1. (a) Administrative and technical review.

   1. (1) Applications for registration or major amendments to such registrations under this subchapter shall be reviewed by the executive director for administrative and technical completeness within 30 working days of receipt of the application by the executive director. Upon determination that the application contains the information and attachments required under this subchapter, the executive director shall declare that the application is administratively and technically complete.
   2. (2) Within five working days of declaration of administrative and technical completeness, 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 and technical completeness which is suitable for publishing or mailing, under the requirements of subsection (c) of this section, and shall forward that statement to the applicant.

2. (b) Notice of application. The notice of application for registration and administrative and technical completeness shall contain the following information:

   1. (1) the identifying number given the application for registration by the commission;
   2. (2) the type of authorization being sought under the application;
   3. (3) the name and address of the applicant;
   4. (4) the date on which the application for registration was submitted;
   5. (5) a brief summary of the information included in the application for registration, including, but not limited to, the general location of facilities and land application areas associated with the application, the proposed size of the facility, a description of the receiving water for any discharge, and the location where a copy of the application for registration may be reviewed by interested persons;
   6. (6) the format for submission of a comment in accordance with this subchapter to the executive director regarding the application for registration; and
   7. (7) the date, time, and place where all comments are to be received by the executive director in relation to the numbered application for registration, such comment period shall be 30 days from the actual date of publication.

3. (c) Publication.

   1. (1) The applicant shall cause the notice of application for registration and administrative/technical completeness approved by the executive director to be published once in a newspaper regularly published, and generally circulated within the county and area wherein the proposed facility is to be located, and within an adjoining county wherein any potential affected person may reside.
   2. (2) The date of publication for notice of application for registration and administrative/technical completeness shall not be later than the date set by the chief clerk.
   3. (3) The applicant is responsible for the cost of publication. The applicant shall notify the chief clerk verbally or by facsimile within 24 hours of the first available working day after the publication of the notice, and shall provide the chief clerk a certified copy of the publication, within 20 calendar days of the date established by the chief clerk for publication. If the applicant does not provide the chief clerk with the appropriate publisher's affidavit within 20 days of the date established by the executive director, the executive director shall cease processing and return the application.
4. (d) Application returned. If an application for registration is received which is not administratively/technically complete, the executive director shall notify the applicant of the deficiencies prior to expiration of the review period (30 working days) by certified mail return receipt requested. If the additional requested information is received within 30 days of receipt of the deficiency notice, the executive director will evaluate the information within eight working days and, where applicable, shall prepare a statement of receipt of the application for registration and declaration of administrative/technical completeness in accordance with subsection (a) of this section. If the requested information is not submitted by the applicant within 30 days of the date of receipt of the deficiency notice, the executive director shall return the incomplete application to the applicant.

5. (e) Notice by mail.

   1. (1) The chief clerk will transmit the notice of application for registration and administrative/technical completeness by first-class mail to persons listed in paragraph (2) of this subsection and to other persons who, in the judgment of the executive director, may be affected. The applicant is responsible for the cost of required notice. A record on file with the chief clerk which includes the list of persons to whom notice was mailed and the date of mailing, signed by a person with personal knowledge that the mailout occurred, shall create a presumption that notice was mailed in accordance with this section.

   2. (2) the notice shall be mailed by the chief clerk to the following:

      1. (A) the potentially affected landowners named on the site plan submitted with the application;
      2. (B) the mayor and health officials of the city or town in which the facility is or will be located or in which waste is or will be disposed of;
      3. (C) the county judge and health authorities of the county in which the facility is located or in which waste is or will be disposed of;
      4. (D) the Texas Department of Health;
      5. (E) the Texas Parks and Wildlife Department;
      6. (F) the applicant;
      7. (G) persons who request to be put on the mailing list, including participants in past commission proceedings for the facility who have submitted a written request to be put on the mailing list;
      8. (H) state and federal agencies for which notice is required in 40 Code of Federal Regulations §124.10(c);
      9. (I) for applications regarding operations located in an area specified in the definition of Dairy Outreach Program Areas in §321.32 of this title (relating to Definitions), notice shall be mailed to the river authority whose jurisdictional watershed includes that location; and
      10. (J) for applications regarding operations located in an area within the jurisdiction of a groundwater district, notice shall be mailed to such district.
   3. (3) the date of mailing for a notice of application for registration and administrative/technical completeness shall be established by the chief clerk.
   4. (4) The notice shall include instructions regarding the requirements contained in §321.37(a) of this title (relating to Public Comment on Applications for Registration) providing the manner and timeframe for the submission of comments to the proposed application for registration.

Source Note:The provisions of this §321.36 adopted to be effective April 1, 1987, 12 TexReg 904; amended to be effective September 18, 1998, 23 TexReg 9354; amended to be effective July 27, 1999, 24 TexReg 5721.