Section 305.401 - Compliance Plan(a) In order to administer the groundwater protection requirements relating to compliance monitoring and corrective action for facilities that store, process, or dispose of hazardous waste in surface impoundments, waste piles, land treatment units, or landfills, and the requirements of § 335.167 of this title (relating to Corrective Action for Solid Waste Management Units), the commission shall establish a compliance plan.(b) The following rules pertaining to application, and notice and hearing shall be applicable in proceedings to establish the plan: § 39.401 of this title (relating to Purpose); § 39.403 of this title (relating to Applicability); § 39.405 of this title (relating to General Notice Provisions); § 39.407 of this title (relating to Mailing Lists); § 39.409 of this title (relating to Deadline for Public Comment, and for Requests for Reconsideration, Contested Case Hearing, or Notice and Comment Hearing); § 39.411 of this title (relating to Text of Public Notice); § 39.413 of this title (relating to Mailed Notice); § 39.418 of this title (relating to Notice of Receipt of Application and Intent to Obtain Permit); § 39.419 of this title (relating to Notice of Application and Preliminary Decision); § 39.420 of this title (relating to Transmittal of the Executive Director's Response to Comments and Decision); § 39.421 of this title (relating to Notice of Commission Meeting to Evaluate a Request for Reconsideration or Hearing on an Application); § 39.423 of this title (relating to Notice of Contested Case Hearing); § 39.425 of this title (relating to Notice of Contested Enforcement Case Hearing); § 39.503 of this title (relating to Application for Industrial or Hazardous Waste Facility Permit); § 39.509 of this title (relating to Application for a Class 3 Modification of an Industrial or Hazardous Waste Permit); § 39.1005 of this title (relating to Notice of Class 1 Modification of an Industrial Solid Waste or Hazardous Waste Permit); § 39.1007 of this title (relating to Notice of Class 2 Modification of an Industrial Solid Waste or Hazardous Waste Permit); § 50.113 of this title (relating to Applicability and Action on Application); § 50.115 of this title (relating to Scope of Contested Case Hearings); § 50.117 of this title (relating to Commission Actions); § 50.119 of this title (relating to Notice of Commission Action, Motion for Rehearing); § 55.200 of this title (relating to Applicability); § 55.201 of this title (relating to Requests for Reconsideration or Contested Case Hearing); § 55.203 of this title (relating to Determination of Affected Person); § 55.205 of this title (relating to Request by Group or Association); § 55.209 of this title (relating to Processing Requests for Reconsideration and Contested Case Hearing); § 55.210 of this title (relating to Direct Referrals); § 55.211 of this title (relating to Commission Action on Requests for Reconsideration and Contested Case Hearing); Chapter 281 of this title (relating to Applications Processing); § 305.43 of this title (relating to Who Applies); § 305.44 of this title (relating to Signatories to Applications); § 305.47 of this title (relating to Retention of Application Data); § 305.50 of this title (relating to Additional Requirements for an Application for a Hazardous or Industrial Solid Waste Permit and for a Post-Closure Order); § 305.53 of this title (relating to Application Fee); §§ 305.122- 305.124 of this title (relating to Characteristics of Permits; Reservation in Granting Permit; and Acceptance of Permit, Effect); and § 305.128 of this title (relating to Signatories to Reports).(c) Any investigation report to establish compliance monitoring or corrective action shall contain the information specified in the regulations contained in 40 Code of Federal Regulation (CFR) §270.14(c)(7) and (8), which are in effect as of September 9, 1987. The executive director may authorize, in writing, in advance the submittal of a proposed permit schedule for the submittal of an engineering feasibility plan as set forth in the regulations contained in 40 CFR § 270.14(c)(7), which are in effect as of September 9, 1987. The executive director may also authorize, in writing, prior to the submittal of a complete permit application, the submittal of a schedule for the information required in the regulations contained in 40 CFR § 270.14(c)(8)(iii) and (iv), as set forth in the regulations contained in 40 CFR § 270.14(c)(8)(v), which are in effect as of September 9, 1987. The executive director may request information necessary to determine the appropriateness and extent of corrective action required by § 335.167 of this title.(d) The executive director shall prepare a draft compliance plan unless the executive director recommends not to approve the plan. The draft compliance plan shall be available for public review, and notice that the executive director has prepared such a plan will be given pursuant to § 39.503 of this title. The draft compliance plan shall be filed with the commission to be included in its consideration of the approval of a compliance plan.(e) The executive director shall prepare a technical summary which sets forth the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft compliance plan. The executive director shall send this summary together with the draft compliance plan to the applicant and, on request, to any other person. The summary shall include the following information, where applicable:(1) a brief description of the type of facility or activity which is the subject of the draft compliance plan;(2) the type and quantity of wastes, fluids, or pollutants which are being managed at the facility;(3) a brief summary of the basis for the conditions of the draft compliance plan, including references to applicable statutory or regulatory provisions;(4) a description of the procedures for reaching a final decision on the draft compliance plan, including procedures whereby the public may participate in the final decision; and(5) the name and telephone number of a person in the commission to contact for additional information.(f) The plan may be amended: (1) when the corrective action program specified in the plan under § 335.165 of this title (relating to Compliance Monitoring Program) has not brought the regulated unit into compliance with the groundwater protection standard within a reasonable time;(2) when the plan requires a compliance monitoring program under § 335.165 of this title, but monitoring data collected prior to permit issuance indicate that the facility is exceeding the groundwater protection standard. The sections of this chapter pertaining to major amendments shall be applicable to the foregoing amendments to the compliance plan.(g) Whenever a facility is subject to permitting under the Texas Solid Waste Disposal Act, Texas Civil Statutes, Article 4477-7, and is further required under §§ 335.156- 335.167 of this title (relating to Applicability of Groundwater Monitoring and Response; Required Programs; Groundwater Protection Standard; Hazardous Constituents; Concentration Limits; Point of Compliance; Compliance Period; General Groundwater Monitoring Requirements; Detection Monitoring Program; and Corrective Action Program) to conduct compliance monitoring or corrective action, processing of the permit application for the facility and the establishment of the compliance plan shall be consolidated in one proceeding.(h) Nothing herein shall be construed to be inconsistent with the commission's authority under the Texas Solid Waste Disposal Act, Texas Civil Statutes, Article 4477-7, §8 and §8b.30 Tex. Admin. Code § 305.401
The provisions of this §305.401 adopted to be effective June 19, 1986, 11 TexReg 2601; amended to be effective July 14, 1987, 12 TexReg 2102; amended to be effective July 27, 1988, 13 TexReg 3514; amended to be effective August 8, 1999, 24 TexReg 5879; Amended by Texas Register, Volume 45, Number 19, May 8, 2020, TexReg 3111, eff. 5/14/2020