- (a) Applicability. This section sets forth the manner in which action will be taken on applications for either a permit or a registration to land apply, dispose of, or incinerate sewage sludge filed with the commission.
- (b) Permit Actions. Any application for a permit to dispose of or incinerate sewage sludge is subject to the standards and requirements for actions concerning amendments, modifications, transfers, and renewals of permits, as set forth in §305.92 of this title (relating to Action on Applications), §305.93(a) of this title (relating to Action on Applications for Permit), §305.95 of this title (relating to Action on Applications for Renewal), §305.96 of this title (relating to Action on Applications for Amendment or Modification), §305.97 of this title (relating to Action on Application for Transfer), §305.98 of this title (relating to Scope of Proceedings), §305.99 of this title (relating to Commission Action), §305.100 of this title (relating to Notice of Application), §305.101 of this title (relating to Notice of Hearing), §305.102 of this title (relating to Notice by Publication), §305.103 of this title (relating to Notice by Mail), §305.105 of this title (relating to Request for Public Hearing), and §305.106 of this title (relating to Response to Comments).
(c) Registration Actions.
- (1) The public notice requirements of this subsection apply to new applications for a registration, and to applications for major amendment of a registration for land application of Class B sewage sludge. The requirements of this subsection do not apply to sites where only Class A sewage sludge is to be land applied for a beneficial use.
- (2) The chief clerk of the commission shall mail Notice of Receipt of Application and Declaration of Administrative Completeness, along with a copy of the registration application, to the county judge in the county where the proposed site for land application of sewage sludge is to be located.
- (3) The chief clerk of the commission shall mail notice of Receipt of Application and Administrative Completeness to the landowners named on the application map or supplemental map, or the sheet attached to the application map or supplemental map.
- (4) Each notice shall specify both the name, affiliation, address, and telephone number of the applicant and of the commission employee who may be reached to obtain more information about the application to register the site. The notices shall specify that the registration application has been provided to the county judge and that it is available for review by interested parties.
- (d) Public Comment on Registrations. A person may provide the commission with written comments on any new or major amendment applications to register a site for land application of sewage sludge. The executive director shall review any written comments when they are received within 30 days of mailing the notice. The written information received will be utilized by the executive director in determining what action to take on the application for registration, pursuant to §312.12(b) of this title (relating to Registration of Land Application Activities).
- (e) Motion for reconsideration. The applicant or a person affected may file with the chief clerk a motion for reconsideration, under §50.39(b)-(f) of this title (relating to Motion for Reconsideration), of the executive director's final approval of an application.
Source Note:The provisions of this §312.13 adopted to be effective October 13, 1995, 20 TexReg 7840; amended to be effective May 15, 1997, 22 TexReg 4003.