Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter B - PERMIT AND REGISTRATION APPLICATION PROCEDURES › Section 330.69 - Public Notice for Registrations

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