30 TAC §330.4
The Texas Commission on Environmental Quality (commission)
adopts an amendment to §330.4, concerning Permit Required,
with changes
to the proposed text as published in the October 24, 2003,
issue of the
Texas Register
(28 TexReg 9196).
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE ADOPTED RULE
The rulemaking is in response to a petition received on December 16, 2002
from the City of Houston requesting a permit exemption for transfer stations
that also operate source-separation recycling programs. The petitioner requested
that the rule be changed to state that a permit is not required for any municipal
solid waste Type V transfer station that is owned by a local government that
operates a source-separation recycling program or, as provided by the existing
rule, includes a material recovery operation that meets all of the requirements
established by this subsection. The requested revisions to the rule language
were>
any new municipal solid waste Type V transfer station that," and to insert
the following phrase describing an additional exemption: "either is owned
by a local government that operates a source-separated recycling program or
. . .."
On February 5, 2003, the commission voted to initiate rulemaking and instructed
the executive director to examine the issues in the petition, including whether
to establish appropriate criteria for the exemption and whether to broaden
the permit exemption beyond local governments.
Previous rules allowed municipal solid waste transfer facilities which
recover 10% or more by weight or weight equivalent of the total incoming waste
stream for reuse or recycling to obtain a registration in lieu of a permit.
The adopted rule will allow transfer facilities to deduct incoming waste that
has already been reduced by 10% or more through recycling in calculating their
qualification to obtain a registration in lieu of a permit. The adopted rule
will also allow a transfer facility that is owned and/or operated by a person
or persons who also operate(s) one or more source-separation recycling programs
in the county where the transfer station is located to obtain a registration
in lieu of a permit, if those source-separation recycling programs manage
an amount of recyclable materials equal to 10% or more of the incoming waste
stream to all transfer stations to which credit is being applied.
For example, under the previous rule, if a transfer facility received 50,000
tons annually of incoming waste from one source, then that transfer facility
could only qualify for the permit exemption if the transfer facility could
demonstrate that it recycled 10% or more (5,000 tons or more) at the transfer
facility prior to transferring the waste to a landfill. Under the adopted
rule, if a transfer facility receives 50,000 tons annually of incoming waste
from two sources, 25,000 tons annually from each source, but one source, Source
A, has a source-separation recycling program that recycles 10% or more (2,500
tons or more), then in order to qualify for the permit exemption, that transfer
facility must only demonstrate that it recycles 10% or more (2,500 tons or
more) of the amount of incoming waste from Source B prior to transferring
the waste to a landfill. Alternatively, the same transfer facility would qualify
for the permit exemption if the transfer facility owner and/or operator also
owned and/or operated, in the same county, a source-separation recycling program
or programs that recycled a total of at least 5,000 tons of material.
The commission determined the language contained in the petition, "either
is owned by a local government that operates a source-separated recycling
program or . . ." was not appropriate. The rule has been broadened, beyond
the requested application to local governments, to allow any transfer facility
meeting the criteria to qualify for this permit exemption. However, the rule
applies the permit exemption only for a specific transfer facility location,
not as a blanket exemption for owners or operators.
A registration does not have a contested case hearing requirement; however,
a public meeting must be held for each application as required by Texas Health
and Safety Code, §361.111, and the existing rules in 30 TAC §330.65(d)(3)(C).
By allowing a registration in lieu of a permit, it could be more cost effective
for transfer stations to operate, which could have the effect of increased
recycling of municipal solid waste.
The adopted rule adds a new ongoing recordkeeping requirement in addition
to the current annual reporting requirement.
SECTION DISCUSSION
Administrative and grammatical changes are adopted throughout the sections
to be consistent with Texas Register requirements.
Section 330.4(e), Permit Required, adds a cross-reference to subsection
(q), which is now applicable under this rulemaking. Subsection (e) also deletes
the word "shall" and replaces it with the word "must" to conform with the
Texas Legislative Council Drafting Manual. "Shall" imposes a duty upon a person
named in the sentence. "Must" imposes a precedent condition on a thing named
in the sentence.
Section>
transfer stations that meet all the requirements of this subsection to register
their operations in lieu of obtaining a permit. This should result in increased
recycling efforts of transfer stations by extending their recycling requirements
beyond their application for registration, thereby, creating an ongoing performance-based
requirement for permit exemption. This subsection deletes the language "that
includes a material recovery operation" to allow a more flexible exemption
for transfer stations. Subsection (q) is also amended for readability by combining
two redundant sentences; deleting text to be consistent with Texas Register
formatting requirements; deleting the word "must" and replacing it with the
word "shall;" and adding a cross-reference that had been inadvertently omitted.
Subsection (q)(1) is amended to correct a catch line that is rendered inaccurate
as a result of this rulemaking and is restructured from proposal by adding
subparagraphs (A) and (B) and by restructuring the proposed paragraph (1)(A)
and (B) as paragraph (2) for better readability. The subsequent paragraphs
in subsection (q) are renumbered accordingly.
Restructured subsection (q)(1)(A) deletes the word "total" and adds the
sentence, "Incoming waste that has already been reduced by at least 10% through
a source-separation recycling program is not subject to this requirement and
may be excluded from this calculation." This relieves transfer facilities
from the burden of having to recover an additional 10% from source-reduced
waste streams and provides an incentive for transfer facility operators to
establish effective source-reduction programs. This amendment is consistent
with Texas Health and Safety Code, §361.111(a)(4), which exempts from
municipal solid waste permit requirements "a materials recovery facility that
recycles for reuse more than 10% of its incoming
nonsegregated
waste stream if the remaining non-recyclable waste is
transferred to a permitted landfill not more than 50 miles from the materials
recovery facility." Paragraph (1)(A) also deletes the word "must" and replaces
it with the word "shall"; removes an obsolete effective date; and corrects
the tense of the subparagraph to conform to the new lead-in sentence.
Restructured subsection (q)(1)(B) adds language in response to comments
to allow a transfer facility to qualify for the exemption if the transfer
station is owned by a person who also operates one or more source-separation
recycling programs in the county where the transfer station is located, if
those recycling programs manage an amount of recyclable materials equal to
10% or more of the incoming waste stream to all transfer stations to which
credit is being applied.
Restructured subsection (q)(2) outlines the documentation requirements
needed by a transfer station to apply for and maintain the permit exemption.
This>
an ongoing performance-based standard for this permit exemption.
The existing subsection (q)(2) is renumbered from proposal as subsection
(q)(3).
The existing subsection (q)(3) is renumbered from proposal as (q)(4). Renumbered
paragraph (4) deletes the word "shall" and replaces it with the word "must"
and updates a cross-reference.
The existing subsection (q)(4) is renumbered from proposal as subsection
(q)(5). Renumbered paragraph (5) deletes the word "such" for readability.
FINAL REGULATORY IMPACT ANALYSIS DETERMINATION
The commission reviewed the rulemaking in light of the regulatory analysis
requirements of Texas Government Code, §2001.0225, and determined that
the rule is not subject to §2001.0225, because it does not meet the criteria
for a "major environmental rule" as defined in that statute.
A "major environmental rule" means a rule, the specific intent of which
is to protect the environment or reduce risks to human health from environmental
exposure and that may adversely affect in a material way the economy, a sector
of the economy, productivity, competition, jobs, the environment, or the public
health and safety of the state or a sector of the state.
The specific intent of the rule is to promote recycling and materials recovery
at Type V transfer facilities by exercising commission discretion under Texas
Health and Safety Code, §361.111, that would allow greater flexibility
regarding the recycling activities that would qualify a transfer facility
for an exemption from permit requirements. Therefore, it is not anticipated
that the rule will adversely affect in a material way the economy, a sector
of the economy, productivity, competition, jobs, the environment, or the public
health and safety of the state or a sector of the state. The commission concludes
that this rule does not meet the definition of major environmental rule.
Furthermore, even if the rule did meet the definition of a major environmental
rule, the rule is not subject to Texas Government Code, §2001.0225, because
it does not meet any of the four applicable requirements specified in §2001.0225(a).
Section 2001.0225(a) applies to a rule adopted by an agency, the result of
which is to: 1) exceed a standard set by federal law, unless the rule is specifically
required by state law; 2) exceed an express requirement of state law, unless
the rule is specifically required by federal law; 3) exceed a requirement
of a delegation agreement or contract between the state and an agency or representative
of the federal government to implement a state and federal program; or 4)
adopt a rule solely under the general powers of the agency instead of under
a specific state law.
In this case, the rule does not meet any of these requirements. First,
there are no applicable federal standards that this rule would address. Second,
the rule does not exceed an express requirement of state law because there
is no expressly applicable state law. Third, there is no delegation agreement
that would be exceeded by the rule. Fourth, the commission adopts this rule
to allow greater flexibility regarding the recycling activities that would
qualify a Type V transfer facility for an exemption from permit requirements
under Texas Health and Safety Code, §361.111. This rule is also adopted
under the authority of Texas Health and Safety Code, §361.011 and §361.024,
which provide the commission the authority to adopt rules necessary to carry
out its powers and duties under the Texas Solid Waste Disposal Act, and §361.022,
which sets public policy in the management of municipal solid waste to include
reuse or recycling of waste. Therefore, the commission does not adopt the
rule solely under the commission's general powers.
The commission invited public comment on the draft regulatory impact analysis
determination. No comments were received on the draft regulatory impact analysis
determination.
TAKINGS IMPACT ASSESSMENT
The commission evaluated this rule and performed an assessment of whether
the rule constitutes a taking under Texas Government Code, Chapter 2007. The
specific purpose of the rule is to promote recycling and materials recovery
at Type V transfer facilities by exercising commission discretion under Texas
Health and Safety Code, §361.111 to allow greater flexibility regarding
the recycling activities that would qualify facilities for an exemption from
permit requirements. The rule would substantially advance this stated purpose
by deleting the requirement that only new facilities may qualify for the exemption
and allowing a facility to use the reduction in the incoming waste stream
from a source-separation recycling program to count toward the exemption.
Promulgation and enforcement of this rule would be neither a statutory
nor a constitutional taking of private real property because the rule does
not affect real property. This rule exercises commission discretion by broadening
the exemption from permit requirements for Type V transfer facilities.
There are no burdens imposed on private real property, and the benefits
to society are increased recycling and extended life to existing landfills.
In addition, because the rule increases the number of facilities eligible
for an exemption from permit requirements, the rule does not burden, restrict,
or limit an owner's right to property or reduce its value by 25% or more beyond
that which would otherwise exist in the absence of the regulation. Therefore,
this rule will not constitute a taking under the Texas Government Code, Chapter
2007.
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission reviewed the rule and found that it is identified in the
Coastal Coordination Act Implementation Rules, 31 TAC §505.11(b)(2),
relating to rules subject to the Texas Coastal Management Program (CMP), and
will, therefore, require that goals and policies of the CMP be considered
during the rulemaking process.
The commission reviewed this rulemaking for consistency with the CMP goals
and policies in accordance with the regulations of the Coastal Coordination
Council. The commission determined the rule concerns permit exemptions, which
are administrative and procedural in nature; does not impact any CMP goals
and policies; will have no substantive effect on commission actions subject
to the CMP; and promulgation and enforcement of the rule will not violate
(exceed) any standards identified in the applicable CMP goals and policies.
Therefore, this rule is consistent with CMP goals and policies.
The commission solicited comments on the consistency of the proposed rulemaking
with the CMP during the public comment period. No comments were received on
the consistency of the proposed rulemaking with the CMP.
PUBLIC COMMENT
The proposed rules were published for comment in the October 24, 2003,
issue of the
Texas Register
(28 TexReg 9196).
A public hearing on this proposal was held in Austin on November 17, 2003,
and the comment period closed on November 24, 2003. No person presented oral
comments at the hearing. Comments were received from: City of Houston (COH);
Dallas County Corporate Recycling Council (DCCRC); Harris County (HC); Texas
Disposal Systems (TDS); and two individuals.
RESPONSE TO COMMENTS
Comment
TDS commented that it supported the rulemaking as proposed. HC also supported
the commission's efforts to promote recycling.
Response
The commission appreciates these comments in support of the rulemaking.
Comment
DCCRC urged caution in the loosening of any standards or permitting requirements,
specifically the removal of the contested case hearing opportunity by allowing
registration in lieu of a permit. DCCRC also contended that 10% recovery was
not high enough, and expressed opposition to rule changes that would further
reduce this standard. HC also commented that new transfer stations should
be subject to a contested case hearing.
Response
This rulemaking was initiated in response to a petition and not in accordance
with new legislation. Therefore, the rule must remain within the legislative
authority of the existing statute, Texas Health and Safety Code, §361.111,
which allows a facility that recycles for reuse more than 10% of its incoming
nonsegregated waste stream to obtain a registration in lieu of a permit. The
criteria for a permit exemption in the rule remain within the parameters of
the existing statute, but neither increase nor reduce the 10% waste reduction
standard. As recommended, the commission has not reduced the 10% waste reduction
standard.
The exemption from permitting requirements for a facility that meets the
10% standard, transfers the remaining waste to a permitted landfill not more
than 50 miles away, complies with design and operation requirements established
by the commission for registered facilities, and holds a public meeting on
the siting of the facility is mandated by the statute. The commission has
a statutory duty or obligation to grant these exemptions as an incentive for
recycling, and included in that statutory exemption is removal of the opportunity
to request a contested case hearing. There is still opportunity for public
input on registrations in the form of comments taken at a public meeting that
must be considered by the executive director before taking action on the application.
No changes have been made to the rule in response to these comments.
Comment
An individual expressed concern about verification of recycling rates to
demonstrate compliance and enforcement with the 10% requirement.
Response
The commission agrees that there will be an increase in recordkeeping by
exempted facilities. For those facilities owned by the operator of a source-separation
recycling program in the same county, the recordkeeping will be simple: the
amount of source-separated recyclable material managed by the recycling program
must equal 10% or more of the amount of incoming waste processed by all the
transfer facilities seeking the exemption. For other transfer stations, the
demonstration of compliance with the 10% requirement will be in the form of
documents from the source or sources of the waste processed through the transfer
facility. The commission intends to include in a guidance document the types
of records that will satisfy this requirement. Acceptable documentation of
a facility's exemption from permitting requirements under this rule will be
similar to the requirements for recycling and composting operations, including
signed and dated receipts for the sale of specified amounts of specific processed
material(s) or signed and dated bills of lading or shipping manifests showing
specific amounts of processed material(s) transferred to a specific site for
recycling. No changes have been made to the rule in response to this comment.
Comment
COH offered additional rule language for transfer facilities owned by the
operator of a source-separation recycling program in the county where the
transfer facility was located.
Response
The commission agrees with this comment as an alternate method for demonstrating
compliance with the 10% requirement and has added a new subsection (q)(1)(B)
in response to this comment.
Comment
An individual commented on the possibility of a transfer facility exceeding
the design capacity of the facility.
Response
The operational standards for a solid waste processing facility in 30 TAC §330.151(a)
require a transfer facility not to exceed its design capacity for processing
solid waste during operation. A transfer facility seeking an exemption under
this rule must register in accordance with §330.65 and must meet the
additional design criteria of §330.65(f), which requires design standards
that conform with §330.151. This is required by the introductory paragraph
for subsection (q) and by renumbered paragraph (4) of subsection (q). A facility
that exceeds its design capacity and accumulates waste must stop receiving
additional solid waste until the accumulation is abated. No changes have been
made to the rule in response to this comment.
Comment
An individual questioned whether a registered transfer facility authorized
to process a maximum of 125 tons per day would be allowed to process more
than 125 tons per day under this exemption.
Response
A registration for a facility used in the transfer of municipal solid waste
that transfers 125 tons per day or less is allowed under §330.4(d). The
exemption in §330.4(q) is separate from that exemption and would require
a new application with a demonstration that the facility has an operational
capacity to process the additional waste. No changes have been made to the
rule in response to this comment.
STATUTORY AUTHORITY
The amendment is adopted under Texas Health and Safety Code, §361.111,
which authorizes the commission to exempt from permit requirements certain
municipal solid waste management facilities that meet specific criteria; §361.022,
which sets public policy in the management of municipal solid waste to include
reuse or recycling of waste; §361.011, which establishes the commission's
jurisdiction over all aspects of the management of municipal solid waste with
all powers necessary or convenient to carry out the responsibilities of that
jurisdiction; and §361.024, which provides the commission with rulemaking
authority.
§330.4.Permit Required.
(a)
No person may cause, suffer, allow, or permit any activity
of storage, processing, removal, or disposal of any municipal solid waste
(MSW) unless such activity is authorized by a permit or other authorization
from the commission, except as provided for in this section. Permits issued
by the Texas Department of Health prior to the effective date of this chapter
satisfy the requirements of this subsection. No person may commence physical
construction of a new MSW management facility or a lateral expansion without
first having submitted a permit application in accordance with §§330.50
- 330.65 of this title (relating to Permit Procedures) and received a permit
from the commission, except as provided for specifically herein.
(b)
In accordance with the requirements of subsection (a) of
this section, no generator, transporter, owner or operator of a facility,
or any other person may cause, suffer, allow, or permit wastes to be stored,
processed, or disposed of at an unauthorized facility or in violation of a
permit. In the event this requirement is violated, the executive director
may seek recourse against not only the person who stored, processed, or disposed
of the waste but also against the transporter, owner or operator, or other
person who caused, suffered, allowed, or permitted its waste to be stored,
processed, or disposed.
(c)
A separate permit is not required for the storage or processing
of the following types of MSW: grease trap wastes; grit trap wastes; or septage
that contains free liquids if the waste is treated/processed at a permitted
Type I MSWLF. Any person who intends to conduct such activity under this subsection
shall comply with the notification requirements of §330.8 of this title
(relating to Notification Requirements).
(d)
A permit is not required for an MSW transfer station facility
that is used in the transfer of MSW to a solid waste processing or disposal
facility from:
(1)
a municipality with a population of less than 50,000;
(2)
a county with a population of less than 85,000;
(3)
a facility used in the transfer of MSW that transfers or
will transfer 125 tons per day or less; or
(4)
a transfer station located within the permitted boundaries
of an MSW Type I, Type II, Type III, or Type IV facility as specified in §330.41
of this title (relating to Types of Municipal Solid Waste Sites).
(e)
A request for registration for sites or facilities exempted
from permits under subsections (c), (d), and (q) of this section must be submitted
in a format provided by the executive director and must include all information
requested thereon and any additional information considered necessary by the
applicant or that may be requested by the executive director.
(f)
Facilities must obtain a permit or registration as applicable
under subsection (a), (d), or (q) of this section unless otherwise exempted
under this chapter, or:
(1)
the facility or site is used as:
(A)
a citizens' collection station;
(B)
a collection and processing point for only nonputrescible
source-separated recyclable material, provided that the facility is in compliance
with §§328.3 - 328.5 of this title (relating to General Requirements;
Limitations on Storage of Recyclable Materials; and Reporting and Recordkeeping
Requirements);
(C)
a collection and processing point for mulching or composting
of only source-separated recyclable material, provided that the facility is
in compliance with Chapter 332 of this title (relating to Composting); or
(D)
a collection point for parking lot or street sweepings
or wastes collected and received in sealed plastic bags from such activities
as periodic city-wide cleanup campaigns and cleanup of rights-of-way or roadside
parks; or
(2)
the site is used for the disposal of soil, dirt, rock,
sand, or other natural or man-made inert solid materials used to fill land
if the object of the fill is to make the land suitable for the construction
of surface improvements.
(g)
A permit amendment is not required to establish a waste-separation/recycling
facility established in conjunction with a permitted MSW site, or composting
facility at an existing permitted MSW site if owned by the permittee of the
existing site. Facilities exempted from a permit amendment under this subsection
shall be registered with the executive director in accordance with §330.65
of this title (relating to Registration for Solid Waste Management Facilities).
Failure to operate such registered facilities in accordance with the requirements
established in §§330.150 - 330.159 of this title (relating to Operational
Standards for Solid Waste Processing and Experimental Sites) may be grounds
for the revocation of the registration.
(h)
A permit is not required for a site or facility where the
only operation is the storage and/or processing of used and scrap tires as
provided for in Chapter 328 of this title (relating to Waste Minimization
and Recycling). Facilities exempted from a permit under this subsection shall
be registered with the executive director in accordance with Chapter 328 of
this title. Failure to operate such registered facilities in accordance with
the requirements established in Chapter 328 of this title may be grounds for
the revocation of the registration.
(i)
A permit or registration under this chapter is not required
for the operation of an approved treatment process unit (as provided in §330.1004(c)(1)
of this title (relating to Generators of Medical Waste)) used only for the
treatment of on-site (as defined in §330.1004(f) of this title) generated
special waste from health care-related facilities.
(j)
A separate permit is not required for a facility to treat
petroleum-contaminated soil if the contaminated soil is treated/processed
at a permitted solid waste landfill facility. The treated soil shall be disposed
of at the facility or may be used as daily cover on the facility. Any person
who intends to conduct such activity under this subsection shall comply with
the notification requirements of §330.8 of this title.
(k)
A licensed hospital may function as a medical waste collection
and transfer facility for generators that generate less than 50 pounds of
untreated medical waste per month and that transports its own waste if:
(1)
the hospital is located in an incorporated area with a
population of less than 25,000 and in a county with a population of less than
one million; or
(2)
the hospital is located in an unincorporated area that
is not within the extraterritorial jurisdiction of a city with a population
more than 25,000 or within a county with a population of more than one million.
The hospital shall submit a request to the executive director for registration
as a medical waste collection station.
(l)
A permit is not required for an on-site medical waste incinerator
used by a licensed hospital for incineration of only on-site generated medical
wastes.
(m)
Any change to a condition or term of an issued permit requires
a permit amendment in accordance with §305.62 of this title (relating
to Amendment) or a permit modification in accordance with §305.70 of
this title (relating to Municipal Solid Waste Permit and Registration Modifications).
The owner or operator shall submit an amendment or modification application
in accordance with the requirements contained in §§330.50 - 330.65
of this title to address the items covered by the requested change.
(n)
For energy and material recovery and gas recovery operations
relating to MSW, a registration is required. A permit is not required for
an MSW facility-Type IX that recovers gas for beneficial use. Those Type IX
facilities that recover gas for beneficial use that are exempt from permitting
under this subsection shall be registered with the executive director in accordance
with §330.70 of this title (relating to Registration of Facilities That
Recover Gas for Beneficial Use). However, exploratory and test operations
for feasibility purposes may be conducted after approval of the operation
by the executive director.
(o)
Submission of a Soil and Liner Evaluation Report (SLER)
and/or a Flexible Membrane Liner Evaluation Report (FMLER) required by §330.206
of this title (relating to Soils and Liner Evaluation Report (SLER) and Flexible
Membrane Liner Evaluation Report (FMLER)) for a liner design which meets all
design and operational requirements of §§330.50 - 330.65 of this
title and §§330.200 - 330.206 of this title (relating to Groundwater
Protection Design and Operation) shall not require a permit amendment or modification.
(p)
A permit or registration is not required for the drying
of grit trap waste at a car wash facility as long as these wastes are disposed
of in compliance with applicable federal, state, and local regulations. Grit
trap waste from car wash facilities may be transported for drying purposes
to another car wash facility if the facilities have the same owner and if
the facilities are located within 50 miles of each other. This subsection
is not intended to preempt or supersede local government regulation of grit
trap waste-drying facilities. Drying facilities must comply with Chapter 116
of this title (relating to Control of Air Pollution by Permits for New Construction
or Modification) if applicable.
(q)
In addition to permit exemptions established in subsection
(d) of this section, a permit is not required for any MSW Type V transfer
station that meets all of the requirements established by this subsection.
Owners and operators of Type V transfer stations that meet the permit exemption
requirements of this subsection and wish to exercise the exemption option
shall register their operation in accordance with §330.60 of this title
(relating to Technical Requirements of an Application for Registration of
Solid Waste Facilities (Type V and Type VI)) and §330.65 of this title.
(1)
Source-separated recycling/materials recovery. Owners and
operators of Type V transfer facilities may register their operations in lieu
of permitting them, provided:
(A)
the transfer facility recovers 10% or more by weight or
weight equivalent of the incoming waste stream for reuse or recycling. Incoming
waste that has already been reduced by at least 10% through a source-separation
recycling program is not subject to this requirement and may be excluded from
this calculation. The applicant shall demonstrate in the registration application
the method that will be used to assure the 10% requirement is achieved; or
(B)
the transfer facility owner and/or operator also operate(s)
one or more source-separation recycling programs in the county where the transfer
station is located and those source-separation recycling programs manage a
total weight or weight equivalent of recyclable materials equal to 10% or
more by weight or weight equivalent of the incoming waste stream to all transfer
stations to which credit is being applied.
(2)
Documentation. After the transfer facility operations commence,
documentation of recycling or recovery of 10% of waste material from the waste
stream must be annually updated and maintained at the transfer facility for
records inspection. Failure to maintain the standard of 10% recovery of materials
shall be grounds for revocation of the registration.
(3)
Distance to landfill. The transfer facility must demonstrate
in the registration application that it will transfer the remaining nonrecyclable
waste to a landfill not more than 50 miles from the facility.
(4)
Exempt facilities. Transfer facilities exempted from a
permit under this subsection must register with the executive director in
accordance with §330.60 and §330.65 of this title and meet the additional
design criteria of §330.65(f) of this title.
(5)
Revocation. Failure to operate registered facilities in
accordance with the requirements established in Subchapter G of this chapter
(relating to Operational Standards for Solid Waste Processing and Experimental
Sites) may be grounds for revocation of the registration.
(r)
A permit is not required for an MSW transfer station that
is used only in the transfer of grease trap waste, grit trap waste, septage,
or other similar liquid waste if the facility used in the transfer will receive
32,000 gallons per day or less. Liquid waste transfer stations that will receive
32,000 gallons a day or less may operate if they notify the executive director
30 days prior to initiating operations and if the facility is designed and
operated in accordance with the requirements of §330.66 of this title
(relating to Liquid Waste Transfer Facility Design and Operation). Facilities
that will receive over 32,000 gallons per day must apply for a permit. A separate
permit or registration is required for the storage, transportation, or handling
of used oil mixtures collected from oil/water separators. Any person who intends
to conduct such activity shall comply with the regulatory requirements of
Chapter 324 of this title (relating to Used Oil Standards).
(s)
A permit is not required for an MSW Type V processing facility
that processes only grease trap waste, grit trap waste, or septage or a combination
of these three liquid wastes if:
(1)
the facility can attain a 10% recovery of material for
beneficial use from the incoming waste. Recovery of material for beneficial
use is considered to be the recovery of fats, oils, greases, and the recovery
of food solids for composting, but does not include the recovery of water;
(2)
the Type V processing facility is located within the permit
boundaries of a commission-permitted Type I landfill; or
(3)
the Type V processing facility is located at a manned treatment
facility permitted under Texas Water Code, Chapter 26 and which is permitted
to discharge at least one million gallons per day and which is owned by and
operated for the benefit of a political subdivision of this state. Facilities
meeting any of these exemptions must obtain a registration by meeting the
operational criteria and design criteria established in §330.71 of this
title (relating to Registration for Municipal Solid Waste Facilities That
Process Grease Trap Waste, Grit Trap Waste, or Septage).
(t)
A registration is required for a mobile liquid waste processing
facility that processes grease trap waste, grit trap waste, or septage or
a combination of these three liquid wastes. Mobile liquid waste processing
facilities must obtain a registration by meeting the operational criteria
and design criteria established in §330.72 of this title (relating to
Registration of Mobile Liquid Waste Processing Units).
(u)
A permit is not required for an MSW Type VI facility that
demonstrates new management methods for processing or handling grease trap
waste, grit trap waste, or septage or a combination of these three liquid
wastes. Those facilities meeting this exemption must obtain a registration
by meeting the operational criteria and design criteria established in §330.73
of this title (relating to Registration of Demonstration Projects for Liquid
Waste Processing Facilities).
(v)
A permit, registration, or other authorization is not required
for the disposal of litter or other solid waste, generated by an individual,
on that individual's own land where:
(1)
the litter or waste is generated on land the individual
owns;
(2)
the litter or waste is not generated as a result of an
activity related to a commercial purpose;
(3)
the disposal occurs on land the individual owns;
(4)
the disposal is not for a commercial purpose;
(5)
the waste disposed of is not hazardous waste or industrial
waste;
(6)
the volume of waste disposed of by the individual does
not exceed 2,000 pounds per year;
(7)
the waste disposal method complies with §§111.201
- 111.221 of this title (relating to Outdoor Burning);
(8)
the waste disposal method does not contribute to a nuisance
and does not endanger the public health or the environment. Exceeding 2,000
pounds per individual's residence per year is considered to be a nuisance;
and
(9)
the individual complies with the deed recordation and notification
requirements in §330.7 of this title (relating to Deed Recordation) and §330.8
of this title.
(w)
A permit or registration is not required for the disposal
of animal carcasses from government roadway maintenance where:
(1)
either of the following:
(A)
the animals were killed on county or municipal roadways
and the carcasses are buried on property owned by the entity that is responsible
for road maintenance; or
(B)
the animals were killed on state highway right-of-way and
the carcasses are disposed of by the Texas Department of Transportation by
burying the carcasses on state highway right-of-way; and
(2)
the waste disposal method does not contribute to a nuisance
and does not endanger the public health or the environment; and
(3)
the animal carcasses are covered with at least two feet
of soil within 24 hours of collection in accordance with §330.136(b)(2)
of this title (relating to Disposal of Special Wastes).
(x)
A major permit amendment, as defined by §305.62 of
this title, is required to reopen a Type I, Type I-AE, Type IV, or Type IV-AE
MSW facility permitted by the commission or any of its predecessor or successor
agencies that has either stopped accepting waste, or only accepted waste in
accordance with an emergency authorization, for a period of five years or
longer. The MSW facilities covered by this subsection may not be reopened
to accept waste again unless the permittee demonstrates compliance with all
applicable current state, federal, and local requirements, including the requirements
of RCRA, Subtitle D and the implementing Texas state regulations. If an MSW
facility was subject to a contract of sale on January 1, 2001, the scope of
any public hearing held on the permit amendment required by this subsection
is limited to land use compatibility, as provided by §330.51(a) of this
title (relating to Permit Application for Municipal Solid Waste Facilities)
and §330.61 of this title (relating to Land-Use Public Hearing). This
subsection does not apply to any MSW facility that has received a permit but
never received waste, or that received an approved Subtitle D permit modification
before September 1, 2001.
(y)
A permit or registration is not required for disposal of
the remains from an animal that dies in the care of a veterinarian licensed
by the Texas State Board of Veterinary Medical Examiners where all of the
following occur:
(1)
the veterinarian disposes of the remains of an animal and
the remains do not include any other type of medical waste;
(2)
the veterinarian does not charge for the disposal;
(3)
the disposal is on property owned by the veterinarian;
(4)
the disposal occurs in a county with a population of less
than 10,000;
(5)
the waste disposal does not contribute to a nuisance and
does not endanger the public health or the environment;
(6)
the veterinarian complies with the deed recordation and
notification requirements in §330.7 and §330.8 of this title;
(7)
the animal carcasses are covered with at least two feet
of soil within 24 hours of disposal in accordance with §330.136(b)(2)
of this title;
(8)
uncontrolled access is prevented; and
(9)
the disposal complies with §111.209 of this title
(relating to Exception for Disposal Fires).
(z)
A permit by rule is granted for an animal crematory that
meets the requirements of §330.75 of this title (relating to Animal Crematory
Facility Design and Operational Requirements for Permitting by Rule). Facilities
that do not meet all the requirements of §330.75 of this title require
a permit under §330.51 of this title.
(aa)
A permit or registration is not required for pet cemeteries.
However, a person who intends to operate a pet cemetery shall comply with
the requirements of §330.7 of this title and shall ensure that the animal
carcasses are covered with at least two feet of soil within a time period
that will prevent the generation of nuisance odors or health risks. A pet
cemetery is a facility used only for the burial of domesticated animals kept
as pets and service animals such as seeing-eye dogs. Animals raised for meat
production or used only for animal husbandry are not pets.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 26, 2004.
TRD-200402149
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Effective date: April 15, 2004
Proposal publication date: October 24, 2003
For further information, please call: (512) 239-0348