1. (a) Applicability. This section sets forth the manner 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.

2. (b) Permit actions.

   1. (1) All permit applications are subject to the standards and requirements as set forth in Chapter 39 of this title, Subchapters H - J (relating to Public Notice), Chapter 50 of this title, Subchapters E - G (relating to Action on Applications and Other Authorizations), and Chapter 55 of this title, Subchapters D - F (relating to Requests for Reconsideration and Contested Case Hearings; Public Notice).
   2. (2) For disposal and incineration permit applications, notice shall be provided pursuant to Chapter 39 of this title to all owners of properties within one-half mile of the border of any portion of the tract of land where the permitted activities would occur. For beneficial use, processing, and storage permit applications, notice shall be provided pursuant to Chapter 39 of this title 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. (c) Registration actions.

   1. (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 sewage sludge (including domestic septage). The requirements of this subsection do not apply to sites where only Class A sewage sludge that has been authorized for marketing and distribution is to be land applied for beneficial use.
   2. (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 (including domestic septage) is to be located.
   3. (3) The chief clerk of the commission shall mail Notice of Receipt of Application and Declaration of 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. (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.
   5. (5) Any application for a registration to beneficially use sewage sludge (including domestic septage) is subject to the standards and requirements for actions concerning amendments, modifications, transfers and renewals of registrations, as set forth in Chapter 50, Subchapter G of this title.
4. (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 (including domestic septage). 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(c) of this title (relating to Registration of Land Application Activities).
5. (e) Motion to overturn. The applicant, public interest counsel, or other person may file with the chief clerk a motion to overturn under §50.139 of this title (relating to Motion to Overturn) to overturn the executive director's final approval or denial 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; amended to be effective August 29, 2002, 27 TexReg 7958.