30 Tex. Admin. Code § 39.501 - Application for Municipal Solid Waste Permit
(a) Applicability. This section applies to
applications for municipal solid waste permits that are declared
administratively complete on or after September 1, 1999.
(b) Preapplication local review committee
process. If an applicant for a municipal solid waste permit decides to
participate in a local review committee process under Texas Health and Safety
Code, §
361.063, the
applicant shall submit to the executive director a notice of intent to file an
application, setting forth the proposed location and type of facility. The
executive director 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. The executive
director shall also mail notice to the appropriate regional solid waste
planning agency or council of government. The mailing must be by certified
mail.
(c) Notice of Receipt of
Application and Intent to Obtain a Permit.
(1) Upon the executive director's receipt of
an application, or notice of intent to file an application, the chief clerk
shall mail notice to the state senator and representative who represent the
area in which the facility is or will be located.
(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) and, if a
newspaper is not published in the county, then the applicant shall publish
notice in a newspaper of circulation in the immediate vicinity in which the
facility is located or proposed to be located. This notice must contain the
text as required by §
39.411(b)(1) -
(11) of this title (relating to Text of
Public Notice);
(B) the chief clerk
shall publish Notice of Receipt of Application and Intent to Obtain Permit in
the Texas Register; []and
(C) the
executive director or chief clerk shall mail the Notice of Receipt of
Application and Intent to Obtain Permit, 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). The notice must be
published after the chief clerk has mailed the Notice of Application and
Preliminary Decision to the applicant. The notice must contain the text as
required by §
39.411(c)(1) -
(6) of this title.
(e) Notice of public meeting.
(1) For an application for a new 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 the 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) The applicant may
hold a public meeting in the county in which the facility is proposed to be
located.
(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 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 proposed to be
located by formal request of either the council's solid waste advisory
committee, executive committee, or governing board;
(C) a homeowners' or property owners'
association formally organized or chartered and having at least ten members
located in the general area in which the facility is 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 proposed to be located.
(4) 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) of this subsection if public notice is
provided under this subsection.
(5)
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 (2) 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;
(B) applicant's name;
(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.
(6) For public meetings held by the agency
under paragraph (1) of this subsection, the chief clerk shall mail notice to
the persons listed in §
39.413 of this title (relating to
Mailed Notice).
(f)
Notice of hearing.
(1) 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)
The applicant shall publish notice at least once under §
39.405(f)(2) of
this title.
(3) Mailed notice.
(A) If the applicant proposes a new facility,
the applicant shall mail notice of the hearing 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 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 a
permit, the chief clerk shall mail notice to the persons listed in §
39.413 of this title.
(4) Notice under paragraphs (2)
and (3)(B) of this subsection must be completed at least 30 days before the
hearing.
Notes
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