(a) All existing industrial solid waste disposal facilities which are classified as open dumps shall be upgraded or closed in accordance with measures specified by the commission so that the facility or practice no longer violates the criteria in 40 Code of Federal Regulations Part 257.     
      (b) The executive director may establish a timetable or schedule of compliance for any facility classified as an open dump where the facility owner or operator has demonstrated that other public or private alternatives to comply with the prohibition on open dumping have been considered and such alternatives to so comply cannot be utilized. The schedule of compliance shall specify a schedule of remedial measures and an enforceable sequence of actions leading to compliance within a reasonable time, not to exceed five years from the date of publication of the inventory under the Resource Conservation and Recovery Act of 1976, §4005.     
      (c) Nothing in this section precludes the executive director from seeking any relief deemed necessary for violation of this subchapter, any provision of Texas Health and Safety Code, Chapter 361, or any other regulations of the commission nor does this section establish any prerequisite for seeking that relief.     
     Source Note:        The provisions of this §335.305 adopted to be effective May 28, 1986, 11 TexReg 2350; amended to be effective November 15, 2001, 26 TexReg 9135