Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter I - PUBLIC NOTICE OF SOLID WASTE APPLICATIONS › Section 39.510 - Notice Requirements for Inactive Municipal Solid Waste Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies to the owners or
				  operators of inactive permitted municipal solid waste (MSW) facilities, which
				  are those facilities that have not accepted waste within two years of permit
				  issuance or have ceased accepting waste for at least two consecutive years. For
				  the purposes of this section, permit issuance means the date that a permit is
				  issued by the commission or the date of a final, non-appealable decision
				  regarding the permit. This section applies to facilities permitted before, on,
				  or after the effective date of this rule.
(1)
				  Within two years of the date of permit issuance, the date of ceasing to accept
				  waste, or the effective date of this rule, whichever is later, the owner or
				  operator of an inactive MSW facility shall notify the executive director, in
				  writing, that the facility is inactive and that the owner or operator intends
				  to operate the facility in the future. In the event that the owner or operator
				  does not intend to operate the facility, the owner or operator should begin
				  voluntary permit revocation procedures.
(2) Within two years of the date of permit
				  issuance, the date of ceasing to accept waste, or the effective date of this
				  rule, whichever is later, the owner or operator of an inactive permitted MSW
				  facility shall publish notice of intent to operate the facility, at least once,
				  in a newspaper of the largest circulation that is published in the county in
				  which the facility is located or proposed to be located. If a newspaper is not
				  published in the county, then the owner or operator shall publish notice in a
				  newspaper of general circulation in the county in which the facility is located
				  or proposed to be located, and such notice may be satisfied by a one-time
				  publication if the publishing newspaper meets the circulation requirements.
				  Thereafter, notice must be published annually in accordance with this
				  paragraph, until the facility begins accepting waste or voluntary permit
				  revocation is requested.
(3) Within
				  two years of the date of permit issuance, the date of ceasing to accept waste,
				  or the effective date of this rule, whichever is later, the owner or operator
				  of an inactive permitted MSW facility shall provide, by certified mail, the
				  notice of intent to operate the facility to:
(A) landowners within 500 feet of the
				  facility property line, as determined by county tax rolls or other reliable
				  sources;
(B) the mayor and health
				  authorities of the city or town in which territorial limits or extraterritorial
				  jurisdiction the facility is located or proposed to be located;
(C) the county judge and health authorities
				  of the county in which the facility is located or proposed to be located;
				  and
(D) the council of governments
				  that serves or covers the area or county in which the facility is located or
				  proposed to be located. Thereafter, notice must be sent annually in accordance
				  with this paragraph, until the facility begins accepting waste.
(4) The owner or operator shall
				  file an affidavit with the executive director certifying facts that constitute
				  compliance with the notice requirements of paragraphs (2) and (3) of this
				  subsection within 30 days of the last publication of the published notice
				  required by paragraph (2) of this subsection. The owner or operator shall also
				  file a copy of the published notice required by paragraph (2) of this
				  subsection with the executive director that shows the date of publication and
				  the name of the newspaper within ten business days after its publication. The
				  deadline to file a copy of the published notice that shows the date of
				  publication and the name of the newspaper is ten business days after the last
				  date of publication. The deadline to file the affidavit is 30 calendar days
				  after the last date of publication for each notice. Filing an affidavit
				  certifying facts that constitute compliance with the public notice requirements
				  of paragraphs (2) and (3) of this subsection creates a rebuttable presumption
				  of compliance with the requirement to publish notice.
(5) The text of the newspaper notice and the
				  mailed notice must include:
(A) the name and
				  address of the agency and the telephone number of an agency contact from whom
				  interested persons may obtain further information;
(B) the name, address, and telephone number
				  of the owner or operator and a contact person from whom interested persons may
				  obtain further information and, if different, the location of the facility or
				  activity to be regulated by the permit;
(C) a brief description of the activity
				  authorized by the permit;
(D) the
				  permit number and permit issuance date; and
(E) a statement indicating that the permitted
				  facility may begin construction or operation at a future time, and an estimated
				  date of when the facility is expected to begin construction and
				  operation.