|(a) Except as provided in §§330.9, 330.11,
330.13, or 330.25 of this title (relating to Registration Required;
Notification Required; Waste Management Activities Exempt from Permitting,
Registration, or Notification; and Relationship with County Licensing
System), no person may cause, suffer, allow, or permit any activity
of storage, processing, removal, or disposal of any solid waste unless
such activity is authorized by a permit or other authorization from
the commission. In the event this requirement is violated, the executive
director may seek recourse against not only the person that stored,
processed, or disposed of the waste but also against the generator,
transporter, owner or operator, or other person who caused, suffered,
allowed, or permitted its waste to be stored, processed, or disposed.
No person may commence physical construction of a new municipal solid
waste (MSW) management facility, a vertical expansion, or a lateral
expansion without first having submitted a permit application in accordance
with §§330.57, 330.59, 330.61, 330.63, and 330.65 of this
title (relating to Permit and Registration Applications for Municipal
Solid Waste Facilities; Contents of Part I of the Application; Contents
of Part II of the Application; Contents of Part III of the Application;
and contents of Part IV of the Application, respectively) and received
a permit from the commission, except as provided otherwise in this
(b) A separate permit is required for the storage,
transportation, or handling of used oil mixtures collected from oil/water
separators. Any person that intends to conduct such activity shall
comply with the regulatory requirements of Chapter 324 of this title
(relating to Used Oil Standards).
(c) Permits by rule may be granted for persons that
compact or transport waste in enclosed containers or enclosed transportation
units to a Type IV facility.
(1) A permit by rule is granted for a generator operating
a stationary compactor that is only used to compact waste to be disposed
of at a Type IV landfill, if all of the following conditions are met.
(A) The generator submits the following information
and any requested additional information on forms provided by the
(i) generator contact person, company name, mailing
address, street address, city, state, ZIP code, and telephone number;
(ii) contract renewal date, if applicable;
(iii) rated compaction capability in pounds per cubic
(iv) container size;
(v) description of waste stream to enter compactor;
(vi) receiving MSW Type IV disposal facility name,
permit number, mailing address, street address, city, state, ZIP code,
telephone number, and contact person; and
(vii) a certification from the generator that states
the following: I, (name) ______________________________, (title) _________________________________________
of (company name) __________________, located at (street address)
__________________________ in (city) ___________________________________________,
certify that the contents of the compactor located at the location
stated herein are free of and shall be maintained free of putrescible,
hazardous, infectious, and any other waste not allowed in an MSW Type
(B) The generator submits a $75 fee along with the
claim for the permit by rule.
(C) The generator complies with the operational requirements
of §330.215 of this title (relating to Requirements for Stationary
(D) A stationary compactor permit by rule expires after
one year. The generator must submit an annual renewal fee in the amount
of $75. Failure to timely pay the annual fee eliminates the option
of disposal of these wastes at a Type IV landfill until the generator
claims a new or renewed permit by rule.
(2) A permit by rule is granted for transporters using
enclosed containers or enclosed vehicles to collect and transport
brush, construction or demolition wastes, and rubbish along special
collection routes to MSW Type IV landfill facilities if all of the
following conditions are met.
(A) The owner or operator seeking a special collection
route permit by rule submits to the executive director the following
information and any requested additional information on forms provided
by the executive director:
(i) name of owner and operator, mailing address, street
address, city, state, ZIP code, name and title of a contact person,
and telephone number;
(ii) receiving MSW Type IV disposal facility name,
permit number, mailing address, street address, city, state, ZIP code,
telephone number, and contact person;
(iii) information on each transportation unit, including,
at a minimum, license number, vehicle identification number, year
model, make, capacity in cubic yards, and rated compaction capability
in pounds per cubic yard;
(iv) route information, which shall include as a minimum
the collection frequency, the day of the week the route is to be collected,
and the day and time span within which the route is to arrive at the
MSW Type IV landfill;
(v) a description of the wastes to be transported;
(vi) an alternative contingency disposal plan to include
alternate trucks to be used or alternative disposal facilities; and
(vii) a signed and notarized certification from the
owner or operator that states the following: I, (name) _______, (title)
_______, of _______ operating in ______ County, certify that the contents
of the vehicles described above will be free of putrescible, household,
hazardous, infectious, or any other waste not allowed in an MSW Type
(B) The transporter submits a $100 per vehicle fee
along with the claim for a permit by rule.
(C) The transporter documents each load delivered with
a trip ticket form provided by the executive director, and provides
the trip ticket to the landfill operator prior to discharging the
(D) A special collection route permit by rule expires
after one year. The owner or operator must submit an annual renewal
fee in the amount of $100 per vehicle. Failure to timely pay the annual
fee eliminates the option of disposal of these wastes at a Type IV
landfill until the owner or operator claims a new or renewed permit
(E) This paragraph does not apply if the waste load
is from a single collection point that is a stationary compactor authorized
in accordance with paragraph (1) of this subsection.
(3) Revision requirements for stationary compactor
permits or special collection route permits by rule identified in
paragraphs (1) and (2) of this subsection are as follows.
(A) An update must be submitted if any information
within the original permit by rule submittal changes.
(B) A submittal to update an existing permit by rule
must include all of the same documentation required for an original
permit by rule submittal.
(d) A major permit amendment, as defined by §305.62
of this title (relating to Amendments), is required to reopen a Type
I, Type IAE, Type IV, or Type IVAE 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 requirements
of the Resource Conservation and Recovery Act, 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 §330.57(a)
of this title. 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.
(e) A permit by rule is granted for an animal crematory
that meets the following criteria. For facilities that do not meet
all the requirements of this subsection, the owner or operator shall
submit a permit application under §§330.57, 330.59, 330.61,
330.63, and 330.65 of this title and obtain a permit. To qualify for
a permit by rule under this subsection, the following requirements
must be met.
(1) General prohibitions. An animal crematory facility
shall comply with §330.15(a) of this title (relating to General
(2) Incineration limits. Incineration of carcasses
shall be limited to the conditions specified in §106.494 of this
title (relating to Pathological Waste Incinerators (Previously SE
90)). The facility shall not accept animal carcasses that weigh more
than the capacity of the largest incinerator at the facility and shall
not dismember any carcasses during processing.
(3) Ash control. Ash disposal must be at an authorized
facility unless the ash is returned to the animal owner or sent to
a pet cemetery. Ash shall be stored in an enclosed container that
will prevent release of the ash to the environment. There shall be
no more than 2,000 pounds of ash stored at an animal crematory at
any given time.
(4) Air pollution control. Air emissions from the facility
shall not cause or contribute to a condition of air pollution as defined
in Texas Clean Air Act, §382.003. All animal crematories, prior
to construction or modification, must have an air permit issued under
Chapter 116 of this title (relating to Control of Air Pollution by
Permits for New Construction or Modification), or qualify for a permit
by rule under §106.494 of this title.
(5) Fire protection. The facility shall prepare, maintain,
and follow a fire protection plan. This fire protection plan shall
describe fire protection resources (a local fire department, fire
hydrants, fire extinguishers, water tanks, water well, etc.), and
employee training and safety procedures. The fire protection plan
shall comply with local fire codes.
(6) Storage limits. Carcasses must be incinerated within
two hours of receipt, unless stored at or below a temperature of 29
degrees Fahrenheit. Storage of carcasses shall be in a manner that
minimizes the release of odors. Storage of carcasses shall be limited
to the lesser of 3,200 pounds or the amount that can be incinerated
at the maximum loading rate for the incinerators at the facility in
a two-day period.
(7) Unauthorized waste. Only carcasses or animal parts,
with any associated packaging, shall be processed. Carcasses shall
not be accepted in packaging that includes any chlorinated plastics.
Carcasses or animal parts that are either hazardous waste or medical
waste are prohibited.
(8) Cleaning. Storage and processing units must be
properly cleaned on a routine basis to prevent odors and the breeding
(9) Nuisance prevention. The facility shall be designed
and operated in a manner so as to prevent nuisance conditions, including,
but not limited to, dust from ashes, disease vectors, odors, and liquids
from spills, from being released from the property boundary of the
(10) Diseased animals. The facility shall be equipped
with appropriate protective equipment and clothing for personnel handling
diseased animals that may be received at the facility. Facility owners
or operators must inform customers and local veterinarians of the
need to identify diseased animals for the protection of personnel
handling the animals.
(11) Buffer zone. An animal crematory, including unloading
and storage areas, constructed after March 2, 2003, must be at least
50 feet from the property boundary of the facility.
(12) Operating hours. A crematory shall operate within
the time frames allowed by §111.129 of this title (relating to
(13) Documentation. The operator of an animal crematory
shall document the carcasses' weight, date and time when carcasses
are received, and when carcasses are loaded into the incinerator.
A separate entry in the records for loading into the incinerator is
not required if a carcass is loaded within two hours of receipt. This
information will be maintained in records on site.
(14) Breakdown. The facility is subject to §330.241
of this title (relating to Overloading and Breakdown).
(15) Records management. The owner or operator must
retain records as follows:
(A) maintain a copy of all requirements of this subsection
that apply to the facility;
(B) maintain records for the previous consecutive 12-month
period containing sufficient information to demonstrate compliance
with all requirements of this subsection;
(C) keep all required records at the facility; and
(D) make the records available upon request to personnel
from the commission or from local governments with jurisdiction over
(16) Fees. An animal crematory facility authorized
under this section is exempt from the fee requirements of Subchapter
P of this chapter (relating to Fees and Reporting).