Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter A - GENERAL INFORMATION › Section 330.25 - Relationship with County Licensing System

Current through Reg. 49, No. 28; July 12, 2024
(a) General procedures. Under Texas Health
				  and Safety Code, Chapters 361, 363, and 364, counties are empowered to require
				  and issue licenses authorizing and governing the operation and maintenance of
				  solid waste storage, processing, or disposal facilities not within the
				  territorial limits or extraterritorial jurisdiction of incorporated cities and
				  towns. The county shall mail a copy of the approved license to the appropriate
				  Texas Commission on Environmental Quality regional office. No license for the
				  use of a facility for the disposal of solid waste may be issued, renewed, or
				  extended without prior approval of the commission. The territorial limits and
				  the extraterritorial jurisdiction of incorporated cities and towns are excluded
				  from county authority to make regulations for the governing and controlling of
				  solid waste collection, handling, storage, and disposal.
(b) Licensing procedures. The following
				  pertain only to those counties that may choose to exercise licensing authority
				  in accordance with this section.
(1)
				  Licensing authority.
(A) Before exercising
				  licensing authority for a municipal solid waste (MSW) facility required to
				  obtain a permit, a county government shall promulgate regulations that are
				  consistent with those established by the commission and that have been approved
				  by the commission. A county exercising authority shall use the same evaluation
				  processes as prescribed for use by the commission to include providing
				  appropriate agencies, in accordance with §
												330.23
				  of this title (relating to Relationships with Other Governmental Entities) and
				  Subchapter B of this chapter (relating to Permit and Registration Application
				  Procedures), an opportunity to review and comment on those applications for
				  which they may have a jurisdictional interest. In view of the technical
				  evaluations and site investigations that must be made by some review agencies,
				  ample time shall be allowed to receive and review agency comments prior to a
				  public hearing. To ensure that review agencies are provided sufficient
				  information on which to base a determination, counties will include in their
				  permit application forms the data requirements as specified in permit
				  applications used by the commission, supplemented by any other requirements
				  deemed necessary by the individual counties.
(B) Before exercising licensing authority for
				  an MSW facility that is not required to obtain a permit, a county government
				  shall promulgate regulations that are compatible with those established by the
				  commission. The county's regulations must be submitted to the commission for
				  approval. At a minimum, county regulations shall be protective of human health
				  and the environment.
(C) A county
				  may not make regulations for MSW management within the extraterritorial or
				  territorial jurisdiction of incorporated cities or towns.
(D) The commission will issue permits for MSW
				  facilities located within the extraterritorial or territorial jurisdiction of
				  incorporated cities or towns within the county.
(E) A county license for an MSW facility may
				  not be issued, extended, or renewed without prior approval of the
				  commission.
(F) Once a license is
				  issued by a county and remains valid, a permit from the commission is not
				  required.