SECTION 334.484. Registration Required for Petroleum-Substance Waste Storage or Treatment Facilities

(a) A person shall submit the required application and receive the appropriate registration issued after December 27, 1996, prior to storing or treating petroleum-substance wastes at a new Class A facility or treating soil utilizing a new Class B waste management facility.

(b) A person may not commence physical construction of a new Class A or utilize a Class B petroleum-substance waste management facility without first having submitted the required application and received the appropriate registration unless otherwise authorized by the agency.

(c) Any person who intends to store or treat petroleum-substance waste at a Class A or Class B facility after December 27, 1996, must submit an application for registration on a form approved by the agency. Such person must submit information to the executive director which is sufficiently detailed and complete to enable the agency to determine whether such storage or treatment is compliant with the terms of this subchapter. Such information shall include, at a minimum:

(1) information concerning the location of the facility;

(2) identification of the facility owner, facility operator, and landowner;

(3) the job descriptions of all key operating personnel;

(4) documentation on the proposed access routes to the facility, proposed daily volumes of traffic associated with the facility, and confirmation on the suitability of roads leading to the facility;

(5) waste storage, management, handling, and shipping methods;

(6) waste treatment methods;

(7) waste sampling and analytical methods;

(8) disposition or reuse documentation;

(9) recordkeeping requirements;

(10) security and emergency procedures;

(11) facility closure plan and closure cost estimate (see §334.508 of this title (relating to Closure Requirements Applicable to Class A and Class B Facilities));

(12) facility plans and specifications;

(13) site maps and vicinity maps;

(14) documentation on the land use in the vicinity of the facility;

(15) identification of all potential contaminant receptors in the vicinity, including any water wells within 1,000 feet;

(16) documentation on the financial assurance required (see Chapter 37, Subchapter K of this title (relating to Financial Assurance Requirements for Class A or B Petroleum-Substance Contaminated Soil Storage, Treatment, and Reuse Facilities));

(17) documentation on all required restrictive easements;

(18) the geology and hydrogeology where the facility is located;

(19) documentation on the effectiveness of the treatment method;

(20) documentation of the receipt of any additional authorization required by any other federal, state, or local regulatory agency; and

(21) any other information as the agency may deem necessary to determine whether the facility and operation thereof will comply with the requirements of this subchapter. The application shall be submitted to the agency's central office.

(d) If the applicant is other than an individual, the application must be signed by the owner or operator of the facility, the president or chief executive officer of the company, or all the partners of the company.

(e) Any person who stores or treats petroleum-substance waste shall have the continuing obligation to immediately provide written notice to the agency of any changes or additional information concerning the information submitted to the commission or activities authorized in any registration within 15 days of the change or from the date the additional information was acquired.

(f) Any information required by this subsection must be submitted to the agency's office in Austin.

(g) The registration is not transferable to any other facility or facility owner. Any transfer of ownership shall require a change in registration of the facility. However, a change in registration of a facility shall not relieve the transferor of any liability which may have been incurred prior to the change in registration.

(h) The applicant or a person affected by the executive director's final approval or denial of an application for registration may file with the chief clerk of the commission a motion to overturn under §50.139 of this title (relating to Motion to Overturn Executive Director's Decision).

Source Note: The provisions of this §334.484 adopted to be effective March 25, 1993, 18 TexReg 1691; amended to be effective December 27, 1996, 21 TexReg 12177 ; amended to be effective March 21, 2000, 25 TexReg 2390; amended to be effective November 23, 2000, 25 TexReg 11442; amended to be effective May 14, 2020, 45 TexReg 3126