| (a) General procedures. Under Texas Health and Safety
Code, Chapters 361, 363, and 364, counties are empowered to require
and issue licenses authorizing and governing the operation and maintenance
of medical waste storage, processing, or disposal facilities not within
the territorial limits or extraterritorial jurisdiction of incorporated
cities and towns. The county shall mail a copy of the approved license
to the appropriate agency regional office. The territorial limits
and the extraterritorial jurisdiction of incorporated cities and towns
are excluded from county authority to make regulations for the governing
and controlling of medical waste collection, processing, and storage.
(b) Licensing procedures. The following pertain only
to those counties that may choose to exercise licensing authority
in accordance with this section.
(1) Licensing authority.
(A) Before exercising licensing authority for a medical
waste facility required to obtain a registration, a county government
shall promulgate regulations that are consistent with those established
by the commission and that have been approved by the commission.
(B) Before exercising licensing authority for a medical
waste facility that is not required to obtain a registration, a county
government shall promulgate regulations that are compatible with those
established by the commission. County regulations must be submitted
to the commission for approval. At a minimum, county regulations shall
be protective of human health and the environment.
(C) A county may not make regulations for medical waste
management within the extraterritorial or territorial jurisdiction
of incorporated cities or towns.
(D) Only the commission may issue registrations for
medical waste facilities located within the extraterritorial or territorial
jurisdiction of incorporated cities or towns within the county.
(E) A county license for a medical waste facility may
not be issued, extended, or renewed without prior approval of the
commission.
(F) Once a license is issued by a county and remains
valid, a registration from the commission is not required.
(2) Public meeting. A county shall offer an opportunity
to request for a public meeting, and issue appropriate notifications,
in accordance with the procedures established in §326.73 of this
title (relating to Registration Application Processing).
(c) Contents of a license. A license for a medical
waste facility issued by a county must include:
(1) the name and address of each person that owns the
land on which the medical waste facility is located and the person
that is or will be the operator of the facility;
(2) a legal description of the land on which the facility
is located;
(3) the terms and conditions on which the license is
issued, including the duration of the license; and
(4) the volume of waste to be managed.
(d) Licensee's responsibilities. Medical waste facilities
licensed by a county shall be operated in compliance with regulations
of the commission and the county.
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