Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 312 - SLUDGE USE, DISPOSAL, AND TRANSPORTATION › Subchapter A - GENERAL PROVISIONS › Section 312.10 - Permit and Registration Applications Processing

Current through Reg. 49, No. 28; July 12, 2024
(a) Applications for permits, registrations,
				  or other types of approvals required by this subchapter shall be reviewed by
				  staff for administrative completeness within 14 calendar days of receipt of the
				  application by the executive director.
(b) Permit and registration applications must
				  include all information required by §
										312.11 of this
				  title (relating to Permits), §
										312.12
				  of this title (relating to Registrations), or §
										312.142
				  of this title (relating to Transporter Registration).
(c) Upon receipt of an application for a
				  permit or registration, excluding transportation registrations, the executive
				  director shall assign the application a number for identification purposes, and
				  prepare a Notice of Receipt of Application and Declaration of Administrative
				  Completeness for domestic septage registrations or Notice of Receipt of
				  Application and Intent to Obtain Permit for permits where applicable, which is
				  suitable for publishing or mailing, and forward that notice to the Office of
				  the Chief Clerk. The Office of the Chief Clerk shall notify every person
				  entitled to notification of a particular application as described in §
										312.13 of this
				  title (relating to Actions and Notice).
(d) The Notice of Receipt of Application and
				  Declaration of Administrative Completeness for domestic septage registrations
				  or Notice of Receipt of Application and Intent to Obtain Permit for permit
				  where applicable, must contain the information required by Chapter 39 of this
				  title (relating to Public Notice), Texas Water Code, §
										5.552(c),
				  and the approximate anticipated date of the first land application of Class B
				  biosolids to the proposed land application unit.
(e) For land application, processing,
				  disposal, storage, or incineration permits or sewage sludge, biosolids, or
				  water treatment residuals permit applications and draft permits, nothing in
				  this section shall be construed so as to waive the notice and processing
				  requirements in accordance with Chapter 39, Subchapters H and J of this title
				  (relating to Applicability and General Provisions 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),
				  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), or Chapter 305, Subchapters C, D,
				  and F of this title (relating to Application for Permit or Post-Closure Order;
				  Amendments, Renewals, Transfers, Corrections, Revocation, and Suspension of
				  Permits; and Permit Characteristics and Conditions) .
(f) All permit applications for land
				  application, processing, disposal, storage, or incineration of sewage sludge,
				  biosolids, or water treatment residuals are subject to the application
				  processing procedures and requirements in §§
										281.18-
				  281.24
				  of this title (relating to Applications Returned; Technical Review; Extension;
				  Draft Permit, Technical Summary, Fact Sheet, and Compliance History; Referral
				  to Commission; Application Amendment; and Effect of Rules).
(g) All registration applications for Class A
				  biosolids Class AB biosolids water treatment residuals and domestic septage are
				  subject to the application processing procedures and requirements in
				  §§
										281.18-
				  281.20 of
				  this title.
(h) A registration or
				  permit will be cancelled upon receipt of a written request for cancellation
				  from either the site operator or landowner. The executive director will provide
				  notice to the other party that cancellation has been requested and that
				  cancellation will occur ten days from the issuance of notice. This notice is
				  provided merely as a courtesy by the executive director and is not mandatory
				  for cancellation.
(i) To transfer a
				  registration or permit, both the site operator and the landowner must sign the
				  transfer application. An application for transfer that is not signed by both
				  the site operator and the landowner will be considered a request for
				  cancellation.
(j) If a registration
				  or permit for a site is cancelled, a complete application for registration or
				  permit must be submitted in order to reauthorize the site. If the application
				  is approved, the site will be authorized under the same site registration or
				  permit number.
(k) For permits, a
				  major amendment is defined in Chapter 305, Subchapter D of this title. For
				  purposes of this chapter concerning registrations and except as provided in
				  subsection (l) of this section, a major amendment for a registration is an
				  amendment that changes a substantive term, provision, requirement, or a
				  limiting parameter of a registration or a substantive change in the information
				  provided in an application for registration. Changes to registrations that are
				  not considered major include, but are not limited to, typographical errors,
				  changes that result in more stringent monitoring requirements, changes in site
				  ownership, changes in site operator, or similar administrative
				  information.
(l) Upon the effective
				  date of this chapter, the executive director will process as a minor amendment
				  a request by an existing permittee or registrant to change any substantive
				  term, provision, requirement, or a limiting parameter in a permit or
				  registration that implemented prior regulations of the commission, when it is
				  no longer a requirement of this chapter. Notice requirements of §
										312.13 of this
				  title are not applicable to a minor amendment for a registration.
(m) Term limits for registrations or permits
				  may not exceed five years.