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 335.21 - Procedures for Variances from Classification as a Solid Waste or to Be Classified as a Boiler or for Non-Waste Determinations

Current through Reg. 49, No. 28; July 12, 2024
The executive director will use the following procedures in
					 evaluating applications for variances from classification as a solid waste,
					 applications to classify particular enclosed flame combustion devices as
					 boilers, and applications for non-waste determinations:
(1) the owner or operator must apply to the
				  executive director for the variance. The application must address the relevant
				  criteria contained in §
										335.19
				  of this title (relating to Standards and Criteria for Variances from
				  Classification as a Solid Waste) or §
										335.20
				  of this title (relating to Variance To Be Classified as a Boiler);
(2) the owner or operator must apply to the
				  executive director for the non-waste determination. The application must
				  address the relevant criteria referenced in §
										335.32
				  of this title (relating to Standards and Criteria for Non-Waste
				  Determinations);
(3) the executive
				  director will evaluate the application and issue a draft notice tentatively
				  granting or denying the application. Notification of this tentative decision
				  will be provided by newspaper advertisement or radio broadcast in the locality
				  where the recycler is located. The executive director will accept comment on
				  the tentative decision for 30 days, and may also hold a public meeting upon
				  request or at his discretion. The executive director will issue a final
				  decision after receipt of comments and after the public meeting (if any). Any
				  person affected by a final decision of the executive director may file with the
				  chief clerk a motion to overturn, in accordance with §
										50.139
				  of this title (relating to Motion to Overturn Executive Director's
				  Decision);
(4) in the event of a
				  change in circumstances that affect how a hazardous secondary material meets
				  the relevant criteria contained in §§
										335.19,
				  335.20,
				  or
				  335.32
				  of this title, upon which a variance or non-waste determination has been based,
				  the applicant must send a written description of the change in circumstances to
				  the executive director. The executive director may issue a determination that
				  the hazardous secondary material continues to meet the relevant criteria of the
				  variance or non-waste determination or may require the facility to re-apply for
				  the variance or non-waste determination;
(5) variances and non-waste determinations
				  shall be effective for a fixed term not to exceed ten years. No later than six
				  months prior to the end of this term, owners or operators of facilities must
				  re-apply for a variance or non-waste determination. If an owner or operator of
				  a facility re-applies for a variance or non-waste determination within six
				  months, the owner or operator of the facility may continue to operate under an
				  expired variance or non-waste determination until receiving a decision on their
				  re-application from the executive director; and
(6) owners or operators of facilities
				  receiving a variance or non-waste determination must provide notification as
				  required by §
										335.26
				  of this title (relating to Notification Requirements for Hazardous Secondary
				  Materials).