| (a) Unless otherwise stated, an application for a permit
to store, process, or dispose of solid waste must meet the following
requirements.
(1) One original and three copies of the permit application
shall be submitted on forms provided by or approved by the executive
director and shall be accompanied by a like number of originals and
copies of all required exhibits.
(2) Plans and specifications for the construction and
operation of the facility and the staffing pattern for the facility
shall be submitted, including the qualifications of all key operating
personnel. Also to be submitted is the closing plan for the solid
waste storage, processing, or disposal facility. The information provided
must be sufficiently detailed and complete to allow the executive
director to ascertain whether the facility will be constructed and
operated in compliance with all pertinent state and local air, water,
public health, and solid waste statutes. Also to be submitted are
listings of sites owned, operated, or controlled by the applicant
in the State of Texas. For purposes of this section, the terms "permit
holder" and "applicant" include each member of a partnership or association
and, with respect to a corporation, each officer and the owner or
owners of a majority of the corporate stock, provided such partner
or owner controls at least 20% of the permit holder or applicant and
at least 20% of another business which operates a solid waste management
facility.
(3) Any other information as the executive director
may deem necessary to determine whether the facility and the operation
thereof will comply with the requirements of the Texas Solid Waste
Disposal Act (TSWDA) and Chapter 335 of this title (relating to Industrial
Solid Waste and Municipal Hazardous Waste), shall be included, including,
but not limited to, the information set forth in the TSWDA, §4(e)(13).
(4) An application for a permit, permit amendment,
or permit modification to store, process, or dispose of hazardous
waste is subject to the following requirements, as applicable.
(A) In the case of an application for a permit to store,
process, or dispose of hazardous waste, the application shall also
contain any additional information required by 40 Code of Federal
Regulations (CFR) §§270.13 - 270.27 (as amended though July
14, 2006 (71 Federal Register 40254)), except that closure cost estimates
shall be prepared in accordance with 40 CFR §264.142(a)(1), (3),
and (4), as well as §37.131 of this title (relating to Annual
Inflation Adjustments to Closure Cost Estimates), §37.141 of
this title (relating to Increase in Current Cost Estimate), and §335.178
of this title (relating to Cost Estimate for Closure).
(B) An application for a permit to store, process,
or dispose of hazardous waste shall also contain financial information
sufficient to demonstrate to the satisfaction of the executive director
that the applicant has sufficient financial resources to operate and
close the facility in a safe manner in compliance with the permit
and all applicable rules as well as how an applicant intends to obtain
financing for construction of the facility. Financial information
necessary to satisfy this subparagraph shall be as follows:
(i) For publicly traded entities:
(I) copies of the most recent two Securities and Exchange
Commission Form 10-Ks;
(II) a copy of the Securities and Exchange Commission
Form 10-Q for the most recent quarter;
(III) a statement signed by an authorized signatory
consistent with §305.44(a) of this title (relating to Signatories
to Applications) explaining in detail how the applicant demonstrates
sufficient financial resources to construct, safely operate, properly
close, and provide adequate liability coverage for the facility. This
statement must also address how the applicant intends to comply with
the financial assurance requirements for closure, post-closure, corrective
action, and liability coverage consistent with Chapter 37, Subchapter
P of this title (relating to Financial Assurance for Hazardous and
Nonhazardous Industrial Solid Waste Facilities); and
(IV) estimates of capital costs for expansion and/or
construction if the application encompasses facility expansion, capacity
expansion, or new construction; or
(ii) For privately held entities with audited financial
statements for either of the most recent two fiscal years:
(I) complete copies of the audited financial statements
for each of the most recent two fiscal years if audits have been performed
in each year. If an audit has not been completed for one of the previous
two years, a complete copy of the fiscal year end financial statement
and federal tax return may be substituted in lieu of the audit not
performed. The tax return must be certified by original signature
of an authorized signatory as being a "true and correct copy of the
return filed with the Internal Revenue Service." Financial statements
shall be prepared consistent with generally accepted accounting principles
and include a balance sheet, income statement, cash flow statement,
notes to the financial statement, and accountant's opinion letter;
(II) a complete copy of the most current quarterly
financial statement prepared consistent with generally accepted accounting
principles;
(III) a written statement detailing the information
that would normally be found in Securities and Exchange Commission's
Form 10-K including descriptions of the business and its operations;
identification of any affiliated relationships; credit agreements
and terms; any legal proceedings involving the applicant; contingent
liabilities; and significant accounting policies;
(IV) estimates of capital costs for expansion and/or
construction if the application encompasses facility expansion, capacity
expansion, or new construction; and
(V) a statement signed by an authorized signatory consistent
with §305.44(a) of this title explaining in detail how the applicant
demonstrates sufficient financial resources to construct, safely operate,
properly close, and provide adequate liability coverage for the facility.
This statement must also address how the applicant intends to comply
with the financial assurance requirements for closure, post-closure,
corrective action, and liability coverage in accordance with Chapter
37, Subchapter P of this title; or
(iii) For privately held entities without audited financial
statements for either of the two most recent fiscal years, or entities
choosing not to provide the information provided in clauses (i), (ii),
or (iv) of this subparagraph:
(I) a financial plan sufficiently detailed to clearly
demonstrate that the applicant will be in a position to readily secure
financing for construction, operation, and closure if the permit is
issued. The submitted financial plan must be accompanied by original
letters of opinion from two financial experts, not otherwise employed
by the applicant, who have the demonstrated ability to either finance
the facility or place the required financing. The opinion letters
must certify that the financial plan is reasonable; certify that financing
is obtainable within 180 days of final administrative and judicial
disposition of the permit application; and include the time schedule
contingent upon permit finality for securing the financing. Only one
opinion letter from a financial expert, not otherwise employed by
the applicant, is required if the letter renders a firm commitment
to provide all the necessary financing;
(II) a written detail of the annual operating costs
of the facility and a projected cash flow statement including the
period of construction and first two years of operation. The cash
flow statement must demonstrate the financial resources to meet operating
costs, debt service, and financial assurance for closure, post-closure
care, and liability coverage requirements. A list of the assumptions
made to forecast cash flow shall also be provided;
(III) a statement addressing how the applicant intends
to comply with the financial assurance requirements for closure, post-closure,
corrective action, and liability coverage in accordance with Chapter
37, Subchapter P of this title; and
(IV) estimates of capital costs for expansion and/or
construction if the application encompasses facility expansion, capacity
expansion, or new construction; or
(iv) For applicants possessing a resolution from a
governing body approving or agreeing to approve the issuance of bonds
for the purpose of satisfying the financial assurance requirements
of this subparagraph:
(I) a statement signed by an authorized signatory consistent
with §305.44(a) of this title explaining in detail how the applicant
demonstrates sufficient financial resources to construct, safely operate,
properly close, and provide adequate liability coverage for the facility.
This statement must also address how the applicant intends to comply
with the financial assurance requirements for closure, post-closure,
corrective action, and liability coverage consistent with Chapter
37, Subchapter P of this title;
(II) a certified copy of the resolution; and
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