Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter A - GENERAL INFORMATION › Section 330.23 - Relationships with Other Governmental Entities

Current through Reg. 49, No. 28; July 12, 2024
(a) Texas Department of Transportation
				  (TxDOT). The executive director shall coordinate with TxDOT on the review of
				  all permit applications for municipal solid waste (MSW) land disposal
				  facilities existing or proposed within 1,000 feet of an interstate or primary
				  highway to determine the need for screening or special operating requirements.
				  When primary access to an MSW disposal facility is provided by state-maintained
				  streets or highways, the executive director shall solicit recommendations from
				  TxDOT regarding the adequacy and design capacity of such roadways to safely
				  accommodate the additional volumes and weights of traffic generated or expected
				  to be generated by the facility operation.
(b) United States Army Corps of Engineers.
				  The executive director shall coordinate the review of all permit applications
				  for MSW disposal facilities with the appropriate district engineer to determine
				  the need for a permit from the Corps of Engineers.
(c) Federal Aviation Administration (FAA).
				  The executive director shall coordinate the review of permit applications for
				  all MSW land disposal facilities existing or proposed in the vicinity of
				  airports with the appropriate airports' district office of the FAA (FAA
				  Advisory Circular 150/5200.33A, "Hazardous Wildlife Attractants on or Near
				  Airports," July 27, 2004).
(d)
				  Special districts. The Texas Health and Safety Code (THSC) applies to political
				  subdivisions of the state to which the legislature has given waste handling
				  authority for two or more counties. The relationship between the agency and any
				  such waste handling authority will be similar to that between the agency and a
				  county.
(e) Regional planning
				  agencies. The agency will provide educational, technical, and advisory
				  assistance to the various councils of governments and regional planning
				  commissions throughout the state.
(f) Municipal governments. Municipalities may
				  enforce the provisions of this chapter as provided for in the THSC and the
				  Texas Water Code. The commission is committed to assisting municipal
				  governments in an educational and advisory capacity. The commission is a
				  necessary and indispensable party to any suit filed by a local government under
				  the THSC and the Texas Water Code.
(g) County governments. County governments
				  may exercise the authority provided in THSC, Chapters 361, 363, and 364,
				  regarding the management of solid waste including the enforcement of the
				  requirements of the THSC and this chapter. The provisions of THSC, Chapters
				  361, 363, and 364, allow county governments to require and issue licenses
				  authorizing and governing the operation and maintenance of facilities used for
				  the storage, processing, or disposal of solid waste not in the territorial or
				  extraterritorial jurisdiction of a municipality. THSC, Chapters 361, 363, and
				  364, provide that no license for disposal of solid waste may be issued,
				  renewed, or extended without the prior approval of the commission. Under Texas
				  Water Code, Chapter 7, the commission is a necessary and indispensable party to
				  any suit filed by a local government for the violation of any provision of the
				  Solid Waste Disposal Act. If a permit is issued, renewed, or extended by the
				  commission, the owner or operator of the facility does not need to obtain a
				  separate license for the same facility from a county or from a political
				  subdivision as defined in THSC, Chapters 361, 363, and 364.
(h) Texas Parks and Wildlife Department
				  (TPWD). TPWD has jurisdiction over certain environmental issues that may be
				  affected by MSW facilities including, but not limited to, endangered species
				  and wetlands. The executive director will solicit comments from, and consider
				  information provided by, TPWD.