Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986 Page: 1,208
1163-1244 p. ; 28 cm.View a full description of this periodical.
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(1) This pemit amendment may pro-
ceed as a minor amendment under 305.62
(c) of this title (relating to Amendment), pro-
vided any such change is minor, or other-
wise will proceed as an amendment under
305.62(d) of this title (relating to Amend-
ment).
(2) If no amendments of the second
phase of the pennit are necessary, or if only
minor amendments are necessary and have
been made, the commission shall give notice
in accordance with 305.96(b) of this title
(relating to Action On Application For
Amendment). The second phase of the per-
mit then will become effective as specified
in Texas Civil Statutes, Article 6252-13, and
the rules of the commission.
(3) If amendments under,305.62(d)
of this title (relating to Amendment) are
necessary, the second phase of the permit
will become effective only after those amend-
ments have been made.
Issued in Austin, Texas, on February 25, 1988.
TRD-8602001 James K. Rourke, Jr.
General Counsel
lexas Water Commission
Effective date: March 3, 1986
Expiration date: July 1, 1988
For further Information, please call
(512) 483-8070.
Subchapter K. Research,
Development, and
Demonstration Permits
*31 TAC 305.191-305.194
The new sections are adopted on an emer-
genoy basis under the Texas Water Code,
5.103 and 5.105, which provides the
Texas Water Commission with the autho-
rity to adopt any rules necessary to carry
out its powers and duties under the Texas
Water Code and other laws of the state.
305.191. Applicability and Scope. The
commission may issue a research, develop-
ment, and demonstration permit for any
hazardous waste treatment facility which
proposes to utilize an innovative and ex-
perimental hazardous waste treatment tech-
nology or process for which permit standards
for such experimental activity have not been
promulgated under 40 Code of Federal Reg-
ulations Parts 264 or 266. Any such permit
shall include such terms and conditions as
will assure protection of human health or
safety and the environment. Such permits:
(1) shall provide for the construc-
tion of such facilities as necessary, and for
operation of the facility for not longer than
one year unless renewed as provided in
305.194 of this title (relating to Renewal);
(2) shall provide for the receipt and
treatment by the facility of only those types
and quantities of hazardous waste which the
commission deems necessary for purposes of
determining the efficacy and performancecapabilities of the technology or process and
the effects of such technology or process on
human health and safety and the environ-
ment; and
(3) shall include such requirements
as the commission deems necessary to pro-
tect human health and safety and the envi-
ronment, including, but not limited to, re-
quirements regarding monitoring, operation,
financial responsibility closure, and remedial
action, and such other'requirements as the
commission deems necessary regarding test-
ir, with respect to the operation of the facili-
ty and providing of information to the ex-
ecutive director.
305.192. Waiver of Requirements. For
the purpose of expediting review and issu-
ance of permits under this subchapter, the
commission may, consistent with the protec-
tion of human health and safety and the en-
vironment, modify or waive permit appli-
cation and permit issuance requirements of
this subchapter, except that there may be no
modification or waiver of regulations regard-
ing financial responsibility (including in-
surance) or of procedures regarding public
participation.
305.193. Termination. The commission
may order an immediate termination of all
operations at a facility subject to this sub
chapter at any time the commission deter-
mines that termination is necessary to pro-
tect human health and safety and the envi-
ronment.
30.194. Renewal. Any permit issued
under this subchapter may be renewed not
more than three times. Each such renewal
shall be for a period of not more than one
year.
Issued In Austin, Texas, on February 25, 1986.TRD-8602002
James K. Rourke, Jr.
General Counsel
Texas Water CommissionEffective date: March 3, 1986
Expiration date: July 1, 1988
For further Information, please call
(512) 463-8070.Subchapter L. Groundwater
Compliance Plan
*31 TAC 305.401
The new sections are adopted on an emer-
gency basis under the Texas Water Code,
5.103 and 5.105, which provides the
Texas Water Commission with the autho-
rity to adopt any rules necessary to carry
out its powers and duties under the Texas
Water Code and other laws of the state.
305.401. Groundwater Compliance Plan.
(a) In order to administer the ground-
water protection requirements relating to com-
pliance monitoring and corrective action for
facilities that store, process, or dispose of
hazardous waste in surface impoundments,waste piles, land treatment units, or lafills,
and the requirements of 336.167 of this title
(relating to Corrective Action for Solid
Waste Management Units), the commission
shall establish a compliance plan.
(b) The following rules pertaining to
application and notice and hearing shall be
applicable in proceedings to establish the
plan: Chapter 281 (relating to Applications
Processing); 305.44 of this title (relating to
Signatories to Applications); 305.47 of this
title (relating to Retention of Application
Data); 305.43 of this title (relating to Who
Applies); 305.53 of this title (relating to Ap-
plication Fees); 305.50 of this title (relating
to Additional Requirements for an Applica-
tion for a Solid Waste Permit); 305.92 of
this title (relating to Action on Applications);
305.93 of this title (relating to Action on
Application for Permit); 305.96 of this title
(relating to Action on Application for Amend-
ment); 305.98-305.105 of this title (relating
to Scope of Proceedings; Commission Ac-
tion; Notice of Application; Notice of Hear-
ing; Notice by Publication; Notice by Mail;
Radio Broadcasts; and Request for Public
Hearing); 305.122-305.124 of this title (re-
lating to Characteristics of Permits; Grant-
ing Pennit; and Acceptance of Permit, Ef-
fect); and 305.128 of this title (relating to
Signatories to Reports).
(c) Any investigation report to estab-
lish compliance monitoring or corrective ac-
tion shall contain the information specified
in 40 Code of Federal Regulations 270.14
(c)(7) and (8). The executive director may re-
quest information necessary to determine the
appropriateness and extent of corre^_:;ve ac-
tion required by 336.167 of this title (relat-
ing to Corrective Action for Solid Waste
Management Units).
(d) The executive director shall pre-
pare a draft compliance plan unless the ex-
ecutive director recommends not to approve
the plan. The draft compliance plan shall be
available for public review, and notice that
the executive director has prepared such a
plan will be given pursuant to 305.100 of
this title (relating to Notice of Application).
The draft compliance plan shall be filed with
the commission to be included in its con-
sideration of the approval of a compliance
plan.
(e) The executive director shall pre-
pare a technical summary which sets forth
the principal facts and the significant factual,
legal, methodological, and policy questions
considered in preparing the draft compliance
plan. The executive director shall send this
summary, together with the draft compliance
plan, to the applicant and, on request, to any
other person. The summary shall include the
following information, where applicable:
(1) a brief description of the type of
facility or activity which is the subject of the
draft compliance plan;
(2) the type and quantity of wastes,
fluids, or pollutants which are being man-
aged at the facility;11 TexReg 1208 March II, 1986
__ I
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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/m1/46/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.