1. (a) Texas Air Control Board (TACB). All municipal solid waste facility units are subject to the jurisdiction and regulation of TACB with respect to air contaminant emissions. TACB is responsible for the administration and enforcement of its jurisdiction and rules. Applicants for permits for municipal solid waste landfill units and facilities that burn or incinerate solid waste must comply with the applicable requirements of Subchapter Q of this chapter (relating to Memoranda of Agreement and Joint Rules with Other Agencies).
2. (b) Texas Department of Transportation (TxDOT). In view of the responsibilities of TxDOT regarding the junkyard control provisions of the Texas Litter Abatement Act, the commission shall coordinate with TxDOT on the review of all permit applications for municipal solid waste land disposal facilities existing or proposed within 1,000 feet of an interstate or primary highway to determine the need for screening or special operating requirements. When primary access to a municipal solid waste disposal facility is provided by state-maintained streets or highways, the commission shall solicit recommendations from TxDOT regarding the adequacy and design capacity of such roadways to safely accommodate the additional volumes and weights of traffic generated or expected to be generated by the facility operation.
3. (c) United States Army Corps of Engineers. In view of the requirements under the Federal Clean Water Act for any person to obtain a permit from the Corps of Engineers prior to discharging any fill materials into navigable waters or contiguous or adjacent wetlands thereof and the requirement under the River and Harbor Act of 1899 for any person to obtain a permit from the Corps of Engineers for any work and/or structures in or affecting the course, capacity, or condition of any navigable water of the United States, the commission shall coordinate the review of all permit applications for municipal solid waste disposal facilities with the appropriate district engineer to determine the need for such permits.
4. (d) Federal Aviation Administration (FAA). In view of the potential attraction that solid waste land disposal facilities have to birds and the hazard that birds present to low-flying aircraft, the commission shall coordinate the review of permit applications for all municipal solid waste land disposal facilities existing or proposed in the vicinity of airports with the appropriate airport's district office of the FAA (FAA Agency Order 5200.5(A), "FAA Guidance Concerning Waste Disposal Sites on or Near Airports").
5. (e) Special districts. The Texas Solid Waste Disposal Act applies to political subdivisions of the state to which the legislature has given waste handling authority for two or more counties. The relationship between the commission and any such waste handling authority will be similar to that between the commission and a county.
6. (f) Regional planning agencies. The commission will provide educational, technical, and advisory assistance to the various councils of governments and regional planning commissions throughout the state.
7. (g) Municipal governments. Municipalities may enforce the provisions of this chapter as provided for in the Solid Waste Disposal Act. The commission is committed to assist municipal governments in an educational and advisory capacity. The commission is a necessary and indispensable party to any suit filed by a local government under the Texas Solid Waste Disposal Act.
8. (h) County governments. County governments may exercise the authority provided in the Health and Safety Code, Chapters 361 and 364, regarding the management of solid waste including the enforcement of the requirements of the Texas Solid Waste Disposal Act and this chapter. The provisions of the Health and Safety Code, Chapters 361 and 364, allow county governments to require and issue licenses authorizing and governing the operation and maintenance of sites used for the disposal of solid waste not in the territorial or extraterritorial jurisdiction of a municipality. The Health and Safety Code, Chapters 361 and 364, provide that no license for disposal of solid waste may be issued, renewed, or extended without the prior approval of the commission. Under the Health and Safety Code, Chapters 361 and 364, the commission is a necessary and indispensable party to any suit filed by a local government for the violation of any provision of the Act. If a permit is issued, renewed, or extended by the commission, the owner or operator of the site does not need to obtain a separate license for the same site from a county or from a political subdivision as defined in the Health and Safety Code, Chapters 361 and 364.
9. (i) Texas Parks and Wildlife Department (TPWD). TPWD has jurisdiction over certain environmental issues that may be involved in municipal solid waste facility permitting, including, but not limited to, endangered species and wetlands. The commission will solicit comments from, and consider information provided by TPWD.

Source Note:The provisions of this §330.11 adopted to be effective October 9, 1993, 18 TexReg 4023.