(a) Upon determination by the commission that a facility or practice violates any of the criteria set forth in 40 Code of Federal Regulations (CFR) Part 257 and should be in the open dump inventory under the Resource Conservation and Recovery Act of 1976, §4005(b), the owner or operator of such facility shall be so notified in writing by the commission at least 30 days prior to the initial submission of the classification to the EPA. If the owner or operator wishes to contest that determination, he must so notify the commission within 20 days of the date of the notification and include any information indicating that the facility does not violate any of the criteria classification set forth in 40 CFR Part 257. If the owner or operator fails to respond to the notification, or if the commission determines that the information provided by the owner or operator does not affect its initial determination, the commission shall forward the name of the facility to the EPA for publication in the Federal Register. The commission may delete the name of a facility from the list to be forwarded to the EPA if, in the opinion of the commission, the information presented by the owner or operator pursuant to this subsection shows that the facility or practice does not violate any of the criteria set forth in 40 CFR Part 257.
(b) The commission shall also provide written notification of the availability of the results of any classification pursuant to §335.304 of this title (relating to Classification of Facilities) to all other persons on the list required by §335.306 of this title (relating to List of Interested or Affected Persons) at least 30 days prior to the initial submission of any classifications to the EPA.

Source Note: The provisions of this §335.307 adopted to be effective May 28, 1986, 11 TexReg 2350; amended to be effective November 15, 2001, 26 TexReg 9135