| (a) Applicability. This section applies to applications
for municipal solid waste permits that are declared administratively
complete on or after September 1, 1999.
(b) Preapplication local review committee process.
If an applicant for a municipal solid waste permit decides to participate
in a local review committee process under Texas Health and Safety
Code, §361.063, the applicant shall submit to the executive director
a notice of intent to file an application, setting forth the proposed
location and type of facility. The executive director shall mail notice
to the county judge of the county in which the facility is to be located.
If the proposed facility is to be located in a municipality or the
extraterritorial jurisdiction of a municipality, a copy of the notice
must also be mailed to the mayor of the municipality. The executive
director shall also mail notice to the appropriate regional solid
waste planning agency or council of government. The mailing must be
by certified mail.
(c) Notice of Receipt of Application and Intent to
Obtain a Permit.
(1) Upon the executive director's receipt of an application,
or notice of intent to file an application, the chief clerk shall
mail notice to the state senator and representative who represent
the area in which the facility is or will be located.
(2) After the executive director determines that the
application is administratively complete:
(A) notice must be given as required by §39.418
of this title (relating to Notice of Receipt of Application and Intent
to Obtain Permit) and, if a newspaper is not published in the county,
then the applicant shall publish notice in a newspaper of circulation
in the immediate vicinity in which the facility is located or proposed
to be located. This notice must contain the text as required by §39.411(b)(1)
- (11) of this title (relating to Text of Public Notice);
(B) the chief clerk shall publish Notice of Receipt
of Application and Intent to Obtain Permit in the Texas Register;
and
(C) the executive director or chief clerk shall mail
the Notice of Receipt of Application and Intent to Obtain Permit,
along with a copy of the application or summary of its contents to
the mayor and health authority of a municipality in whose territorial
limits or extraterritorial jurisdiction the solid waste facility is
located, and to the county judge and the health authority of the county
in which the facility is located.
(d) Notice of Application and Preliminary Decision.
The notice required by §39.419 of this title (relating to Notice
of Application and Preliminary Decision) must be published once as
required by §39.405(f)(2) of this title (relating to General
Notice Provisions). The notice must be published after the chief clerk
has mailed the Notice of Application and Preliminary Decision to the
applicant. The notice must contain the text as required by §39.411(c)(1)
- (6) of this title.
(e) Notice of public meeting.
(1) For an application for a new facility, the agency:
(A) may hold a public meeting under §55.154 of
this title (relating to Public Meetings) in the county in which the
facility is proposed to be located to receive public comment concerning
the application; but
(B) shall hold a public meeting under §55.154
of this title in the county in which the facility is proposed to be
located to receive public comment concerning the application:
(i) on the request of a member of the legislature who
represents the general area in which the facility is proposed to be
located; or
(ii) if the executive director determines that there
is substantial public interest in the proposed facility.
(2) The applicant may hold a public meeting in the
county in which the facility is proposed to be located.
(3) For purposes of this subsection, "substantial public
interest" is demonstrated if a request for a public meeting is filed
by:
(A) a local governmental entity with jurisdiction over
the location at which the facility is proposed to be located by formal
resolution of the entity's governing body;
(B) a council of governments with jurisdiction over
the location at which the facility is proposed to be located by formal
request of either the council's solid waste advisory committee, executive
committee, or governing board;
(C) a homeowners' or property owners' association formally
organized or chartered and having at least ten members located in
the general area in which the facility is proposed to be located;
or
(D) a group of ten or more local residents, property
owners, or businesses located in the general area in which the facility
is proposed to be located.
(4) A public meeting is not a contested case proceeding
under the Administrative Procedure Act. A public meeting held as part
of a local review committee process under subsection (b) of this section
meets the requirements of paragraph (1) of this subsection if public
notice is provided under this subsection.
(5) The applicant shall publish notice of any public
meeting under this subsection, in accordance with §39.405(f)(2)
of this title, once each week during the three weeks preceding a public
meeting. The published notice must be at least 15 square inches (96.8
square centimeters) with a shortest dimension of at least three inches
(7.6 centimeters). For public meetings under paragraph (2) of this
subsection, the notice of public meeting is not subject to §39.411(d)
of this title, but instead must contain at least the following information:
(A) permit application number;
(B) applicant's name;
(C) proposed location of the facility;
(D) location and availability of copies of the application;
(E) location, date, and time of the public meeting;
and
(F) name, address, and telephone number of the contact
person for the applicant from whom interested persons may obtain further
information.
(6) For public meetings held by the agency under paragraph
(1) of this subsection, the chief clerk shall mail notice to the persons
listed in §39.413 of this title (relating to Mailed Notice).
(f) Notice of hearing.
(1) This subsection applies if an application is referred
to the State Office of Administrative Hearings for a contested case
hearing under Chapter 80 of this title (relating to Contested Case
Hearings).
(2) The applicant shall publish notice at least once
under §39.405(f)(2) of this title.
(3) Mailed notice.
(A) If the applicant proposes a new facility, the applicant
shall mail notice of the hearing to each residential or business address
located within 1/2 mile of the facility and to each owner of real
property located within 1/2 mile of the facility listed in the real
property appraisal records of the appraisal district in which the
facility is located. The notice must be mailed to the persons listed
as owners in the real property appraisal records on the date the application
is determined to be administratively complete. The notice must be
mailed no more than 45 days and no less than 30 days before the hearing.
Within 30 days after the date of mailing, the applicant shall file
with the chief clerk an affidavit certifying compliance with its obligations
under this subsection. Filing an affidavit certifying facts that constitute
compliance with notice requirements creates a rebuttable presumption
of compliance with this subparagraph.
(B) If the applicant proposes to amend a permit, the
chief clerk shall mail notice to the persons listed in §39.413
of this title.
(4) Notice under paragraphs (2) and (3)(B) of this
subsection must be completed at least 30 days before the hearing.
|
| Source Note: The provisions of this §39.501 adopted to be effective September 23, 1999, 24 TexReg 8190; amended to be effective August 15, 2002, 27 TexReg 7132; amended to be effective July 19, 2006, 31 TexReg 5646; amended to be effective June 24, 2010, 35 TexReg 5198; amended to be effective May 14, 2020, 45 TexReg 3060 |
