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 335.156 - Applicability of Groundwater Monitoring and Response

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in subsection (b) of
				  this section, the rules pertaining to groundwater monitoring and response apply
				  to owners and operators of facilities that process, store, or dispose of
				  hazardous waste.
(1) The owner or operator
				  must satisfy those requirements of paragraph (2) or (3) of this subsection for
				  all wastes (or constituents thereof) contained in any such waste management
				  unit at the facility, regardless of the time at which waste was placed in the
				  units.
(2) Except as provided in
				  paragraph (3) of this subsection, all solid waste management units must comply
				  with the requirements in §
											335.167
				  of this title (relating to Corrective Action for Solid Waste Management Units).
				  A surface impoundment, waste pile, land treatment unit, or landfill that
				  receives hazardous waste after July 26, 1982, (hereinafter referred to as a
				  regulated unit) must comply with the requirements of §§
											335.157-
				  335.166
				  of this title (relating to Required Program; 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) in lieu
				  of §
											335.167
				  of this title for purposes of detecting, characterizing, and responding to
				  releases to the uppermost aquifer. The financial responsibility requirements of
				  §
											335.167
				  of this title apply to regulated units.
(3) The commission may replace all or part of
				  the requirements of §§
											335.157-
				  335.166
				  of this title with alternative requirements for groundwater monitoring and
				  corrective action for releases to groundwater set out in the permit or in a
				  post-closure order where the commission determines that:
(A) a regulated unit is situated among solid
				  waste management units or area of concern, a release has occurred, and both the
				  regulated unit and one or more solid waste management unit(s) or area of
				  concern are likely to have contributed to the release; and
(B) it is not necessary to apply the
				  groundwater monitoring and corrective action requirements of §§
												335.157-
				  335.166
				  of this title because the alternative requirements will be protective of human
				  health and the environment.
(4) If a permitted facility obtains an order
				  setting out alternative requirements provided in §
											335.151(e)
				  of this title (relating to Purpose, Scope, and Applicability), then the
				  alternative requirements shall also be referenced in the facility's
				  permit.