Section 335.151 - Purpose, Scope, and Applicability(a) The purpose of this subchapter is to establish minimum standards to define the acceptable management of hazardous waste. These standards are to be applied in the evaluation of an application for a permit to manage hazardous waste, in accordance with Texas Solid Waste Disposal Act, and in the evaluation of an investigation report to implement groundwater protection requirements relating to compliance monitoring and corrective action; and in the evaluation of corrective action measures to be instituted in accordance with § 335.167 of this title (relating to Corrective Action for Solid Waste Management Units). For facilities that store, process, or dispose of industrial solid waste, in addition to hazardous waste, nothing herein shall be construed to restrict or abridge the commission's authority to implement the provisions of Texas Water Code, Chapter 26, and § 335.4 of this title (relating to General Prohibitions), with respect to those activities.(b) The standards in this subchapter apply to owners and operators of all facilities which process, store, or dispose of hazardous waste, except as specifically provided for in § 335.41 of this title (relating to Purpose, Scope, and Applicability).(c) A facility owner or operator who has fully complied with the requirements for interim status, as defined in the Resource Conservation and Recovery Act (RCRA), §3005(e), and § 335.2 and § 335.43 of this title (relating to Permit Required), must comply with the requirements of Subchapter E of this chapter (relating to Interim Standards for Owners and Operators of Hazardous Waste Treatment, Storage, or Disposal Facilities) in lieu of the requirements of this subchapter, until final administrative disposition of his permit application is made, except as provided under 40 Code of Federal Regulations (CFR) Part 264, Subpart S.(d) The regulations of this subchapter apply to all owners and operators subject to the requirements of § 335.2(m) of this title when the commission issues either a post-closure permit or a post-closure order at the facility. When the commission issues a post-closure order, references in this subchapter to "in the permit" also mean "in the order."(e) The commission may replace all or part of the requirements of 40 CFR Part 264 Subpart G (relating to Closure and Post-Closure), as amended and adopted in § 335.152(a)(5) of this title (relating to Standards) and the unit specific standards in §§ 335.169, 335.172, and 335.174 of this title (relating to Closure and Post-Closure Care (Surface Impoundments); Closure and Post-Closure Care (Land Treatment Units), and Closure and Post-Closure Care (Landfills)) applying to regulated units, with alternative requirements as set out in a permit or order where the commission determines that: (1) a regulated unit is situated among solid waste management units or area of concern, a release has occurred, and both the regulated unit and one or more solid waste management unit(s) or area of concern are likely to have contributed to the release; and(2) it is not necessary to apply the closure requirements of this subchapter (and those referenced herein) because the alternative requirements will be protective of human health and the environment and will satisfy the performance standards of § 335.8 of this title (relating to Closure and Remediation) and § 335.167 of this title.(f) If a permitted facility obtains an order setting out alternative requirements provided in subsection (e) of this section, then the alternative requirements shall also be referenced in the facility's permit.30 Tex. Admin. Code § 335.151
The provisions of §335.151 adopted to be effective May 28, 1986, 11 TexReg 2347; amended to be effective July 29, 1992, 17 TexReg 5017; amended to be effective February 22, 1994, 19 TexReg 969; amended to be effective January 30, 2003, 28 TexReg 715; amended to be effective February 21, 2013, 38 TexReg 978