(a) Applicability. This section sets forth the way
in which action will be taken on applications filed with the executive
director for either a permit or a registration to land apply, store,
process, dispose of, or incinerate sewage sludge, biosolids, water
treatment residuals, or domestic septage.
(b) Permit actions.
(1) All permit applications are subject to the standards
and requirements as set forth in Chapter 39, Subchapters H - J of
this title (relating to Applicability and General Provisions; Public
Notice of Solid Waste Applications; 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), and
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).
(2) For disposal and incineration permit applications,
notice must be provided to all owners of properties within 1/2 mile
of the border of any portion of the tract of land where the permitted
activities would occur. For beneficial use (excluding Class B biosolids),
processing, and storage permit applications, notice must be provided
to all owners of properties adjacent to any portion of the tract of
land where the permitted activities will occur. The tract of land
includes all contiguous properties under the ownership or control
of the applicant.
(3) For Class B biosolids beneficial land use permit
applications:
(A) notice must be provided under Chapter 39 of this
title (relating to Public Notice) and under Texas Water Code, §5.552.
The notice must also contain the anticipated date of the first land
application of biosolids to the proposed land application unit. An
applicant for a new permit, permit amendment, or permit renewal under
Texas Health and Safety Code, §361.121(c), shall notify by registered
or certified mail each owner of land located within 1/4 mile of the
proposed land application unit who lives on that land; and
(B) an owner of the land located within 1/4 mile of
the proposed land application unit who lives on the land is considered
an "affected person" for purposes of Texas Water Code, §5.115,
and Chapter 55 of this title (relating to Requests for Reconsideration
and Contested Case Hearings; Public Comment). Individuals who do not
own land within 1/4 mile of the proposed land application unit are
not excluded from being considered "affected persons" under §55.203
of this title (relating to Determination of Affected Person).
(c) Registration actions.
(1) The public notice requirements of this subsection
apply to new applications for a registration, and to applications
for major amendment of a registration. The requirements of this subsection
do not apply to sites where only Class A or Class AB biosolids that
has been authorized for marketing and distribution are to be land
applied for beneficial use or registrations for beneficial land use
or disposal of water treatment residuals in a land application unit,
surface impoundment, or waste pile.
(2) The Office of the Chief Clerk shall mail the Notice
of Receipt of Application and Declaration of Administrative Completeness
along with a copy of the registration application to the county judge
in the county where the proposed site is to be located.
(3) The Office of the Chief Clerk shall mail the Notice
of Receipt of Application and Declaration of Administrative Completeness
to the landowners named on the application map or supplemental map,
or the sheet attached to the application map or supplemental map.
(4) Each notice must specify both the name, affiliation,
address, and telephone number of the applicant and of the executive
director staff who may be reached to obtain more information about
the application to register the site. The notice must specify that
the registration application has been provided to the county judge
and that it is available for review by interested parties.
(5) Any application for a registration is subject to
the standards and requirements for actions concerning amendments,
modifications, transfers, and renewals of registrations, as set forth
in Chapter 50, Subchapter G of this title.
(d) Public comment on registrations. A person may provide
the commission with written comments on any new or major amendment
applications to register a site, where applicable. The executive director
shall review any written comments when they are received within 30
days of mailing the notice. The written information received will
be considered by the executive director in determining what action
to take on the application for registration in accordance with §312.12(b)
of this title (relating to Registrations).
(e) Motion to overturn. The applicant, public interest
counsel, or other person may file with the chief clerk a motion to
overturn under §50.139 of this title (relating to Motion to Overturn
Executive Director's Decision) to overturn the executive director's
final approval or denial of an application.
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Source Note: The provisions of this §312.13 adopted to be effective October 13, 1995, 20 TexReg 7840; amended to be effective May 15, 1997, 22 TexReg 4003; amended to be effective August 29, 2002, 27 TexReg 7958; amended to be effective October 20, 2005, 30 TexReg 6743; amended to be effective October 2, 2014, 39 TexReg 7756; amended to be effective April 23, 2020, 45 TexReg 2542 |