30 TAC § 334.482. General Requirements

(a) No person may cause, suffer, allow, or permit the storage, treatment, transport, reuse, or disposal of petroleum-substance waste except as authorized by this subchapter and the rules of the commission.

(b) Prior to proceeding in any manner that differs from the requirements of this subchapter, the generator and/or an authorized representative of the treatment facility must secure written agency approval in the form of a variance in accordance with this section.

(c) The agency has authority to review and approve requests for variances from the requirements of this subchapter. The agency may approve such requests only if the generator and/or an authorized representative of the treatment facility can demonstrate to the satisfaction of appropriate agency staff that the proposed alternative procedure is protective of human health and safety and the environment.

(d) Any request to the agency for approval of a variance must be made in writing, must be signed and dated by the generator and/or an authorized representative of the treatment facility, and must be accompanied by complete project identification and documentation as requested by agency staff.

(e) If a variance is granted by the agency, the generator and treatment facility must maintain complete copies of the variance and supporting documentation (including the request for the variance) in the manner described in §334.497 (relating to Recordkeeping and Reporting Procedures Applicable to Generators).

(f) Once a person has received a written variance from the agency under this subsection, that person must adhere to the terms of that variance as written or to the rule requirements for which the variance was sought.