indicates that evacuation of local areas may be advisable, he must immediately
				  notify appropriate local authorities. He must be available to help appropriate
				  local officials decide whether local areas should be evacuated.
(2) He must immediately notify the commission
				  according to procedures set out in the State of Texas oil and hazardous
				  substances spill contingency plan. The report must include:
(A) name and telephone number of
				  reporter;
(B) name and address of
				  facility;
(C) time and place of
				  incident (e.g., release, fire);
(D)
				  name and quantity of material(s) involved, to the extent known;
(E) the extent of injuries, if any;
				  and
(F) the possible hazards to
				  human health, or the environment, outside 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 F - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.155 - Additional Reports

Current through Reg. 49, No. 28; July 12, 2024
In addition to submitting the waste reports described in
					 §
										335.15
					 of this title (relating to Recordkeeping and Reporting Requirements Applicable
					 to Owners or Operators of Treatment, Storage, or Disposal Facilities), the
					 owner or operator must also report to the executive director:
(1) releases, fires, and explosions as
				  specified in 40 Code of Federal Regulations (CFR) §264.56(i);
(2) facility closure as specified in
				  40 CFR
				  §264.115;
(3) as otherwise required by 40 CFR Part 264,
				  Subparts F, K - N, X, AA, BB, and CC.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter F - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.157 - Required Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) Owners and
				  operators subject to §
										335.156
				  of this title (relating to Applicability of Groundwater Monitoring and
				  Response); this section, and §§
										335.158-335.166
				  of this title (relating to Groundwater Protection Standard; Hazardous
				  Constituents; Concentration Limits; Point of Compliance; Compliance Period;
				  General Groundwater Monitoring Requirements; Detection Monitoring Program;
				  Compliance Monitoring Program; and Corrective Action Program) must conduct a
				  monitoring and response program as follows.
(1) Whenever hazardous constituents under
				  §
											335.159 of
				  this title (relating to Hazardous Constituents) from a regulated unit are
				  detected at the compliance point under §
											335.161 of
				  this title (relating to Point of Compliance), the owner or operator must
				  institute a compliance monitoring program under §
											335.165
				  of this title (relating to Compliance Monitoring Program). "Detection" is
				  defined as statistically significant evidence of contamination as described in
				  §
											335.164(6)
				  of this title (relating to Detection Monitoring Program).
(2) Whenever the groundwater protection
				  standard under §
											335.158
				  of this title (relating to Groundwater Protection Standard) is exceeded, the
				  owner or operator must institute a corrective action program under §
											335.166
				  of this title (relating to Corrective Action Program). "Exceeded" is defined as
				  statistically significant evidence of increased contamination as described in
				  §
											335.165(4)
				  of this title (relating to Compliance Monitoring Program).
(3) Whenever hazardous constituents under
				  §
											335.159 of
				  this title (relating to Hazardous Constituents) from a regulated unit exceed
				  concentration limits under §
											335.160 of
				  this title (relating to Concentration Limits) in groundwater between the
				  compliance point under §
											335.161 of
				  this title (relating to Point of Compliance) and the downgradient facility
				  property boundary, the owner or operator must institute a corrective action
				  program under §
											335.166
				  of this title (relating to Corrective Action Program).
(4) In all other cases, the owner or operator
				  must institute a detection monitoring program under §
											335.164
				  of this title (relating to Detection Monitoring Program).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter F - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.158 - Groundwater Protection Standard

Current through Reg. 49, No. 28; July 12, 2024
The owner or operator must comply with conditions specified
					 in the facility permit that are designed to ensure that hazardous constituents
					 under §
										335.159 of
					 this title (relating to Hazardous Constituents) which have been detected in the
					 groundwater from a regulated unit do not exceed the concentration limits under
					 §
										335.160 of
					 this title (relating to Concentration Limits) in the uppermost aquifer
					 underlying the waste management area beyond the point of compliance during the
					 compliance period under §
										335.162 of this
					 title (relating to Compliance Period). The commission will establish this
					 groundwater protection standard in the compliance plan when hazardous
					 constituents have been detected in the groundwater from a regulated
					 unit.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter F - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.159 - Hazardous Constituents

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission will specify in the compliance plan the hazardous constituents to
				  which the groundwater protection standard of §
										335.158
				  of this title (relating to Groundwater Protection Standard) applies. Hazardous
				  constituents are constituents identified in Appendix VIII of 40 Code of Federal
				  Regulations Part 261 that have been detected in groundwater in the uppermost
				  aquifer underlying a regulated unit and that are reasonably expected to be in
				  or derived from waste contained in a regulated unit, unless the commission has
				  excluded them under subsection (b) of this section.
(b) The commission will exclude an Appendix
				  VIII constituent from the list of hazardous constituents specified in the
				  compliance plan if it finds that the constituent is not capable of posing a
				  substantial present or potential hazard to human health or the environment. In
				  deciding whether to grant an exemption, the commission will consider the
				  following:
(1) potentially adverse effects on
				  groundwater quality, considering:
(A) the
				  physical and chemical characteristics of the waste in the regulated unit,
				  including its potential for migration;
(B) the hydrogeological characteristics of
				  the facility and surrounding land;
(C) the quantity of groundwater and the
				  direction of groundwater follows;
(D) the proximity and withdrawal rates of
				  groundwater users;
(E) the current
				  and future uses of groundwater in the area;
(F) the existing quality of groundwater,
				  including other sources of contamination and their cumulative impact on the
				  groundwater quality;
(G) the
				  potential for health risks caused by human exposure to waste
				  constituents;
(H) the potential
				  damage to wildlife, crops, vegetation, and physical structures caused by
				  exposure to waste constituents;
(I)
				  the persistence and permanence of the potentially adverse effects;
				  and
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter F - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.160 - Concentration Limits

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  will specify in the compliance plan concentration limits in the groundwater for
				  hazardous constituents established under §
										335.159 of
				  this title (relating to Hazardous Constituents). The concentration of a
				  hazardous constituent:
(1) must not exceed
				  the background level of that constituent in the groundwater at the time that
				  limit is specified in the plan;
(2)
				  for any of the constituents listed in Table 1 of subsection (b)(1) of this
				  section, must not exceed the respective value given in that table if the
				  background level of the constituent is below the value given in Table 1;
				  or
(3) must not exceed an alternate
				  limit established by the commission under subsection (b) of this
				  section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter F - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.161 - Point of Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission will specify in the facility permit the point of compliance at which
				  the groundwater protection standard of §
										335.158
				  of this title (relating to Groundwater Protection Standard) applies and at
				  which monitoring must be conducted. The point of compliance is a vertical
				  surface located at the hydraulically downgradient limit of the waste management
				  area that extends down into the uppermost aquifer underlying the regulated
				  units.
(b) The waste management
				  area is the limit projected in the horizontal plane of the area on which waste
				  will be placed during the active life of a regulated unit.
(1) The waste management area includes
				  horizontal space taken up by any liner, dike, or other barrier designed to
				  contain waste in a regulated unit.
(2) If the facility contains more than one
				  regulated unit, the waste management area may be described in the following
				  manner:
(A) by an imaginary line
				  circumscribing the several regulated units;
(B) by an imaginary line circumscribing
				  geographically proximate regulated units;
(C) by an imaginary line circumscribing
				  individually regulated units; or
(D) a combination of subparagraphs (B) and
				  (C) of this paragraph.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter F - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.162 - Compliance Period

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  will specify in the compliance plan the compliance period during which the
				  groundwater protection standard of §
										335.158
				  of this title (relating to Groundwater Protection Standards) applies. The
				  compliance period is the number of years equal to the active life of the waste
				  management area (including any waste management activity prior to permitting
				  and the closure period).
(b) The
				  compliance period begins when the owner or operator initiates a compliance
				  monitoring program meeting the requirements of §
										335.165
				  of this title (relating to Compliance Monitoring Program).
(c) If the owner or operator is engaged in a
				  corrective action program at the end of the compliance period specified in
				  subsection (a) of this section, the compliance period is extended until the
				  owner or operator can demonstrate that the groundwater protection standard of
				  §
										335.158
				  of this title (relating to Groundwater Protection Standard) has not been
				  exceeded for a period of three consecutive years.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter F - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.163 - General Groundwater Monitoring Requirements

Current through Reg. 49, No. 28; July 12, 2024
If a facility contains more than one waste management area,
					 separate groundwater monitoring systems must be installed. The owner or
					 operator must comply with the following requirements for any groundwater
					 monitoring program developed to satisfy §§
										335.164-
					 335.166
					 of this title (relating to Detection Monitoring Program; Compliance Monitoring
					 Program; and Corrective Action Program).
(1) The groundwater monitoring system must
				  consist of a sufficient number of wells, installed at appropriate locations and
				  depths to yield groundwater samples from the uppermost aquifer that:
(A) represent the quality of background
				  groundwater that has not been affected by leakage from a regulated unit:
(i) a determination of background groundwater
				  quality may include sampling of wells that are not hydraulically upgradient of
				  the waste management area where hydrogeologic conditions do not allow the owner
				  or operator to determine what wells are hydraulically upgradient; and
(ii) sampling at other wells will provide an
				  indication of background groundwater quality that is representative or more
				  representative than that provided by the upgradient wells;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter F - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.164 - Detection Monitoring Program

Current through Reg. 49, No. 28; July 12, 2024
An owner or operator required to establish a detection
					 monitoring program must, at a minimum, discharge the following
					 responsibilities:
(1) The owner or
				  operator must monitor for indicator parameters (e.g., specific conductance,
				  total organic carbon, or total organic halogen), waste constituents, or
				  reaction products that provide a reliable indication of the presence of
				  hazardous constituents in groundwater. The commission will specify the
				  parameters or constituents to be monitored in the facility permit, after
				  considering the following factors:
(A) the
				  types, quantities, and concentrations of constituents in wastes managed at the
				  regulated unit;
(B) the mobility,
				  stability, and persistence of waste constituents or their reaction products in
				  the unsaturated zone beneath the waste management area;
(C) the detectability of indicator
				  parameters, waste constituents, and reaction products in groundwater;
				  and
(D) the concentrations or
				  values and coefficients of variation of adopted monitoring parameters or
				  constituents in the groundwater background.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter F - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.165 - Compliance Monitoring Program

Current through Reg. 49, No. 28; July 12, 2024
An owner or operator required to establish a compliance
					 monitoring program must, at a minimum, discharge the following
					 responsibilities.
(1) The owner or
				  operator must monitor the groundwater to determine whether regulated units are
				  in compliance with the groundwater protection standard under §
										335.158
				  of this title (relating to Groundwater Protection Standard). The commission
				  will specify the groundwater protection standard in the compliance plan,
				  including:
(A) a list of the hazardous
				  constituents identified under §
											335.159 of
				  this title (relating to Hazardous Constituents);
(B) concentration limits under §
											335.160 of
				  this title (relating to Concentration Limits) for each of those hazardous
				  constituents;
(C) the compliance
				  point under §
											335.161 of
				  this title (relating to Point of Compliance); and
(D) the compliance period under §
											335.162 of this
				  title (relating to Compliance Period).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter F - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.166 - Corrective Action Program

Current through Reg. 49, No. 28; July 12, 2024
An owner or operator required to establish a corrective
					 action program must, at a minimum, discharge the following
					 responsibilities.
(1) The owner or
				  operator must take corrective action to ensure that regulated units are in
				  compliance with the groundwater protection standard under §
										335.158
				  of this title (relating to Groundwater Protection Standard). The commission
				  will specify the groundwater protection standard in the compliance plan,
				  including:
(A) a list of the hazardous
				  constituents identified under §
											335.159 of
				  this title (relating to Hazardous Constituents);
(B) concentration limits under §
											335.160 of
				  this title (relating to Concentration Limits) for each of those hazardous
				  constituents;
(C) the compliance
				  point under §
											335.161 of
				  this title (relating to Point of Compliance); and
(D) the compliance period under §
											335.162 of this
				  title (relating to Compliance Period).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter F - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.168 - Design and Operating Requirements (Surface Impoundments)

Current through Reg. 49, No. 28; July 12, 2024
(a) Any surface impoundment that is not
				  covered by subsection (c) of this section or 40 Code of Federal Regulations
				  (CFR) §265.221 must have a liner for all portions of the impoundment
				  (except for existing portions of such impoundments). The liner must be
				  designed, constructed, and installed to prevent any migration of wastes out of
				  the impoundment to the adjacent subsurface soil or groundwater or surface water
				  at any time during the active life (including the closure period) of the
				  impoundment. The liner may be constructed of materials that may allow wastes to
				  migrate into the liner (but not into the adjacent subsurface soil or
				  groundwater or surface water) during the active life of the facility, provided
				  that the impoundment is closed in accordance with §
										335.169(a)(1)
				  of this title (relating to Closure and Post-Closure Care (Surface
				  Impoundments)). For impoundments that will be closed in accordance with §
										335.169(a)(2)
				  of this title, the liner must be constructed of materials that can prevent
				  wastes from migrating into the liner during the active life of the facility.
				  The liner must be:
(1) constructed of
				  materials that have appropriate chemical properties and sufficient strength and
				  thickness to prevent failure due to pressure gradients (including static head
				  and external hydrogeologic forces), physical contact with the waste or leachate
				  to which they are exposed, climatic conditions, the stress of installation, and
				  the stress of daily operation;
(2)
				  placed upon a foundation or base capable of providing support to the liner and
				  resistance to pressure gradients above and below the liner to prevent failure
				  of the liner due to settlement, compression, or uplift; and
(3) installed to cover all surrounding earth
				  likely to be in contact with the waste or leachate.