| (a) General.
(1) Part I of the application consists of information
that is required regardless of the type of facility involved. All
items required by this section, §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) and §305.45 of this title (relating
to Contents of Application for Permit) must be submitted.
(2) Submittal of Part I by itself will not necessarily
require publication of a notice of intent to obtain a municipal solid
waste (MSW) permit under the provisions of Texas Health and Safety
Code (THSC), §361.0665, or a notice concerning receipt of a permit
application under the provisions of THSC, §361.079.
(3) For a permit application, submittal of Part I only
will not allow a permit application to be declared administratively
complete under the provisions of THSC, §361.068; §281.3
of this title (relating to Initial Review); and §281.18 of this
title (relating to Applications Returned).
(b) Facility location. The owner or operator shall:
(1) provide a description of the location of the facility
with respect to known or easily identifiable landmarks;
(2) detail the access routes from the nearest United
States or state highway to the facility; and
(3) provide the longitudinal and latitudinal geographic
coordinates of the facility.
(c) Maps.
(1) General. The maps submitted as a group shall show
the elements contained in §305.45 of this title and the following:
(A) latitudes and longitudes; and
(B) the property boundary of the facility.
(2) General location maps. These maps shall be all
or a portion of county maps prepared by Texas Department of Transportation
(TxDOT). At least one general location map shall be at a scale of
one-half inch equals one mile. If TxDOT publishes more detailed maps
of the proposed facility area, the more detailed maps shall also be
included in Part I. The latest revision of all maps shall be used.
(3) Land ownership map with accompanying landowners
list.
(A) These maps shall comply with the requirements in §281.5
of this title by locating the property owned by adjacent and potentially
affected landowners. The maps should show all property ownership within
1/4 mile of the facility, and all mineral interest ownership under
the facility.
(B) The adjacent and potentially affected landowners'
list shall be keyed to the land ownership maps and shall give each
property owner's name and mailing address. The list shall comply with
the requirements of §281.5 of this title, and shall include all
property owners within 1/4 mile of the facility, and all mineral interest
ownership under the facility. Property and mineral interest owners'
names and mailing addresses derived from the real property appraisal
records as listed on the date that the application is filed will comply
with this paragraph. Notice of an application is not defective if
property owners or mineral interest 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.
(d) Property owner information. Property owner information
shall include the following:
(1) the legal description of the facility;
(A) the legal description of the property and the county,
book, and page number or other generally accepted identifying reference
of the current ownership record;
(B) for property that is platted, the county, book,
and page number or other generally accepted identifying reference
of the final plat record that includes the acreage encompassed in
the application and a copy of the final plat, in addition to a written
legal description;
(C) a boundary metes and bounds description of the
facility signed and sealed by a registered professional land surveyor;
and
(D) drawings of the boundary metes and bounds description;
and
(2) a property owner affidavit signed by the owner
that includes the following:
(A) acknowledgment that the State of Texas may hold
the property owner of record either jointly or severally responsible
for the operation, maintenance, and closure and post-closure care
of the facility;
(B) for facilities where waste will remain after closure,
acknowledgment that the owner has a responsibility to file with the
county deed records an affidavit to the public advising that the land
will be used for a solid waste facility prior to the time that the
facility actually begins operating as a municipal solid waste landfill
facility, and to file a final recording upon completion of disposal
operations and closure of the landfill units in accordance with §330.19
of this title (relating to Deed Recordation); and
(C) acknowledgment that the facility owner or operator
and the State of Texas shall have access to the property during the
active life and post-closure care period, if required, after closure
for the purpose of inspection and maintenance.
(e) Legal authority. The owner and operator shall provide
verification of their legal status as required by §281.5 of this
title. Normally, this shall be a one-page certificate of incorporation
issued by the secretary of state. The owner or operator shall list
all persons having over a 20% ownership in the proposed facility.
(f) Evidence of competency. Requirements for demonstrating
evidence of competency are as follows.
(1) The owner or operator shall submit a list of all
Texas solid waste sites that the owner or operator has owned or operated
within the last ten years. The site name, site type, permit or registration
number, county, and dates of operation shall also be submitted.
(2) The owner or operator shall submit a list of all
solid waste sites in all states, territories, or countries in which
the owner or operator has a direct financial interest. The type of
site shall be identified by location, operating dates, name, and address
of the regulatory agency, and the name under which the site was operated.
(3) The executive director shall require 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.
(4) The names of the principals and supervisors of
the owner's or operator's organization shall be provided, together
with previous affiliations with other organizations engaged in solid
waste activities.
(5) For landfill permit applications only, evidence
of competency to operate the facility shall also include landfilling
and earthmoving experience if applicable, and other pertinent experience,
or licenses as described in Chapter 30 of this title possessed by
key personnel, and the number and size of each type of equipment to
be dedicated to facility operation.
(6) For mobile liquid waste processing units, the owner
or operator shall submit a list of all solid waste, liquid waste,
or mobile waste units that the owner or operator has owned or operated
within the past five years. The owner or operator shall submit a list
of any final enforcement orders, court judgments, consent decrees,
and criminal convictions of this state and the federal government
within the last five years relating to compliance with applicable
legal requirements relating to the handling of solid or liquid waste
under the jurisdiction of the commission or the United States Environmental
Protection Agency. Applicable legal requirement means an environmental
law, regulation, permit, order, consent decree, or other requirement.
(g) Appointments. The owner or operator shall provide
documentation that the person signing the application meets the requirements
of §305.44 of this title (relating to Signatories to Applications).
If the authority has been delegated, provide a copy of the document
issued by the governing body of the owner or operator authorizing
the person that signed the application to act as agent for the owner
or operator.
(h) Application fees.
(1) In accordance with §305.53 of this title (relating
to Application Fee), the application fee for a permit, or a major
permit amendment as provided in §305.62(j)(1) of this title (relating
to Amendments), for a municipal solid waste landfill is $2,050.
(2) The application fee for a permit, registration,
amendment, modification, or temporary authorization not specified
in paragraph (1) of this subsection is $150.
(3) For a development permit or registration over a
closed municipal solid waste landfill, THSC, §361.532, requires
the Texas Commission on Environmental Quality (TCEQ) to charge an
application fee equal to the actual cost of reviewing the application
prior to the issuance of a development permit. The owner or operator
shall submit an initial application fee of $2,500 to be submitted
in the form of a check or money order made payable to the TCEQ. Upon
completion of the review process, including the public meeting, the
executive director shall present the owner or operator with a refund
for an overcharge, or an invoice for an undercharge.
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