Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter I - COMPACT WASTE DISPOSAL FACILITY APPLICATION SELECTION PROCESS › Section 336.807 - Administrative Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Not later than
				  the 45th day after the date an application is received under this subchapter,
				  the executive director shall issue an administrative notice of deficiency to
				  each applicant whose application is timely submitted, but is determined by the
				  executive director to be administratively incomplete.
(b) The executive director shall provide an
				  applicant, for whom an administrative notice of deficiency is issued, not more
				  than three 30-day opportunities to correct the noted deficiencies in the
				  application. For each 30-day opportunity, the executive director will evaluate
				  the information received in response to a notice of deficiency within 30 days.
				  If the required information is not received from the applicant within 30 days
				  of the date of receipt of the deficiency notice, the executive director shall
				  return the incomplete application to the applicant.
(c) The executive director shall reject any
				  application that, after the period for correcting deficiencies has expired, is
				  not administratively complete.
(d)
				  In determining if an application is administratively complete, the executive
				  director shall consider whether the application contains sufficient information
				  that will allow the technical review of the application, including, but not
				  limited to:
(1) the identity and
				  qualifications of the applicant;
(2) a description of the proposed land
				  disposal facility or facilities and site;
(3) a description of the character of the
				  proposed activities and the types and quantities of waste to be managed at the
				  disposal facility or facilities;
(4) a description of the proposed schedules
				  for construction, receipt of waste, and closure;
(5) a description of the financial assurance
				  mechanism to be used;
(6) a
				  description of the design features of the facility or facilities, along with a
				  description of the methods of construction and operation of the facility or
				  facilities;
(7) a characterization
				  of the area and site characteristics, including ecology, geology, soils,
				  hydrology, natural radiation background, climatology, meteorology, demography,
				  and current land uses;
(8) a
				  description of the safety programs to be used at the proposed land disposal
				  facility or facilities;
(9) a copy
				  of the warranty deed or other conveyance showing that the right, title, and
				  interest in the land on which the land disposal facility or facilities are
				  proposed to be located is owned in fee by the applicant as required by Texas
				  Health and Safety Code, §
											401.204;
(10) an application processing fee of
				  $500,000 as provided in §
											336.103(a)
				  of this title (relating to Schedule of Fees for Subchapter H Licenses) and
				  proof of additional funds sufficient to cover any further costs of processing
				  the application as estimated by the commission; and
(11) a copy of a resolution of support of the
				  proposed land disposal facility or facilities from the commissioners court of
				  the county in which the land disposal facility or facilities are proposed to be
				  located.