1. (a) General.

   1. (1) Part II of the application shall describe the existing conditions and character of the site and surrounding area. Parts I and II of the application shall provide information relating to land-use compatibility under the provisions of the Health and Safety Code, §361.069.
   2. (2) Part II may be combined with Part I of the application or may be issued as a separate document. If it is combined, it is not necessary to provide a separate Part II title page, table of contents, supplementary technical report, or location maps. All other items required by subsection (b) of this section shall be submitted.

2. (b) Requirements of Part II.

   1. (1) Title page. The title page shall show the name of the project, the municipal solid waste (MSW) permit application number if known, the name of the applicant, the location by city and county, the date the part was prepared, and, if appropriate, the number and date of the revision. It shall be sealed as required by the Texas Engineering Practice Act.
   2. (2) Table of contents. The table of contents shall list and give the page numbers for the main sections of the application. It shall be sealed as required by the Texas Engineering Practice Act.
   3. (3) Supplementary technical report. The applicant shall describe the purpose of the facility or the application in a supplementary technical report and provide any information necessary to understand the application.
   4. (4) Existing conditions summary. The applicant may discuss any land use, environmental, or special issues he desires in an existing conditions summary.
   5. (5) General location maps. The applicant shall provide maps in addition to those required by §330.52(b)(4) of this title (relating to Technical Requirements of Part I of the Application) as necessary to accurately show proximity to surrounding features.

   6. (6) Aerial photograph.

      1. (A) This should be an aerial photograph approximately nine inches by nine inches with a scale within a range of one inch equals 1,667 feet to one inch equals 3,334 feet and showing the area within at least a one-mile radius of the site boundaries. The site boundaries and actual fill areas shall be marked.
      2. (B) A series of aerial photographs can be used to show growth trends.
      3. (C) Photocopies of photographs are not acceptable substitutes for photographs.
   7. (7) Land-use map. This is a constructed map of the site showing the boundary of the property and any existing zoning on or surrounding the property and actual uses (e.g., agricultural, industrial, residential, etc.) both within the site and within one mile of the site. The applicant shall make every effort to show the location of residences, commercial establishments, schools, licensed child care facilities, churches, cemeteries, ponds or lakes, and recreational areas within one mile of the site boundary. Drainage, pipeline, and utility easements within the site shall be shown. Access roads serving the site shall also be shown.

   8. (8) Land use. A primary concern is that the use of any land for a municipal solid waste site not adversely impact human health or the environment. The impact of the site upon a city, community, group of property owners, or individuals shall be considered in terms of compatibility of land use, zoning in the vicinity, community growth patterns, and other factors associated with the public interest. To assist the executive director in evaluating the impact of the site on the surrounding area, the applicant shall provide the following:

      1. (A) zoning at the site and in the vicinity. If the site requires approval as a nonconforming use or a special permit from the local government having jurisdiction, a copy of such approval shall be submitted;
      2. (B) character of surrounding land uses within one mile of the proposed facility;
      3. (C) growth trends of the nearest community with directions of major development;
      4. (D) proximity to residences and other uses (e.g., schools, churches, cemeteries, historic structures and sites, archaeologically significant sites, sites having exceptional aesthetic quality, etc.). Give the approximate number of residences and business establishments within one mile of the proposed facility including the distances and directions to the nearest residences and businesses; and
      5. (E) description and discussion of all known wells within 500 feet of the proposed site.

   9. (9) Transportation.

      1. (A) Provide data on the availability and adequacy of roads that the applicant will use to access the site.
      2. (B) Provide data on the volume of vehicular traffic on access roads within one mile of the proposed facility, both existing and expected, during the expected life of the proposed facility.
      3. (C) Project the volume of traffic expected to be generated by the facility on the access roads within one mile of the proposed facility.
      4. (D) Analyze the impact of the facility upon airports in accordance with §330.300 of this title (relating to Airport Safety).

   10. (10) General geology and soils statement.

       1. (A) Discuss in general terms the geology and soils of the proposed site.
       2. (B) Identify and provide data on fault areas located within the proposed site in accordance with §330.303 of this title (relating to Fault Areas).
       3. (C) Identify and provide data on seismic impact zones in accordance with §330.304 of this title (relating to Seismic Impact Zones).
       4. (D) Identify and provide data on unstable areas in accordance with §330.305 of this title (relating to Unstable Areas).

   11. (11) Ground and surface-water statement.

       1. (A) Provide data as to the site-specific groundwater conditions at and near the site.
       2. (B) Provide data on surface water at and near the site.

   12. (12) Floodplains and wetlands statement.

       1. (A) Provide data on floodplains in accordance with §§301.31-301.46 of this title (relating to Approval of Levees and Other Improvements).
       2. (B) Discuss wetlands in accordance with §330.302 of this title (relating to Wetlands). For the purpose of this rule, demonstration can be made by providing evidence that the facility has a Corps of Engineers permit for the use of any wetlands area.

   13. (13) Protection of endangered species.

       1. (A) The following words and terms shall have the following meanings, unless the context clearly indicates otherwise.

          1. (i) Endangered or threatened species as defined in §330.2 of this title (relating to Definitions).
          2. (ii) Taking--Harassing, harming, pursuing, hunting, wounding, trapping, capturing, or collecting an endangered or threatened species or attempting to engage in such conduct.
          3. (iii) Harassing--An intentional or negligent act or omission that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns that include, but are not limited to, breeding, feeding, or sheltering.
          4. (iv) Harming--An act of omission that actually injures or kills wildlife, including acts that annoy it to such an extent as to significantly disrupt essential behavioral patterns that include, but are not limited to, breeding, feeding, or sheltering; significant environmental modification or degradation that has such effects is included within the meaning of harming.
       2. (B) The impact of a solid waste disposal facility upon endangered or threatened species shall be considered. The facility and the operation of the facility shall not result in the destruction or adverse modification of the critical habitat of endangered or threatened species, or cause or contribute to the taking of any endangered or threatened species.
       3. (C) The permit applicant should consult with the executive director to determine the need for specific information relating to protection of endangered species. If the facility is located in the range of an endangered or threatened species, a biological assessment may be required to be prepared by a qualified biologist in accordance with standard procedures of the United States Fish and Wildlife Service and the Texas Parks and Wildlife Department to determine the effect of the facility on the endangered or threatened species. Where a previous biological assessment has been made for another project in the general vicinity, a copy of that assessment may be submitted for evaluation. The United States Fish and Wildlife Service and the Texas Parks and Wildlife Department should be contacted for locations and specific data relating to endangered and threatened species in Texas.

Source Note:The provisions of this §330.53 adopted to be effective October 9, 1993, 18 TexReg 4023.