Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 312 - SLUDGE USE, DISPOSAL, AND TRANSPORTATION › Subchapter A - GENERAL PROVISIONS › Section 312.13 - Actions and Notice

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. This section sets forth the way in which action will be taken on
				  applications filed with the executive director for either a permit or a
				  registration to land apply, store, process, dispose of, or incinerate sewage
				  sludge, biosolids, water treatment residuals, or domestic septage.
(b) Permit actions.
(1) All permit applications are subject to
				  the standards and requirements as set forth in Chapter 39, Subchapters H - J of
				  this title (relating to Applicability and General Provisions; Public Notice of
				  Solid Waste Applications; and Public Notice of Water Quality Applications and
				  Water Quality Management Plans), Chapter 50, Subchapters E - G of this title
				  (relating to Purpose, Applicability, and Definitions; Action by the Commission;
				  and Action by the Executive Director), and Chapter 55, Subchapters D - F of
				  this title (relating to Applicability and Definitions; Public Comment and
				  Public Meetings; and Requests for Reconsideration or Contested Case
				  Hearing).
(2) For disposal and
				  incineration permit applications, notice must be provided to all owners of
				  properties within 1/2 mile of the border of any portion of the tract of land
				  where the permitted activities would occur. For beneficial use (excluding Class
				  B biosolids ), processing, and storage permit applications, notice must be
				  provided to all owners of properties adjacent to any portion of the tract of
				  land where the permitted activities will occur. The tract of land includes all
				  contiguous properties under the ownership or control of the
				  applicant.
(3) For Class B
				  biosolids beneficial land use permit applications:
(A) notice must be provided under Chapter 39
				  of this title (relating to Public Notice) and under Texas Water Code, §
												5.552. The notice must
				  also contain the anticipated date of the first land application of biosolids to
				  the proposed land application unit. An applicant for a new permit, permit
				  amendment, or permit renewal under Texas Health and Safety Code, §
												361.121(c),
				  shall notify by registered or certified mail each owner of land located within
				  1/4 mile of the proposed land application unit who lives on that land;
				  and
(B) an owner of the land
				  located within 1/4 mile of the proposed land application unit who lives on the
				  land is considered an "affected person" for purposes of Texas Water Code,
				  §
												5.115, and Chapter 55 of
				  this title (relating to Requests for Reconsideration and Contested Case
				  Hearings; Public Comment). Individuals who do not own land within 1/4 mile of
				  the proposed land application unit are not excluded from being considered
				  "affected persons" under §
												55.203
				  of this title (relating to Determination of Affected Person).