(a) An owner or operator of a reclamation facility or an intermediate facility who wishes to be released from his financial assurance obligations under 40 Code of Federal Regulations (CFR) §261.4(a)(24) shall submit a plan for removing all hazardous secondary material residues to the executive director at least 180 days prior to the date on which the owner or operator expects to cease to operate under the exclusion.
(b) The plan shall include, at a minimum:
  (1) for each hazardous secondary materials storage unit subject to financial assurance requirements under 40 CFR §261.4(a)(24), a description of how all excluded hazardous secondary materials will be recycled or sent for recycling, and how all residues, contaminated containment systems (liners, etc.), contaminated soils, subsoils, structures, and equipment will be removed or decontaminated as necessary to protect human health and the environment;
  (2) a detailed description of the steps necessary to remove or decontaminate all hazardous secondary material residues and contaminated containment system components, equipment, structures, and soils including, but not limited to, procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination necessary to protect human health and the environment;
  (3) a detailed description of any other activities necessary to protect human health and the environment during this timeframe, including, but not limited to, leachate collection, run-on and run-off control; and
  (4) a schedule for conducting the activities described which, at a minimum, includes the total time required to remove all excluded hazardous secondary materials for recycling and decontaminate all units subject to financial assurance under 40 CFR §261.4(a)(24)(vi)(F), and the time required for intervening activities which will allow tracking of the progress of decontamination.
(c) The executive director will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit comments on the plan and request modifications to the plan no later than 30 days from the date of the notice. The executive director in response to a request or at his discretion may hold a public meeting whenever such a public meeting might clarify one or more issues concerning the plan. The executive director will give public notice of the public meeting at least 30 days before it occurs. (Public notice of the public meeting may be given at the same time as notice of the opportunity for the public to submit written comments, and the two notices may be combined.) The executive director will approve, modify, or disapprove the plan within 90 days of its receipt. If the executive director does not approve the plan, the executive director shall provide the owner or operator with a detailed written statement of reasons for the refusal and the owner or operator must modify the plan or submit a new plan for approval within 30 days after receiving such written statement. The executive director will approve or modify this plan in writing within 60 days. If the executive director modifies the plan, this modified plan becomes the approved plan. The executive director must assure that the approved plan is consistent with subsection (b) of this section. A copy of the modified plan with a detailed statement of reasons for the modifications must be mailed to the owner or operator.
(d) Within 60 days of completion of the activities described in the plan for each hazardous secondary materials management unit, the owner or operator must submit to the executive director, by certified United States mail, a certification that all hazardous secondary materials have been removed from the unit and the unit has been decontaminated in accordance with the specifications in the approved plan. The certification must be signed by the owner or operator and signed and sealed by a Texas licensed professional engineer. Documentation supporting the professional engineer's certification must be furnished to the executive director, upon request, until the executive director releases the owner or operator from the financial assurance requirements for 40 CFR §261.4(a)(24).

Source Note: The provisions of this §335.705 adopted to be effective June 16, 2016, 41 TexReg 4259