| (a) Notice to local governments. For mobile liquid
waste processing unit registration applications only, upon filing
a registration application, the owner or operator shall mail notice
to the city, county, and local health department of any local government
in which operations will be conducted notifying local governments
that an application has been filed. Proof of mailing shall be provided
to the executive director in the form of return receipts for registered
mail. Mobile liquid waste processing unit registration applications
are not subject to public meeting or sign-posting requirements under
subsection (b) of this section.
(b) Opportunity for public meeting and posting notice
signs. The owner or operator shall provide notice of the opportunity
to request a public meeting and post notice signs for all registration
applications not later than 45 days of the executive director's receipt
of the application in accordance with the procedures contained in §39.501(c)
of this title (relating to Application for Municipal Solid Waste Permit)
and by posting signs at the proposed site. The owner or operator and
the commission shall hold a public meeting in the local area, prior
to facility authorization, if a public meeting is required based on
the criteria contained in §55.154(c) of this title (relating
to Public Meetings) or by Texas Health and Safety Code, §361.111(c).
Notice of a public meeting shall be provided as specified in §39.501(e)(5)
and (6) of this title. This section does not require the commission
to respond to comments, and it does not create an opportunity for
a contested case hearing. Applications for registrations filed after
the comprehensive rule revisions in this chapter as adopted in 2006
(2006 Revisions) become effective are subject to the 2006 Revisions
requirements to provide notice of the opportunity to request a public
meeting. The owner, operator, or a representative authorized to make
decisions and act on behalf of the owner or operator shall attend
the public meeting. A public meeting conducted under this section
is not a contested case hearing under the Texas Government Code, Chapter
2001, Administrative Procedure Act. At the owner's or operator's expense,
a sign or signs must be posted at the site of the proposed facility
declaring that the application has been filed and stating the manner
in which the commission and owner or operator may be contacted for
further information. Such signs must be provided by the owner or operator
and must substantially meet the following requirements.
(1) Signs must:
(A) consist of dark lettering on a white background
and must be no smaller than four feet by four feet with letters at
least three inches in height and block printed capital lettering;
(B) be headed by the words "PROPOSED MUNICIPAL SOLID
WASTE FACILITY";
(C) include the words "REGISTRATION NO.," the number
of the registration, and the type of registration;
(D) include the words "for further information contact";
(E) include the words "Texas Commission on Environmental
Quality" and the address and telephone number of the appropriate commission
permitting office;
(F) include the name of the owner or operator, and
the address of the appropriate responsible official;
(G) include the telephone number of the owner or operator;
(H) remain in place and legible until the period for
filing a motion to overturn has expired. The owner or operator shall
provide a verification to the executive director that the sign posting
was conducted according to the requirements of this section; and
(I) describe how persons affected may request that
the executive director and applicant conduct a public meeting.
(2) Signs must be located within ten feet of every
property line bordering a public highway, street, or road. Signs must
be visible from the street and spaced at not more than 1,500-foot
intervals. A minimum of one sign, but no more than three signs, shall
be required along any property line paralleling a public highway,
street, or road. This paragraph's sign requirements do not apply to
properties under the same ownership that are noncontiguous or separated
by intervening public highway, street, or road, unless the property
is part of the registered facility.
(3) The owner or operator shall also post signs at
the facility in an alternative language when the alternative language
requirements in §39.405(h)(2) of this title (relating to General
Notice Provisions) are met.
(4) The executive director may approve variances from
the requirements of paragraphs (1) and (2) of this subsection if the
owner or operator has demonstrated that it is not practical to comply
with the specific requirements of those paragraphs and alternative
sign posting plans proposed by the owner or operator are at least
as effective in providing notice to the public. Approval from the
executive director under this paragraph must be received before posting
alternative signs for purposes of satisfying the requirements of this
paragraph.
(c) Notice of final determination. The executive director
shall, after review of an application for registration, determine
if the application will be approved or denied in whole or in part.
In accordance with §50.133(b) of this title (relating to Executive
Director Action on Application or WQMP Update), if the executive director
acts on an application, the chief clerk shall mail or otherwise transmit
notice of the action and an explanation of the opportunity to file
a motion under §50.139 of this title (relating to Motion to Overturn
Executive Director's Decision). The chief clerk shall mail this notice
to the owner and operator, the public interest counsel, to adjacent
landowners as shown on the land ownership map and landowners list
required by §330.59 of this title (relating to Contents of Part
I of the Application), and to other persons who timely filed public
comment in response to public notice.
(d) Motion to overturn. The owner or operator, or a
person affected may file with the chief clerk a motion to overturn
the executive director's action on a registration application, under §50.139
of this title. The criteria regarding motions to overturn shall be
explained in public notices given under Chapter 39 of this title (relating
to Public Notice) and §50.133 of this title.
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