| (a) Texas Department of Transportation (TxDOT). The
executive director shall coordinate with TxDOT on the review of all
permit applications for municipal solid waste (MSW) land disposal
facilities existing or proposed within 1,000 feet of an interstate
or primary highway to determine the need for screening or special
operating requirements. When primary access to an MSW disposal facility
is provided by state-maintained streets or highways, the executive
director shall solicit recommendations from TxDOT regarding the adequacy
and design capacity of such roadways to safely accommodate the additional
volumes and weights of traffic generated or expected to be generated
by the facility operation.
(b) United States Army Corps of Engineers. The executive
director shall coordinate the review of all permit applications for
MSW disposal facilities with the appropriate district engineer to
determine the need for a permit from the Corps of Engineers.
(c) Federal Aviation Administration (FAA). The executive
director shall coordinate the review of permit applications for all
MSW land disposal facilities existing or proposed in the vicinity
of airports with the appropriate airports' district office of the
FAA (FAA Advisory Circular 150/5200-33C, "Hazardous Wildlife Attractants
on or Near Airports," February 21, 2020).
(d) Special districts. The Texas Health and Safety
Code (THSC) applies to political subdivisions of the state to which
the legislature has given waste handling authority for two or more
counties. The relationship between the agency and any such waste handling
authority will be similar to that between the agency and a county.
(e) Regional planning agencies. The agency will provide
educational, technical, and advisory assistance to the various councils
of governments and regional planning commissions throughout the state.
(f) Municipal governments. Municipalities may enforce
the provisions of this chapter as provided for in the THSC and the
Texas Water Code. The commission is committed to assisting municipal
governments in an educational and advisory capacity. The commission
is a necessary and indispensable party to any suit filed by a local
government under the THSC and the Texas Water Code.
(g) County governments. County governments may exercise
the authority provided in THSC, Chapters 361, 363, and 364, regarding
the management of solid waste including the enforcement of the requirements
of the THSC and this chapter. The provisions of THSC, Chapters 361,
363, and 364, allow county governments to require and issue licenses
authorizing and governing the operation and maintenance of facilities
used for the storage, processing, or disposal of solid waste not in
the territorial or extraterritorial jurisdiction of a municipality.
THSC, Chapters 361, 363, and 364, provide that no license for disposal
of solid waste may be issued, renewed, or extended without the prior
approval of the commission. Under Texas Water Code, Chapter 7, the
commission is a necessary and indispensable party to any suit filed
by a local government for the violation of any provision of the Solid
Waste Disposal Act. If a permit is issued, renewed, or extended by
the commission, the owner or operator of the facility does not need
to obtain a separate license for the same facility from a county or
from a political subdivision as defined in THSC, Chapters 361, 363,
and 364.
(h) Texas Parks and Wildlife Department (TPWD). TPWD
has jurisdiction over certain environmental issues that may be affected
by MSW facilities including, but not limited to, endangered species
and wetlands. The executive director will solicit comments from, and
consider information provided by, TPWD.
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