- (a) Applications for permits, registrations or other types of approvals, required by this subchapter shall be reviewed by the staff for administrative completeness within 14 calendar days of receipt of the application by the executive director.
(b) Permit and registration applications for sewage sludge land application, disposal, incineration, or transportation must include:
- (1) complete application form(s), signed and notarized, and appropriate copies provided;
- (2) the verified legal status of the applicant(s) as applicable;
- (3) the signature of the applicant(s), checked against agency requirements, in accordance with §305.44 of this title (relating to Signatories to Applications);
- (4) a notarized affidavit from the applicant(s) verifying land ownership or landowner agreement to the proposed activity;
- (5) the attachment of technical reports and supporting data required by the application; and
- (6) any other information as the executive director or the commission may reasonably require.
- (c) Permit and registration applications for sewage sludge land application, disposal, or incineration must additionally include maps showing land ownership in accordance with §312.11 (relating to Permits) or §312.12 of this title (relating to Registration of Class B Land Application Activities).
- (d) Upon receipt of an application for a permit or registration, not to include transportation registrations, described in subsections (b) and (c) of this section which contains the information required, the executive director or his designee shall assign the application a number for identification purposes, and prepare a statement of the receipt of the application and declaration of administrative completeness which is suitable for publishing or mailing and shall forward that statement to the chief clerk. The chief clerk shall notify every person entitled to notification of a particular application as described in §312.13 of this title (relating to Actions and Notice).
(e) The notice of receipt of an application for permit or registration and declaration of administrative completeness shall contain the following information:
- (1) the identifying number given the application by the commission;
- (2) the type of permit or registration sought under the application;
- (3) the name and address of the applicant(s);
- (4) the date on which the application was submitted; and
- (5) a brief summary of the information included in the application.
- (f) Nothing in this section shall be construed so as to waive the requirement of notice of the application and draft permit in accordance with Chapter 305, Subchapter E of this title (relating to Actions, Notice and Hearing) for applications for sewage sludge processing, disposal, or incineration permits.
- (g) Any person who is required to obtain a permit, or who requests an amendment, modification or renewal of a permit to dispose of or incinerate sewage sludge is subject to the application processing procedures and requirements found in §§281.18-281.24 of this title (relating to Applications Returned; Technical Review; Extensions; Draft Permit, Technical Summary, Fact Sheet, and Compliance Summary; Referral to Commission;) Application Amendment; and Effect of Rules).
- (h) Any person who is required to obtain approval of a registration, or who requests an amendment, modification or renewal of a registration to land apply sewage sludge is subject to the application processing procedures and requirements found in §§281.18-281.20 of this title (relating to Applications Returned; Technical Review; and Extensions).
- (i) The registration shall be cancelled upon receipt of a written request for cancellation from either the site operator or landowner. The TNRCC will provide notice to the other party that cancellation has been requested and that cancellation will occur ten days from the issuance of notice. This notice is provided merely as a courtesy by the TNRCC.
- (j) In order to transfer a registration, both the re-gistered site operator and the landowner must sign the transfer application. An application for transfer that is not signed by both the registered site operator and the landowner will be considered a request for cancellation.
- (k) If a registration for a site is cancelled, a complete application for registration must be submitted in order to re-register the site. If the application is approved, the site will be re-registered under the same site registration number.
- (l) Major Amendment. For purposes of this chapter and except as provided in subsection (m) of this section, a major amendment is an amendment that changes a substantive term, provision, requirement, or a limiting parameter of a permit or registration or a substantive change in the information provided in an application for registration, regarding sewage sludge. Changes which are not considered major include typographical errors, changes which result in more stringent monitoring requirements, changes in site ownership, changes in site operator, or similar administrative information.
- (m) Upon the effective date of this chapter, the commission will process as a minor amendment a request by an existing wastewater disposal permittee, a sewage sludge registrant, or by a sewage sludge permittee to change any substantive term, provision, requirement, or a limiting parameter in a permit or registration which was due to prior regulations of the commission, when it is no longer a requirement of this chapter. Notice requirements of §312.13 (relating to Actions and Notice) are not applicable to minor amendments.
Source Note:The provisions of this §312.10 adopted to be effective October 13, 1995, 20 TexReg 7840.