Current through Reg. 50, No. 13; March 28, 2025
(a) Applicability. This section applies to
applications for industrial or hazardous waste facility permits that are
declared administratively complete on or after September 1, 1999.
(b) Preapplication requirements.
(1) If an applicant for an industrial or
hazardous waste facility permit decides to participate in a local review
committee process under Texas Health and Safety Code, §
361.063, the
applicant shall submit a notice of intent to file an application to the
executive director, setting forth the proposed location and type of facility.
The applicant shall mail notice to the county judge of the county in which the
facility is to be located. If the proposed facility is to be located in a
municipality or the extraterritorial jurisdiction of a municipality, a copy of
the notice must also be mailed to the mayor of the municipality. Mailed notice
must be by certified mail. When the applicant submits the notice of intent to
the executive director, the applicant shall publish notice of the submission in
a paper of general circulation in the county in which the facility is to be
located.
(2) The requirements of
this paragraph are set forth in 40 Code of Federal Regulations (CFR)
§124.31(b) - (d), which is adopted by reference as amended and adopted in
the CFR through December 11, 1995 (60 FR 63417), and apply to all hazardous
waste part B applications for initial permits for hazardous waste management
units, hazardous waste part B permit applications for major amendments, and
hazardous waste part B applications for renewal of permits, where the renewal
application is proposing a significant change in facility operations. For the
purposes of this paragraph, a "significant change" is any change that would
qualify as a Class 3 permit modification under §
305.69 of this title (relating to
Solid Waste Permit Modification at the Request of the Permittee). The
requirements of this paragraph do not apply to an application for minor
amendment under §
305.62 of this title (relating to
Amendments), correction under §
50.145 of this title (relating to
Corrections to Permits), or modification under §
305.69 of this title, or to an
application that is submitted for the sole purpose of conducting post-closure
activities or post-closure activities and corrective action at a facility,
unless the application is also for an initial permit for hazardous waste
management unit(s), or the application is also for renewal of the permit, where
the renewal application is proposing a significant change in facility
operations.
(c) Notice
of Receipt of Application and Intent to Obtain Permit.
(1) Upon the executive director's receipt of
an application, or notice of intent to file an application, the Office of the
Chief Clerk (chief clerk) shall mail notice to the state senator and
representative who represent the area in which the facility is or will be
located and to the persons listed in §
39.413 of this title (relating to
Mailed Notice). For all hazardous waste part B applications for initial permits
for hazardous waste management units, hazardous waste part B permit
applications for major amendments, and hazardous waste part B applications for
renewal of permits, the chief clerk shall provide notice to meet the
requirements of this subsection and
40 CFR §
124.32(b), which is adopted
by reference as amended and adopted in the CFR through December 11, 1995 (60 FR
63417), and the executive director shall meet the requirements of
40 CFR §
124.32(c), which is adopted
by reference as amended and adopted in the CFR through December 11, 1995 (60 FR
63417). The requirements of this paragraph relating to
40 CFR §
124.32(b) and (c) do not
apply to an application for minor amendment under §
305.62 of this title, correction
under §
50.145 of this title, or
modification under §
305.69 of this title, or to an
application that is submitted for the sole purpose of conducting post-closure
activities or post-closure activities and corrective action at a facility,
unless the application is also for an initial permit for hazardous waste
management unit(s), or the application is also for renewal of the
permit.
(2) After the executive
director determines that the application is administratively complete:
(A) notice must be given as required by
§
39.418 of this title (relating to
Notice of Receipt of Application and Intent to Obtain Permit). Notice under
§
39.418 of this title will satisfy
the notice of receipt of application required by §
281.17(d) of
this title (relating to Notice of Receipt of Application and Declaration of
Administrative Completeness); and
(B) the executive director or chief clerk
shall mail notice of this determination along with a copy of the application or
summary of its contents to the mayor and health authority of a municipality in
whose territorial limits or extraterritorial jurisdiction the solid waste
facility is located, and to the county judge and the health authority of the
county in which the facility is located.
(d) Notice of Application and Preliminary
Decision. The notice required by §
39.419 of this title (relating to
Notice of Application and Preliminary Decision) must be published once as
required by §
39.405(f)(2) of
this title (relating to General Notice Provisions). In addition to the
requirements of §
39.419 of this title and §
39.426 of this title (relating to
Alternative Language Requirements), the following requirements apply.
(1) The applicant shall publish notice at
least once in a newspaper of general circulation in each county that is
adjacent or contiguous to each county in which the facility is located. One
notice may satisfy the requirements of §
39.405(f)(2) of
this title and of this subsection, if the newspaper meets the requirements of
both rules.
(2) If the application
concerns a hazardous waste facility, the applicant shall broadcast notice of
the application on one or more local radio stations that broadcast to an area
that includes all of the county in which the facility is located. The executive
director may require that the broadcasts be made to an area that also includes
contiguous counties.
(3) The notice
must comply with §
39.411 of this title (relating to
Text of Public Notice). The deadline for public comments on industrial solid
waste applications will be not less than 30 days after newspaper publication,
and for hazardous waste applications, not less than 45 days after newspaper
publication.
(e) Notice
of public meeting.
(1) For an application for
a new hazardous waste facility, the agency:
(A) may hold a public meeting under §
55.154 of this title (relating to
Public Meetings) in the county in which the facility is proposed to be located
to receive public comment concerning the application; but
(B) shall hold a public meeting under §
55.154 of this title in the county
in which the facility is proposed to be located to receive public comment
concerning this application:
(i) on the
request of a member of the legislature who represents the general area in which
the facility is proposed to be located; or
(ii) if the executive director determines
that there is substantial public interest in the proposed facility.
(2) For an application
for a major amendment to or a Class 3 modification of an existing hazardous
waste facility permit, the agency:
(A) may
hold a public meeting under §
55.154 of this title in the county
in which the facility is located to receive public comment concerning the
application; but
(B) shall hold a
public meeting under §
55.154 of this title in the county
in which the facility is located to receive public comment concerning the
application:
(i) on the request of a member
of the legislature who represents the general area in which the facility is
located; or
(ii) if the executive
director determines that there is substantial public interest in the
facility.
(3)
For purposes of this subsection, "substantial public interest" is demonstrated
if a request for a public meeting is filed by:
(A) a local governmental entity with
jurisdiction over the location at which the facility is located or proposed to
be located by formal resolution of the entity's governing body;
(B) a council of governments with
jurisdiction over the location at which the facility is located or proposed to
be located by formal request of either the council's solid waste advisory
committee, executive committee, or governing board;
(C) a homeowner's or property owners'
association formally organized or chartered and having at least ten members
located in the general area in which the facility is located or proposed to be
located; or
(D) a group of ten or
more local residents, property owners, or businesses located in the general
area in which the facility is located or proposed to be located.
(4) For an application for a new
industrial or hazardous waste facility that would accept municipal solid waste,
the applicant may hold a public meeting in the county in which the facility is
proposed to be located.
(5) A
public meeting is not a contested case proceeding under the Administrative
Procedure Act. A public meeting held as part of a local review committee
process under subsection (b) of this section meets the requirements of
paragraph (1) or (2) of this subsection if public notice is provided under this
subsection.
(6) The applicant shall
publish notice of any public meeting under this subsection, in accordance with
§
39.405(f)(2) of
this title, once each week during the three weeks preceding a public meeting.
The published notice must be at least 15 square inches (96.8 square
centimeters) with a shortest dimension of at least three inches (7.6
centimeters). For public meetings under paragraph (3) of this subsection, the
notice of public meeting is not subject to §
39.411(d) of
this title, but instead must contain at least the following information:
(A) permit application number;
(C) proposed location of the
facility;
(D) location and
availability of copies of the application;
(E) location, date, and time of the public
meeting; and
(F) name, address, and
telephone number of the contact person for the applicant from whom interested
persons may obtain further information.
(7) For public meetings held by the agency
under paragraph (1) or (2) of this subsection, the chief clerk shall mail
notice to the persons listed in §
39.413 of this title.
(f) Notice of hearing.
(1) Applicability. This subsection applies if
an application is referred to the State Office of Administrative Hearings for a
contested case hearing under Chapter 80 of this title (relating to Contested
Case Hearings).
(2) Newspaper
notice.
(A) The applicant shall publish
notice at least once in a newspaper of general circulation in the county in
which the facility is located and in each county and area that is adjacent or
contiguous to each county in which the proposed facility is located.
(B) If the application concerns a hazardous
waste facility, the hearing must include one session held in the county in
which the facility is located. The applicant shall publish notice of the
hearing once each week during the three weeks preceding the hearing under
§
39.405(f)(2) of
this title. The published notice must be at least 15 square inches (96.8 square
centimeters) with a shortest dimension of at least three inches (7.6
centimeters) or have a total size of at least nine column inches (18 square
inches). The text of the notice must include the statement that at least one
session of the hearing will be held in the county in which the facility is
located.
(3) Mailed
notice.
(A) If the applicant proposes a new
solid waste management facility, the applicant shall mail notice to each
residential or business address located within 1/2 mile of the facility and to
each owner of real property located within 1/2 mile of the facility listed in
the real property appraisal records of the appraisal district in which the
facility is located. The notice must be mailed to the persons listed as owners
in the real property appraisal records on the date the application is
determined to be administratively complete. The chief clerk shall mail notice
to the persons listed in §
39.413 of this title, except that
the chief clerk shall not mail notice to the persons listed in §
39.413(1) of
this title. The notice must be mailed no more than 45 days and no less than 30
days before the hearing. Within 30 days after the date of mailing, the
applicant shall file with the chief clerk an affidavit certifying compliance
with its obligations under this subsection. Filing an affidavit certifying
facts that constitute compliance with notice requirements creates a rebuttable
presumption of compliance with this subparagraph.
(B) If the applicant proposes to amend or
renew an existing permit, the chief clerk shall mail notice to the persons
listed in §
39.413 of this title.
(4) Radio broadcast. If the
application concerns a hazardous waste facility, the applicant shall broadcast
notice of the hearing under subsection (d)(2) of this section.
(5) Deadline. Notice under paragraphs (2)(A),
(3), and (4) of this subsection must be completed at least 30 days before the
hearing.
(g) Injection
wells. This section does not apply to applications for an injection well
permit.
(h) Information repository.
The requirements of
40 CFR §
124.33(b) -
(f), which is adopted by reference as amended
and adopted in the CFR through December 11, 1995 (60 FR 63417), apply to all
applications for hazardous waste permits.