| (a) An application shall be submitted to the executive
director. When an application is administratively complete, the executive
director shall assign the application an identification number.
(b) Public Notice.
(1) When an application is administratively complete
the chief clerk shall mail notice to landowners identified in the
landowner list. The chief clerk also shall mail notice to other affected
landowners as directed by the executive director.
(2) When an application is technically complete the
chief clerk shall mail notice to landowners identified in the landowner
list. The chief clerk shall also mail notice to other affected landowners
as directed by the executive director. The applicant shall publish
notice in the county in which the facility is located and in adjacent
counties. The published notice shall be published once a week for
three weeks. The applicant should attempt to obtain publication in
a Sunday edition of a newspaper. The notice shall explain the method
for submitting a motion for reconsideration.
(3) Notice issued under paragraphs (1) or (2) of this
subsection shall contain the following information:
(A) the identifying number given the application by
the executive director;
(B) the type of registration sought under the application;
(C) the name and address of the applicant(s);
(D) the date on which the application was submitted;
and
(E) a brief summary of the information included in
the application.
(c) The executive director shall, after review of any
application for registration of a compost facility, determine approval
or denial of an application in whole or in part. The executive director
shall base the decision on whether the application meets the requirements
of this subchapter and the requirements of §332.4 of this title
(relating to General Requirements).
(d) At the same time that the executive director's
decision is mailed to the applicant, a copy or copies of this decision
shall also be mailed to all landowners identified in the landowner
list and any affected landowners, residents, and businesses.
(e) The applicant or a person affected by the executive
director's final approval of an application may file with the chief
clerk a motion to overturn, under §50.139 of this title (relating
to Motion to Overturn Executive Director's Decision).
|
| Source Note: The provisions of this §332.35 adopted to be effective November 29, 1995, 20 TexReg 9717; amended to be effective May 15, 1997, 22 TexReg 4004; amended to be effective May 14, 2020, 45 TexReg 3125; amended to be effective February 3, 2022, 47 TexReg 303 |
