Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter O - REGIONAL AND LOCAL SOLID WASTE MANAGEMENT PLANNING AND FINANCIAL ASSISTANCE GENERAL PROVISIONS › Section 330.641 - Procedures for Regional and Local Plan Submission, Approval, and Distribution

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to the
				  submission of a plan, the plan shall be adopted by the council of governments
				  or local government(s) in accordance with applicable administrative procedures.
				  Local governments shall coordinate with the appropriate council of governments
				  and ensure that a local plan is consistent with any regional solid waste
				  management plan in effect for the region encompassing the jurisdiction of the
				  local government, if a regional plan has been approved by the
				  commission.
(b) Within 90 days
				  after a regional or local plan has been submitted, the executive director will
				  tentatively determine if the plan conforms to this subchapter. The executive
				  director will communicate this determination to the agency that submitted the
				  plan. If the plan is not in conformance, a notice of deficiency will be
				  provided to the planning agency within 30 days of the tentative disapproval.
				  The executive director has authority to disapprove any plan that has
				  deficiencies. Plans not approved will not be considered by the commission until
				  the executive director determines that the deficiencies have been corrected,
				  unless the council of governments or local government submits a request for
				  appeal to the commission. In order for a plan to be considered under such
				  circumstances, the appeal must be in writing and submitted to the commission
				  within 30 days following the day the council of governments or local government
				  receives notification of tentative plan disapproval by the executive
				  director.
(c) If the executive
				  director tentatively determines a regional or local plan meets the requirements
				  of this subchapter and should be approved, the executive director will submit
				  the plan to the commission for adoption in accordance with the Administrative
				  Procedure Act, Texas Government Code, Chapter 2001. If approved, the executive
				  director will notify the planning agency of the commission's approval. The
				  commission's evaluation of a regional or local plan will include whether the
				  plan reflects consideration of the preference of municipal solid waste
				  management methods under Texas Health and Safety Code, §
										361.022.
				  In the event the plan is not approved, the commission will state the plan's
				  deficiencies and the executive director will immediately notify the planning
				  agency of the commission's decision and the plan's deficiencies. The plan may
				  be resubmitted for approval if the executive director determines that
				  deficiencies have been corrected.
(d) If a regional or local solid waste
				  management plan is adopted by the commission, public and private solid waste
				  management activities and state regulatory activities shall conform to the
				  adopted regional or local solid waste management plan. The plan shall only
				  remain in effect during the planning period defined in the plan. Under the
				  procedures and criteria of subsections (g) and (h) of this section, the
				  executive director may grant a variance from an adopted regional or local solid
				  waste management plan.
(e) If a
				  portion of a regional or local plan is determined by the executive director to
				  no longer be in compliance with this subchapter, the executive director may
				  request that the council of governments or local government revise the plan. If
				  such a revision is not submitted to the executive director within 180 days, the
				  executive director may ask the commission to withdraw its approval of that
				  portion of the plan.
(f) A council
				  of governments or local government may submit revisions or updates to an
				  approved plan that reflect new information or changed conditions. Updates to an
				  approved plan to provide for changes to data and information contained in the
				  plan, which do not substantially change the scope or content of the goals and
				  recommendations of the plan, may be incorporated into an approved plan upon
				  approval by the executive director without further adoption procedures being
				  required. Major revisions and amendments to an approved plan that substantially
				  change the scope or content of the goals and recommendations of the plan shall
				  be considered by the same procedures as the original plan submission and
				  approval.
(g) Upon application, the
				  executive director may grant a variance from an adopted regional or local solid
				  waste management plan when:
(1) the
				  application of the plan creates an unnecessary hardship;
(2) equally safe, effective methods could be
				  used;
(3) practical difficulties
				  are encountered in meeting the requirements of a plan; or
(4) deviation or exception would not affect
				  substantial compliance with the plan and not threaten health or
				  safety.