| (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
description;
(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;
(F) fencing;
(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
of state.
(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
facility; and
(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
statement that:
(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
administrator.
(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
application.
(h) General description of the facility location and
design.
(1) Facility location. The owner or operator shall
provide:
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