| (a) Opportunity for public meeting and posting notice
signs.
(1) 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 after 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.
(2) 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).
(3) Notice of a public meeting shall be provided as
specified in §39.501(e)(3) and (4) 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.
(4) 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 (Texas Administrative Procedure Act).
(5) 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. 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 MEDICAL WASTE
FACILITY;"
(C) include the words "REGISTRATION NO." and the number
of the 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 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; and
(I) describe how persons affected may request that
the executive director and applicant conduct a public meeting.
(6) 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.
(7) 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. These signs must meet the location and
frequency requirements of paragraph (6) of this subsection.
(8) The owner or operator shall provide a certification
to the executive director that the sign posting was conducted according
to the requirements of this section.
(9) The executive director may approve variances from
the requirements of paragraphs (5) and (6) 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.
(b) 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 and to other
persons who timely filed public comment in response to public notice.
(c) 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 the public notices provided in accordance with Chapter
39 of this title (relating to Public Notice) and §50.133 of this
title.
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