(a) Applications for permits, registrations, or other
types of approvals required by this subchapter shall be reviewed by
staff for administrative completeness within 14 calendar days of receipt
of the application by the executive director.
(b) Permit and registration applications must include
all information required by §312.11 of this title (relating to
Permits), §312.12 of this title (relating to Registrations),
or §312.142 of this title (relating to Transporter Registration).
(c) Upon receipt of an application for a permit or
registration, excluding transportation registrations, the executive
director shall assign the application a number for identification
purposes, and prepare a Notice of Receipt of Application and Declaration
of Administrative Completeness for domestic septage registrations
or Notice of Receipt of Application and Intent to Obtain Permit for
permits where applicable, which is suitable for publishing or mailing,
and forward that notice to the Office of the Chief Clerk. The Office
of the Chief Clerk shall notify every person entitled to notification
of a particular application as described in §312.13 of this title
(relating to Actions and Notice).
(d) The Notice of Receipt of Application and Declaration
of Administrative Completeness for domestic septage registrations
or Notice of Receipt of Application and Intent to Obtain Permit for
permit where applicable, must contain the information required by
Chapter 39 of this title (relating to Public Notice), Texas Water
Code, §5.552(c), and the approximate anticipated date of the
first land application of Class B biosolids to the proposed land application
unit.
(e) For land application, processing, disposal, storage,
or incineration permits or sewage sludge, biosolids, or water treatment
residuals permit applications and draft permits, nothing in this section
shall be construed so as to waive the notice and processing requirements
in accordance with Chapter 39, Subchapters H and J of this title (relating
to Applicability and General Provisions and Public Notice of Water
Quality Applications and Water Quality Management Plans), Chapter
50, Subchapters E - G of this title (relating to Purpose, Applicability,
and Definitions; Action by the Commission; and Action by the Executive
Director), Chapter 55, Subchapters D - F of this title (relating to
Applicability and Definitions; Public Comment and Public Meetings;
and Requests for Reconsideration or Contested Case Hearing), or Chapter
305, Subchapters C, D, and F of this title (relating to Application
for Permit or Post-Closure Order; Amendments, Renewals, Transfers,
Corrections, Revocation, and Suspension of Permits; and Permit Characteristics
and Conditions).
(f) All permit applications for land application, processing,
disposal, storage, or incineration of sewage sludge, biosolids, or
water treatment residuals are subject to the application processing
procedures and requirements in §§281.18 - 281.24 of this
title (relating to Applications Returned; Technical Review; Extension;
Draft Permit, Technical Summary, Fact Sheet, and Compliance History;
Referral to Commission; Application Amendment; and Effect of Rules).
(g) All registration applications for Class A biosolids,
Class AB biosolids, water treatment residuals, and domestic septage
are subject to the application processing procedures and requirements
in §§281.18 - 281.20 of this title.
(h) A registration or permit will be cancelled upon
receipt of a written request for cancellation from either the site
operator or landowner. The executive director will provide notice
to the other party that cancellation has been requested and that cancellation
will occur ten days from the issuance of notice. This notice is provided
merely as a courtesy by the executive director and is not mandatory
for cancellation.
(i) To transfer a registration or permit, both the
site operator and the landowner must sign the transfer application.
An application for transfer that is not signed by both the site operator
and the landowner will be considered a request for cancellation.
(j) If a registration or permit for a site is cancelled,
a complete application for registration or permit must be submitted
in order to reauthorize the site. If the application is approved,
the site will be authorized under the same site registration or permit
number.
(k) For permits, a major amendment is defined in Chapter
305, Subchapter D of this title. For purposes of this chapter concerning
registrations and except as provided in subsection (l) of this section,
a major amendment for a registration is an amendment that changes
a substantive term, provision, requirement, or a limiting parameter
of a registration or a substantive change in the information provided
in an application for registration. Changes to registrations that
are not considered major include, but are not limited to, typographical
errors, changes that result in more stringent monitoring requirements,
changes in site ownership, changes in site operator, or similar administrative
information.
(l) Upon the effective date of this chapter, the executive
director will process as a minor amendment a request by an existing
permittee or registrant to change any substantive term, provision,
requirement, or a limiting parameter in a permit or registration that
implemented prior regulations of the commission, when it is no longer
a requirement of this chapter. Notice requirements of §312.13
of this title are not applicable to a minor amendment for a registration.
(m) Term limits for registrations or permits may not
exceed five years.
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