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 330.57 - Permit and Registration Applications for Municipal Solid Waste Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Permit
				  application. The application for a municipal solid waste facility is divided
				  into Parts I - IV. Parts I - IV of the application shall be required before the
				  application is declared administratively complete in accordance with Chapter
				  281 of this title (relating to Applications Processing). The owner or operator
				  shall submit a complete application, containing Parts I - IV, before a hearing
				  can be conducted on the technical design merits of the application. An owner or
				  operator applying for a permit may request a land-use only determination. If
				  the executive director determines that a land-use only determination is
				  appropriate, the owner or operator shall submit a partial application
				  consisting of Parts I and II of the application. The executive director may
				  process a partial permit application to the extent necessary to determine
				  land-use compatibility alone. If the facility is determined to be acceptable on
				  the basis of land use, the executive director will consider technical matters
				  related to the permit application at a later time. When this procedure is
				  followed, an opportunity for a public hearing will be offered for each
				  determination in accordance with §
										39.419
				  of this title (relating to Notice of Application and Preliminary Decision). A
				  complete application, consisting of Parts I - IV of the application, shall be
				  submitted based upon the results of the land-use only public hearing. Owners or
				  operators of Type IAE and Type IVAE municipal solid waste landfill units are
				  required to submit all parts of the application except for those items
				  pertaining to Subchapters H and J of this chapter (relating to Liner System
				  Design and Operation; and Groundwater Monitoring and Corrective Action). Owners
				  or operators of Type IAE and Type IVAE municipal solid waste landfill units are
				  exempt from the geology report requirements of §
										330.63(e)
				  of this title (relating to Contents of Part III of the Application) except for
				  the requirement to submit a soil boring plan in accordance with §
										330.63(e)(4)
				  and (e)(4)(A) of this title, and the
				  information requested in §
										330.63(e)(6)
				  of this title.
(b) Registration
				  application. A registration application for a municipal solid waste facility is
				  also divided into Parts I - IV, but is not subject to a hearing request or to
				  the administrative completeness determinations of Chapter 281 of this
				  title.
(c) Parts of the
				  application.
(1) Part I of the application
				  consists of the information required in §
											281.5
				  of this title (relating to Application for Wastewater Discharge, Underground
				  Injection, Municipal Solid Waste, Radioactive Material, Hazardous Waste, and
				  Industrial Solid Waste Management Permits), §
											305.45
				  of this title (relating to Contents of Application for Permit), and §
											330.59
				  of this title (relating to Contents of Part I of the Application).
(2) Part II of the application describes the
				  existing conditions and character of the facility and surrounding area. Part II
				  of the application shall consist of the information contained in §
											330.61
				  of this title (relating to Contents of Part II of the Application). Parts I and
				  II of a permit application must provide information relating to land-use
				  compatibility under the provisions of Texas Health and Safety Code, §
											361.069. Part
				  II may be combined with Part I of the application or may be submitted as a
				  separate document. An owner or operator must submit Parts I and II of the
				  permit application before a land-use determination is made in accordance with
				  subsection (a) of this section.
(3)
				  Part III of the application contains design information, detailed investigative
				  reports, schematic designs of the facility, and required plans. Part III shall
				  consist of the documents required in §
											330.63
				  of this title.
(4) Part IV of the
				  application contains the site operating plan that shall discuss how the owner
				  or operator plans to conduct daily operations at the facility. Part IV shall
				  consist of the documents required in §
											330.65
				  of this title (relating to Contents of Part IV of the
				  Application).