Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986 Page: 1,194
1163-1244 p. ; 28 cm.View a full description of this periodical.
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cable, desc-ribed in enough detail to allow
evaluation of the water and environmental
quality considerations involved;
(C) such other information as
reasonably may be required by the executive
director for an adequate understanding of
the project or operation, and which is nec-
essary to provide the commission an ade-
quate opportunity to make the considera-
tions required by 331.121 of this title
(relating to Class I Wells), 331.122 of this
title (relating to Class III Wells), 305.50 of
this title (relating to Additional Requirements
for an Application for a Solid Waste Per-
mit), and 305.48 of this title (relating to Ad-
ditional Contents of Applications for Waste
Discharge Permits).
(b) Only one application needs to be
filed for each geographical location in which
waste is or will be disposed of or discharged
from, even though there may be more than
one outfall, place of deposit, or other place
of disposal covered in the application.
305.46. Designation of Material as Con-
fidential.
(a) Certain material submitted to the
commission may be determined to be confi-
dential and withheld from public review. The
applicant shall identify any material for
which confidentiality is requested.
(b) Each clain of confidentiality must
be made upon submission of the material
with the application, or the material will be
considered available for public review.
(c) Reasons of confidentiality include
the protection of trade secrets and similar in-
terests which give a person the right to
preserve confidentiality of commercial infor-
mation in order to obtain or retain advan-
tages from any proprietary right in the in-
formation. This includes authorizations
under 5 United States Code 552(b)(4), 18
United States Code 1905, and special rules
cited in 40 Code of Federal Regulations
2.301-2.309.
(d) The executive director will review
each claim of confidentiality. If a claim is
not approved, the applicant will be notified
and informed whether the material is essen-
tial to the application. The applicant may
elect to withdraw any material submitted
with an application.
(e) The name and address of an ap-
plicant or permittee will not be considered
confidential.
(f) For injection well applications, in-
formation which deals with the existence,
absence, or levels of contaminants in drink-
ing water will not be considered confidential.
(g) This section shall not be construed
so as to make confidential any effluent data,
including effluent data in permits, draft per-
mits, and permit applications; nor shall this
section be construed so as to preclude nec-
essary discovery of relevant information by
any party to a contested hearing before the
commission.
305.47. Retention of Application Data.
A permittee shall keep records, throughoutthe term of the permit of all data used to
complete applications and any supplemen-
tal information.
305,.48. Additional Contents of Applica-
tions for Waste Discharge Permits. The
following shall be included in an application
for a waste discharge permit.
(1) If the application is for the dis-
posal of any waste into or adjacent to a
watercourse, the application shall show the
ownership of the tracts of land adjacent to
the treatment facility and for a reasonable
distance along the watercourse from the pro-
posed point of discharge. The applicant shall
list on a map, or in a separate sheet attached
to a m:ap, the names and addresses of the
owners of such tracts of land as can be deter-
mined from the current county tax rolls or
other reliable sources. As part of an applica-
tion, the applicant shall also submit an af-
fidavit which lists the names and addresses
of the owners of tracts of land depicted on
the map required by 305.45 of this title
(relating to Contents of Application for Per-
mit) and shall include the source of the list.
(2) The apphcant shall submit any
other information reasonably required by the
executive director to ascertain whether the
facility will be constructed and operated in
compliance with all pertinent state and fed-
eral statutes.
305.49. Additional Contents of Applica-
tion for an Injection Well Permit.
(a) The following shall be included in
an application for an injection well permit:
(1) for Class I wells, as defined in
Chapter 331 of this title (relating to Under-
ground Injection Control), the information
listed in 331.121 of this title (relating to
Class I Wells);
(2) for Class III wells, as defined in
Chapter 331 of this title (relating to Under-
ground Injection Control), the information
listed in 331.122 of this title (relating to
Class III wells);
(3) the manner in which compliance
with the financial responsibility requirement
of 305.153 of this title (relating to Finan-
cial Responsibility) will be attained;
(4) a plugging and abandonment
plan;
(5) a letter from the Railroad Com-
mission of Texas stating that the drilling of
a disposal well and the injection of the waste
into the subsurface stratum selected for dis-
posal will not endanger or injure any oil or
gas formation;
(6) for Class III wells, a description
of all liquid and solid nonradioactive wastes
resulting from mining activities;
(7) a complete delineation of any
aquifer or portion of an aquifer for which
exempt status is sought; and
(8) any other information reason-
ably required by the executive director to
evaluate the proposed injection well or
project.
(b) An application for production
area authorization shall be submitted withand contain the following for each produc-
tion area:
(1)
(2)
(3)
(4)
(5)
(6)mine plan;
a restoration table;
a baseline water quality table;
control parameter upper limits;
monitor well locations; and
other information reasonablyrequired by the executive director to evaluate
the application.
305.50. Additional Requirements for an
Application for a Solid Waste Permit. Un-
less otherwise stated, an application for a
permit to store, process, or dispose of solid
waste, shall meet the following requirements.
(1) Six copies of the permit applica-
tion shall be submitted on forms provided
by or approved by the executive director and
shall be accompanied by a like number of
copies of all required exhibits.
(2) Plans and specifications for the
construction and operation of the facility
and the staffing pattern for the facility shall
be submitted, including the qualifications of
all key operating personnel. Also to be sub-
mitted is the closing plans fo the solid waste
storage, processing, or disposal facility. The
information provided shall be sufficiently
detailed and complete to allow the executive
director to ascertain whether the facility will
be constructed and operated in compliance
with all pertinent state and local air, water,
public health, and solid waste statutes.
(3) Any other information as the
executive director may deem necessary to
determine whether the facility and the opera-
tion thereof will comply with the require-
ments of the Texas Solid Waste Disposal Act
and Chapter 336 of this title (relating to In-
dustrial Solid Waste and Municipal Hazard-
ous Waste), shall be included.
(4) In the case of an application for
a permit to store, process, or dispose of
hazardous waste, the application shall also
contain any additional information required
by 40 Code of Federal Regulations 270.13-
270.21. At any time after the effective date
of the requirements contained in Chapter
336, Subchapter F of this title (relating to
Permitting Standards for Owners and Op-
erators of Hazardous Waste Storage, Pro-
cessing or Disposal Facilities), the executive
director may require the owner or operator
of an existing hazardous waste management
facility to submit that portion of his applica-
tion containing the information specified in
40 Code of Federal Regulations 270.14-
270.21. Any owner or operator shall be
allowed a reasonable period of time from the
date of the request to submit the informa-
tion. An application for a new hazardous
waste management facility must be submit-
ted at least 180 days before physical con-
struction of the facility is expected to
commence.
(5) An application for a new hazard-
ous waste landfill which is filed after January
1, 1986, must include an engineering report
which evaluates the benefits, if any, associated11 TexReg 1194 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/m1/32/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.