SECTION 350.133. Duration and Termination

(a) If granted, these modifications may remain in effect for the duration of active industrial operations within the FOA.

(b) The allowance for the use of the FOA is subject to review at time of renewal of the hazardous waste permit or commission corrective action order for any changed conditions in response to §350.35 of this title (relating to Substantial Change in Circumstances) which result in the FOA no longer being protective of human health and the environment, or at any other time for failing to maintain compliance with the qualifying criteria specified in this subchapter. In such situations, the executive director may direct the person to take corrective action within a certain time period to regain compliance or may initiate actions to revoke the FOA.

(c) At the termination of the FOA, the person shall comply fully with this chapter, with the exception that groundwater response objectives for class 1 and 2 groundwaters present within the terminated FOA boundary may be based on response objectives for class 2 groundwater.

Source Note: The provisions of this §350.133 adopted to be effective September 23, 1999, 24 TexReg 7436