- (a) Applications for permits, registrations, or other types of approvals required by this subchapter shall be reviewed by staff for administrative completeness within 14 calendar days of receipt of the application by the executive director.
- (b) Permit and registration applications must include all required information shown in §312.11 of this title (relating to Permits), §312.12 of this title (relating to Registration of Land Application Activities), or §312.142 of this title (relating to Transporter Registrations).
- (c) Upon receipt of an application for a permit or registration, not to include transportation registrations, the executive director 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 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).
- (d) The notice of receipt of an application for permit or registration and declaration of administrative completeness shall contain the information in Chapter 39 of this title (relating to Public Notice).
- (e) Nothing in this section shall be construed so as to waive the notice and processing requirements concerning the application and the draft permit in accordance with Chapter 39, Subchapters H and J of this title (relating to Public Notice), Chapter 50, Subchapters E - G of this title (relating to Action on Applications and Other Authorizations), Chapter 55, Subchapters D - F of this title (relating to Requests for Reconsideration and Contested Case Hearings; Public Comment), or Chapter 305, Subchapters C, D, and F of this title (relating to Consolidated Permits) for applications for sewage sludge land application, processing, disposal, storage, or incineration permits.
- (f) Any person who is required to obtain a permit, or who requests an amendment, modification, or renewal of a permit for sewage sludge land application, processing, disposal, storage, or incineration 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).
- (g) Any person who is required to obtain a registration, or who requests an amendment, modification, or renewal of a registration to land apply sewage sludge (including domestic septage) is subject to the application processing procedures and requirements found in §§281.18 - 281.20 of this title. If a permit application for land application of Class B sewage sludge is filed for a site holding a current registration before the expiration of the registration, the registration will remain in effect until either the permit is issued or denied, or until August 31, 2003, whichever occurs first.
- (h) The registration for land application of sewage sludge shall be cancelled upon receipt of a written request for cancellation from either the site operator or landowner. The executive director 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 commission and is not mandatory for cancellation.
- (i) In order to transfer a registration or permit for land application of sewage sludge, both the site operator and the landowner must sign the transfer application. An application for transfer that is not signed by both the site operator and the landowner will be considered a request for cancellation.
- (j) If a registration or permit for a site is cancelled, a complete application for registration or permit must be submitted in order to reauthorize the site. If the application is approved, the site will be authorized under the same site registration or permit number.
- (k) For permits, a major amendment is defined in Chapter 305, Subchapter D of this title. For purposes of this chapter concerning registrations and except as provided in subsection (l) of this section, a major amendment for a registration is an amendment that changes a substantive term, provision, requirement, or a limiting parameter of a registration or a substantive change in the information provided in an application for registration regarding sewage sludge. Changes to registrations which are not considered major include, but are not limited to, typographical errors, changes which result in more stringent monitoring requirements, changes in site ownership, changes in site operator, or similar administrative information.
- (l) Upon the effective date of this chapter, the executive director will process as a minor amendment a request by an existing permittee or registrant to change any substantive term, provision, requirement, or a limiting parameter in a permit or registration which implemented prior regulations of the commission, when it is no longer a requirement of this chapter. Notice requirements of §312.13 of this title are not applicable to a minor amendment for a registration.
Source Note:The provisions of this §312.10 adopted to be effective August 29, 2002, 27 TexReg 7958.