Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986 Page: 1,192
1163-1244 p. ; 28 cm.View a full description of this periodical.
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ist which make it necessary to take action
more expeditiously than is otherwise provided
by this section, the executive director may
authorize the discharge of untreated or par-
tially treated wastewater from a permitted
facility into or adjacent to water in the state
if he determines that the discharge is un-
avoidable to prevent loss of life, serious in-
jury, severe property damage, or severe eco-
nomic loss, or to make necessary and unfore-
seen repairs to the facility, that there are no
feasible alternatives to the discharge, and
that the discharge will not cause significant
hazard to human life and health, unreason-
able damage to property of persons other
than the applicant, or unreasonable econo-
mic loss to persons other than the applicant.
If the executive director issues an authoriza-
tion to discharge under this authority, the
commission shall hold a hearing as provided
for in 305.23(b) of this title (relating to
Emergency Orders) as soon as practicable,
but in no event later than 10 days after is-
suance of the authorization, to affirm,
modify, or set aside the authorization.
305.26. Hearings fobr Temporary Orders,
Executive Director Authorizations, and
Emergency Orders.
(a) At the hearing for an executive
director authorization or commission emer-
gency order, the commission shall affirm,
modify, or set aside the authorization or
emergency order. For any hearing on a tem-
porary order, executive director autho-
rization, or emergency order, the following
procedures will apply.
(1) Parties will be designated by the
commission. To be designated as a party, the
person seeking party status must show a jus-
ticiable interest. For each hearing under this
section, the applicant, the public interest ad-
vocate of the commission, and the executive
director of the commission are designated as
parties by rule.
(2) The testimony of all witnesses
will be under oath, with an opportunity for
questioning by the commission and cross-
examination by the other parties.
(3) Other parties to the hearing will
be given an opportunity to present rebuttal
evidence and testimony.
(4) The apphcgnt will have the bur-
den of proving its need for an authorization
or emergency order, and will have the right
to open and close the evidentiary parts of the
hearing; the fact that the executive director
has authorized such discharge under 305.25
of this title (relating to Executive Director
Authorizations to Discharge), standing
alone, will not constitute evidence of the
need for such authorization.
(5) The commission will have the
right to limit the number of witnesses; to
limit the time for direct questioning or cross-
examination of a witness; to refuse illus-
trative and documentary evidence; and to
limit argument.
(b) On or before the date set for hear-
ing by the commission to affirm, modify, orset aside an executive director authorization,
the applicant shall submit a sworn applica-
tion supporting such authorization, as spe-
cified under 305.22(a) of this title (relating
to Application for Orders on Authorizations
to Discharge).
305.27. Application Fees.
(a) The application fee for an emer-
gency order to discharge under 305.23 of
thins title (relating to Eiergency Orders) or
for a solid waste activity under 305.29 of
this title (relating to Emergency Orders for
Solid Waste Activities) or 305.30 of this title
(relating to Emergency Actions Concerning
Hazardous Waste), or a temporary order
under 305.22 of this title (relating to Ap-
plication for Orders or Authorizations to
Discharge) is $100 plus the cost of required
notice. The fee is payable at the time the ap-
plication is filed.
(b) The application fee for an exec-
utive director authorization is $100 plus the
cost of required notice. The fee is payable,
along with the sworn application required by
305.22 of this title (relating to Application
for Orders or Authorizations to Discharge),
before the date of the commission's public
hearing to consider the authorization.
305.28. Renewals of Emergency Orders
and Temporary Orders. The duration of
any discharge emergency order or temporary
order issued pursuant to this chapter shall
not exceed 180 days, but the orders may be
renewed one time upon proper application.
Applications for renewal may be filed with
the commission, along with payment of the
temporary order application fee. Renewal
applications will be treated as new applica-
tions and the temporary order application
procedures of this chapter will be followed.
305.29. Emergency Orders for Solid Waste
Activities.
(a) The commission may issue an
emergency order, either mandatory or pro-
hibitory in nature, regarding any activity of
solid waste management within its jurisdic-
tion, whether such activity is covered by a per-
mit or not, if the commission determines that
an emergency exists requiring immediate ac-
tion to protect the public health and safety
or the environment. The order may be issued
without notice and hearing, or with such
notice and hearing as the commission deems
practicable under the circumstances.
(b) If an emergency order is issued
without a hearing, the commission shall fix
a time and place for a hearing to be held by
the commission in accordance with commis-
sion rules, so as to affirm, modify, or set
aside the emergency order.
(c) The requirements of the Texas Solid
Waste Disposal Act, Texas Civil Statutes, Ar-
ticle 4477-7, 4(e)(4), relating to public notice,
do not apply to a hearing to affirm, modify,
or set aside an emergency order issued under
this section, but such general notice of the
hearing shall be given in accordance with
commission rules.(d) Any emergency order issue wuadcr
this section shall not exceed' 90 days in dura-
tion, but may be renewed.
30.30. Emergency Actions Concerning
Hazardous Waste.
(a) Whenever there is good reason to
believe that the storage, processing, or dis-
posal of hazardous waste should be autho-
rized in order to alleviate an imminent and
substantial endangerment to human health or
safety or the environment and if there are no
alternative, permitted facilities that are
reasonably available for the proper manage-
ment of the waste, the commission, on its
own motion or the request of the executive
director or any other party, may issue an
emergency order authorizing the processing,
storage, or disposal of the hazardous waste
at a nonpermitted facility or at a permitted
facility with no authorization under its per-
mit to receive the hazardous waste in need of
immediate management. The order may be
issued without notice and hearing, or with
such notice and hearing as the commission
deems practicable under the circumstances.
(b) A party, other than the executive
director, requesting an emergency order ap-
proving the storage, processing, or disposal
of hazardous waste, shall file a written request
with the executive director setting forth the
reason for the request, including a descrip-
tion of the imminent and substantial endan-
germent to human health ot safety or the en-
vironment, and alternatives investigated.
(c) The executive director shall review
the request and may require the applicant for
an emergency order to supply additional in-
formation as may be reasonably required to
assist the commission in making the necessary
findings set out in subsection (a) of this
section.
(d) The executive director shall forward
the request for an emergency order with the
executive director's recommendation, includ-
ing any proposed emergency order and find-
ings.
(e) Any emergency order issued by
commission under this section:
(1) shall not exceed 90 days in
duration;
(2) shall clearly specify the hazard-
ous wastes to be received, and the manner
and location of their processing, storage, or
disposal;
(3) may be terminated by the com-
mission at any time without notice and hear-
ing if it determines that termination is ap-
propriate to protect human health or the en-
vironment; and
(4) shall incorporate, to the extent
possible and not inconsistent with the emer-
gency situation, all applicable requirements
of this chapter and Chapter 336 of this title
(relating to Industrial Solid Waste and Muni-
cipal Hazardous Waste).
(f) Notice and hearing shall be pro-
vided in accordance with 305.24 of this title
(relating to Notice). The notice of hearing
shall include:11 TeReg 1192 March 11, 1986
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Texas. Secretary of State. Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986, periodical, March 11, 1986; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243767/m1/30/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.