|(a) Maps and Drawings.
(1) General location map. The owner or operator shall
submit a general location map of the facility at a scale of one inch
equals 2,000 feet by using a United States Geological Survey 7 1/2-minute
quadrangle sheet or equivalent as the base map.
(2) Facility access and facility layout. A set of maps
or drawings showing:
(A) public access roads serving the facility;
(B) longitudinal and latitudinal geographic coordinates
for the point of beginning of the facility boundary's metes and bounds
(C) facility boundary;
(D) provisions for the maintenance of any natural windbreaks,
such as greenbelts, where they will improve the appearance and operation
of the facility and, where appropriate, plans for screening the facility
from public view;
(E) all site entrance roads from public access roads;
(G) general locations of main interior facility roadways;
the location and surface type of all roads within one mile of the
facility that will normally be used by the owner or operator for entering
or leaving the facility;
(H) locations of buildings and a descriptive title
of their purpose;
(I) outline of the waste management units and ancillary
equipment for loading/unloading, storage and processing areas;
(J) drainage, pipeline, and utility easements within
the facility; and
(K) any other graphic representations or marginal explanatory
notes necessary to communicate the proposed construction phases of
the facility, if applicable.
(3) Land-use map. This is a constructed map of the
facility showing the facility boundary (registration boundary) of
the facility and any existing zoning on or surrounding the property
and actual uses (e.g., agricultural, industrial, residential) both
within the facility and within one mile of the facility. The owner
or operator shall make every effort to show the location of residences,
commercial establishments, schools, licensed day-care facilities,
churches, cemeteries, ponds or lakes, and recreational areas within
one mile of the facility boundary.
(4) Published zoning map. If available, a published
zoning map for the facility and within one mile of the facility for
the county or counties in which the facility is or will be located.
If the facility requires approval as a nonconforming use or a special
permit from the local government having jurisdiction, a copy of such
approval shall be submitted.
(5) Impact on surrounding area. The use of any land
for a medical waste facility shall not adversely impact human health
or the environment. The owner or operator shall provide information
regarding the likely impacts of the facility on cities, communities,
groups of property owners, or individuals by analyzing the compatibility
of land use, zoning in the vicinity, community growth patterns, and
any other factors associated with the public interest. To assist the
commission in evaluating the impact of the facility on the surrounding
area, the owner or operator shall provide the following:
(A) information about the character of surrounding
land uses within one mile of the proposed facility;
(B) information about growth trends within five miles
of the facility with directions of major development; and
(C) the proximity to residences and other uses (e.g.,
schools, churches, cemeteries, historic structures and sites, archaeologically
significant sites, sites having exceptional aesthetic quality, etc.)
within one mile of the facility. The owner or operator shall provide
the approximate number of residences and commercial establishments
within one mile of the proposed facility including the distances and
directions to the nearest residences and commercial establishments.
Population density and proximity to residences and other uses described
in this paragraph may be considered for assessment of compatibility.
(6) Land ownership map with accompanying landowners
list. The applicant shall include a list of landowners within 1/4
mile of the facility and their addresses along with an appropriately
scaled map locating the property owned by these persons. The landowners'
list shall be keyed to the land ownership map and shall give each
property owner's name and mailing address. Notice of an application
is not defective if property owners did not receive notice because
they were not listed in the real property appraisal records. The list
shall also be provided in electronic form.
(7) Metes and bounds. The applicant shall include a
drawing and a description of the facility boundary signed and sealed
by a registered professional land surveyor.
(b) Property owner affidavit. The applicant shall provide
a property owner affidavit that is signed by the owner and includes:
(1) acknowledgment that the State of Texas may hold
the property owner of record either jointly or severally responsible
for the operation, maintenance, and closure of the facility; and
(2) acknowledgment that the facility owner or operator
and the State of Texas shall have access to the property during the
active life and after closure for the purpose of inspection and maintenance.
(c) Licensed operator. The owner or operator shall
acknowledge that a licensed solid waste facility supervisor, as defined
in Chapter 30 of this title (relating to Occupational Licenses and
Registrations), be employed before commencing facility operation.
(d) Legal authority. The owner and operator shall provide
verification of their legal status as required by §281.5 of this
title (relating to Application for Wastewater Discharge, Underground
Injection, Municipal Solid Waste, Radioactive Material, Hazardous
Waste, and Industrial Solid Waste Management Permits). This shall
be a one-page certificate of incorporation issued by the secretary
(e) Transportation. The owner or operator shall:
(1) provide data on the availability and adequacy of
roads that the owner or operator will use to access the site;
(2) provide data on the volume of vehicular traffic
on access roads within one mile of the proposed facility, both existing
and expected, during the expected life of the proposed facility;
(3) project the volume of traffic expected to be generated
by the facility on the access roads within one mile of the proposed
(4) submit documentation of coordination of all designs
of proposed public roadway improvements such as turning lanes, storage
lanes, etc., associated with site entrances with the entity exercising
maintenance responsibility of the public roadway involved. In addition,
the owner or operator shall submit documentation of coordination with
the Texas Department of Transportation for traffic and location restrictions.
(f) Facility surface water drainage report. The owner
or operator of a medical waste facility shall include a certification
(1) The facility will be constructed, maintained, and
operated to manage run-on and run-off during the peak discharge of
a 25-year rainfall event and must prevent the off-site discharge of
waste and feedstock material, including, but not limited to, in-process
and/or processed materials.
(2) Surface water drainage in and around a facility
will be controlled to minimize surface water running onto, into, and
off the treatment area.
(3) The owner or operator will obtain the appropriate
Texas Pollutant Discharge Elimination System storm water permit coverage
when required; or shall provide the permit number for coverage under
an individual wastewater permit.
(4) The facility will be located outside of the 100-year
floodplain unless the owner or operator can demonstrate that the facility
is designed and will be operated in a manner to prevent washout of
waste during a 100-year storm event, or the facility obtains a conditional
letter of map amendment from the Federal Emergency Management Administration
(5) The facility will not be located in wetlands unless
the owner or operator provides documentation to the extent required
under Clean Water Act, §404 or applicable state wetlands laws,
that steps have been taken to attempt to achieve no net loss of wetlands.
(g) Council of governments and local government review
request. The owner or operator shall submit documentation that the
application was submitted for review to the applicable council of
governments for compliance with regional solid waste plans. The owner
or operator shall also submit documentation that a review letter was
requested from any local governments as appropriate for compliance
with local solid waste plans. Review letters from the aforementioned
entities are not a prerequisite to a final determination on a registration
(h) General description of the facility location and
(1) Facility location. The owner or operator shall
(A) a description of the location of the facility with
respect to known or easily identifiable landmarks;
(B) the access routes from the nearest United States
or state highway to the facility; and
(C) longitudinal and latitudinal geographic coordinates
for the point of beginning of the facility boundary's metes and bounds
(2) Facility access. The owner or operator shall describe
how access will be controlled for the facility such as the type and
location of fences or other suitable means of access control to protect
the public from exposure to potential health and safety hazards, and
to discourage unauthorized entry.
(3) Buffer zones and easement protection. No solid
waste unloading, storage, or processing operations shall occur within
any easement, buffer zone, or right-of-way that crosses the facility.
Processing equipment and storage areas shall maintain a minimum separating
distance of 25 feet between the facility boundary and processing equipment,
loading, unloading and storage areas. Storage units in transport vehicles
are not subject to this subsection provided that the waste is stored
in refrigerated units with temperatures below 45 degrees Fahrenheit.
The executive director may consider alternatives to the buffer zone
requirements of this subsection where the owner or operator demonstrates
that the buffer zone is not feasible and affords ready access for
emergency response and maintenance. The buffer zone shall not be narrower
than that necessary to provide for safe passage for firefighting and
other emergency vehicles. The executive director may consider alternatives
to buffer zone requirements for authorized medical waste storage and
(4) Flow diagrams and narrative. The owner or operator
shall provide flow diagrams showing the various phases of collection,
separation, processing, and disposal as applicable for the types of
wastes received at the facility along with a narrative describing
(i) Waste management unit design.
(1) The owner or operator shall provide generalized
construction information or manufacturer specifications of all storage
and processing units (autoclaves, incinerators, etc.) and ancillary
equipment (i.e., tanks, foundations, sumps, etc.) with regard to number
of units, approximate dimensions and capacities, construction materials,
vents, covers, enclosures, protective coatings of surfaces, etc.
(2) The owner or operator shall provide generalized
description of construction materials for slab and subsurface supports
of all storage and processing components.
(3) The owner or operator shall provide storage and
processing areas designed to control and contain spills and contaminated
water from leaving the facility. The design shall be sufficient to
control and contain a worst case spill or release. Unenclosed containment
areas shall also account for precipitation from a 25-year, 24-hour
(4) The owner or operator shall acknowledge that the
storage of medical waste must be in a secure manner and in a location
that affords protection from theft, vandalism, inadvertent human or
animal exposure, rain, water, and wind. The waste must be managed
so as not to provide a breeding place or food for insects or rodents,
and not generate noxious odors.
(5) For putrescible or biohazardous untreated medical
waste, maintaining a temperature of 45 degrees Fahrenheit or less
during pre-collection storage is optional. Such medical waste stored
for longer than 72 hours during post-collection storage period shall
be maintained at a temperature of 45 degrees Fahrenheit or less.
(j) Treatment requirements. Medical waste shall be
treated in accordance with the provisions of 25 TAC §1.136 (relating
to Approved Methods of Treatment and Disposition). The owner or operator
shall provide a written procedure for the operation and testing of
any equipment used and for the preparation of any chemicals used in
treatment and comply with the following:
(1) The operator shall demonstrate a minimum four log
ten reduction as defined in 25 TAC §1.132 (relating to Definitions)
on routine performance testing using appropriate Bacillus species
biological indicators (as defined in 25 TAC §1.132).
(2) The operator shall conduct testing weekly.