1. (a) The provisions of this section are applicable to applications for waste disposal activities conducted under the authority of the Texas Water Code, Chapters 26 and 27, and the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361, and the Texas Radiation Control Act, Texas Health and Safety Code, Chapter 401.
2. (b) The executive director shall prepare a draft permit consistent with all applicable commission rules, unless a recommendation is made not to grant an application. The draft permit will be filed with the commission to be included in the consideration of the application for permit and is subject to change during the course of the proceedings on the application. The draft permit shall be available for public review.

3. (c) The executive director shall prepare a technical summary which sets forth the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit. The executive director shall send this summary together with the draft permit to the applicant and on request, to any other person. The summary shall include the following information, where applicable:

   1. (1) a brief description of the type of facility or activity which is the subject of the draft permit;
   2. (2) the type and quantity of radioactive materials, wastes, fluids, or pollutants which are proposed to be or are being used, processed, stored, disposed, injected, emitted, or discharged;
   3. (3) a brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions;
   4. (4) reasons why any requested variances or alternatives to required standards do or do not appear justified;
   5. (5) a description of the procedures for reaching a final decision on the draft permit, including procedures whereby the public may participate in the final decision; and
   6. (6) the name and telephone number of any person to contact for additional information.

4. (d) The executive director shall prepare a summary which describes the compliance status of persons applying for permits issued under the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361; the Texas Radiation Control Act, Texas Health and Safety Code, Chapter 401; the Injection Well Act, Texas Water Code, Chapter 27; and the Water Quality Control Act, Texas Water Code, Chapter 26. For applications filed under the Texas Solid Waste Disposal Act or the Injection Well Act, the summary shall include the applicant's compliance status with respect to rules, orders, or permits issued by the commission under the authority of both statutes. For applications filed under the Water Quality Control Act, the summary shall include the applicant's compliance status with respect to rules, orders, or permits issued by the commission under the authority of the Texas Water Code. For applications for minor amendments filed under the Texas Radiation Control Act, the executive director may determine that a compliance summary is not necessary. Upon completion of technical review and prior to issuance of public notice, the executive director shall send the compliance summary, together with the draft permit, technical summary if applicable, and environmental analysis if applicable, to the applicant and on request, to any other person. The compliance summary shall include information relative to the site which is the subject of the current application as well as other facilities owned or operated by the applicant which are under the commission's jurisdiction whether permitted or not. The summary shall cover at least the two-year period preceding the date on which technical review is completed and shall include:

   1. (1) the date(s) and description of any citizen complaints received;
   2. (2) the date(s) of all agency inspections;
   3. (3) for each inspection, whether a condition of noncompliance was alleged by the inspector and a brief description of the resulting environmental impact and, for radioactive material licenses, any impact on radiation safety;
   4. (4) the date(s) of any agency enforcement action and the applicant's response to such action;
   5. (5) for applicable facilities, the date(s) and description of any incident the applicant reported to the agency which required implementation of the facility's contingency plan; and
   6. (6) the name and telephone number of a person to contact for additional information regarding compliance history.

5. (e) Additional conditions for TPDES draft permits and fact sheets are as follows:

   1. (1) TPDES draft permits shall include the information required by 40 Code of Federal Regulations (CFR) §124.6(c)-(e), as in effect on the date of TPDES program authorization, as amended, which is adopted by reference; and
   2. (2) A fact sheet shall be prepared for a TPDES permit and shall include the information required by 40 CFR §124.56, as in effect on the date of TPDES program authorization, as amended, which is adopted by reference.

6. (f) Additional conditions for radioactive material licenses:

   1. (1) The executive director shall prepare a written environmental analysis of a proposed license activity as required by Chapter 336 of this title (relating to Radioactive Substance Rules); and
   2. (2) The executive director shall make the environmental analysis available to the applicant and the public.

Source Note:The provisions of this §281.21 adopted to be effective May 28, 1986, 11 TexReg 2312; amended to be effective October 8, 1990, 15 TexReg 5490; amended to be effective January 7, 1993, 17 TexReg 9124; amended to be effective June 5, 1997, 22 TexReg 4581.