Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 326 - MEDICAL WASTE MANAGEMENT › Subchapter F - OPERATIONS REQUIRING A REGISTRATION › Section 326.73 - Registration Application Processing

Current through Reg. 49, No. 28; July 12, 2024
(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.