1. (a) Applicability. This section applies to a municipal solid waste management facility that is exempt from permit requirements under §330.4(d), (g), and (q) of this title (relating to Permit Required).

2. (b) Construction and operation.

   1. (1) The construction of the transfer facility shall not begin until the registration has been issued by the executive director. Operation of the facility shall not begin until the registration has been issued and a pre-opening inspection is conducted by commission staff.
   2. (2) If a registered facility does not begin construction within two years of issuance of a registration or within two years of the conclusion of the appeals process, whichever is longer, the registration shall automatically terminate and will no longer be effective under §330.4(d)(4) of this title. If a facility registered under previous rule does not begin construction within two years of the effective date of this section, or within two years of the conclusion of the appeals process, whichever is longer, the registration shall automatically terminate and will no longer be effective.
   3. (3) If a transfer station registration application was filed under a previous rule but the registration has not been issued, the applicant shall complete all registration requirements of the previous rule within one year of the effective date of this section or the application will be automatically withdrawn. If a registration application is filed under this section, the applicant shall complete all registration requirements within one year of the date of receipt by the commission or the application will be automatically withdrawn.
3. (c) Number of copies. Registrants shall submit three copies of the completed application for registration.

4. (d) Application. The complete registration application shall include Part I of a permit application as required by §330.52 of this title (relating to Technical Requirements of Part I of the Application), including, but not limited to, documentation of population or incoming waste rate, site plan, land use narrative, site operating plan, legal description, evidence of competency, evidence of financial assurance, and an applicant's statement, and shall be submitted as follows.

   1. (1) Documentation of population or incoming waste rate.

      1. (A) Documentation of the population to be served shall be submitted with the application. The population information shall be consistent with the latest population data from the last decennial census;
      2. (B) Documentation of the incoming waste rate shall be submitted with the application. The incoming municipal solid waste rate shall be supported by the reports submitted for calculation of the municipal solid waste disposal fee for the previous six reporting quarters, documentation of new or existing programs that recycle and would reduce the waste loading for the facility, existing data of the municipal solid waste generated by the area to be served, or other data acceptable to the executive director.

   2. (2) Site plan. The site plan shall include all the general design criteria which could be incorporated in a set of construction plans and specifications. A site layout plan, signed and sealed by a registered professional engineer, and a location map shall be included in the plan.

      1. (A) The site plan or location map, or both, shall identify:

         1. (i) the site boundary;
         2. (ii) access to public roadway;
         3. (iii) site access control features; and
         4. (iv) site drainage features.
      2. (B) Site drawings shall include a north arrow, legend, and scale. All design features shall be labeled.
      3. (C) The site plan may be supplemented with additional sheets as needed to depict all design features.

   3. (3) Land use narrative.

      1. (A) The land use narrative shall include a description of the surrounding land use within one-half mile of the site and it shall be shown on a topographic map.
      2. (B) The applicant shall attach documentation of local government approval/acceptance of the site location, e.g., conformity with local zoning restrictions, a building permit, license, nonconforming use authorization, etc. These regulations do not grant authorization for development/operation of the facility in noncompliance with local government ordinances and regulations.
      3. (C) The applicant and the commission shall conduct a public meeting in the local area, prior to facility authorization, to describe the proposed action to the general public. Notice of the public meeting shall be as specified in §39.101(d) of this title (relating to Application for Municipal Solid Waste Permit).
      4. (D) Landowners list and land ownership maps. The applicant shall provide a list of landowners owning land within 500 feet of the site which includes their addresses along with a map locating the property owned by those persons. This map and list shall identify property owned by adjacent landowners and show all property ownership within 500 feet of the site.

   4. (4) Site operating plan.

      1. (A) The site operating plan shall include, as a minimum, a description of the solid waste data, the facility operation, operational characteristics of the equipment, facility maintenance, safety provisions, emergency procedures, fire protection, sanitation, facility rules, operating hours, litter control procedures, and vector control procedures.
      2. (B) The plan shall also address alternate processing or disposal procedures of the solid waste in the event that the facility becomes inoperable for periods longer than 24 hours.
      3. (C) The solid waste data shall include an estimate of the amount of solid waste to be received daily, the maximum amount of solid waste to be stored, the maximum and average lengths of time that solid waste is to remain on the site, and the intended destination of the solid waste received at this site;
   5. (5) Legal description. A legal description of the property, including the book and page number of the county deed records of the current property owner shall be submitted. The legal description shall be a metes and bounds description of the site signed and sealed by a registered professional land surveyor. A drawing of the description, signed and sealed by the surveyor, shall also be submitted. If the property is platted, the book and page number of the final plat record and a copy of the final plat shall be submitted.

   6. (6) Evidence of competency.

      1. (A) The applicant shall submit a list of all Texas solid waste sites which the applicant has owned or operated within the past ten years. The site name, site type, permit or registration number, county, and dates of operation shall be also submitted.
      2. (B) The names of the principals and supervisors of the applicant's organization shall be provided, together with previous affiliations with other organizations engaged in solid waste activities.
   7. (7) Evidence of financial assurance. Evidence of financial assurance shall be provided in accordance with Subchapter K of this chapter (relating to Closure, Post Closure, and Corrective Action) and Chapter 37, Subchapter R of this title (relating to Financial Assurance for Municipal Solid Waste Facilities).
   8. (8) Statement of applicant. The applicant shall provide documentation that the person signing the application meets the requirements of §305.44 of this title (relating to Signatories to Applications). The following document shall be signed, notarized, and submitted with the application:
      Attached Graphic
      

5. (e) Design criteria.

   1. (1) Site access. The site access road from a publicly owned roadway shall be at least a two-lane gravel or paved road, designed for the expected traffic flow. Safe on-site access for commercial collection vehicles and for residents shall be provided. The access road design shall include adequate turning radii according to the vehicles that will utilize the site and shall avoid disruption of normal traffic patterns. A positive means to control dust and mud shall be provided.
   2. (2) Access control. Access to the site shall be controlled by a perimeter fence, four-foot barbed wire or six-foot chain-link, with lockable gates. An attendant shall be on-site during operating hours. A sign shall be provided that gives the site name, registrant name, registration number, operating hours, and site rules.
   3. (3) Miscellaneous design details. The facility shall be designed in accordance with all local building code and land development code requirements. Building setback lines shall be followed, if applicable. Vehicle parking shall be provided for equipment, employees, and visitors. Safety bumpers at hoppers shall be provided for vehicles. Necessary connections for facility cleaning shall be provided. Provisions shall be made to prevent the entry of precipitation into vehicles. The operating area and transport shall be enclosed by walls, chain-link fencing, and/or gates.
   4. (4) Water pollution control. Provisions for the treatment of wastewaters from the facility shall be provided. A connection into a public sewer system, a septic system, or a small wastewater treatment plant are acceptable. On-site wastewater treatment systems shall comply with Chapter 285 of this title (relating to On-site Wastewater Treatment). The applicant shall obtain any permit or other approval required by state or local code for the system installed. The floor of the operating area shall be concrete, and the walls of the operating areas shall be smooth masonry, metal or concrete. A sump drain shall be provided to collect all wastewaters generated by the facility, and transport them to the treatment facility.

   5. (5) Air pollution and ventilation. Ventilation of structures designed in accordance with applicable codes shall be provided. The facility shall be designed and operated to prevent nuisance odors from leaving the property boundary of the facility.

      1. (A) Openings to process buildings required under subsection (f)(1) of this section shall be controlled to prevent releases of nuisance odors to the atmosphere.
      2. (B) All odor control equipment shall be properly maintained and operated during the process operation.

      3. (C) The applicant shall employ one or more of the following measures:

         1. (i) air scrubber units for odor control;
         2. (ii) on-site buffer zones for odor control;
         3. (iii) additional waste handling procedures, storage procedures, and clean-up procedures for odor control when accepting putrescible waste; or
         4. (iv) alternative ventilation and odor control measures approved by the executive director.
   6. (6) Storage requirements. On-site storage of source-separated recyclable materials should be provided and this area shall be separate from the transfer area. Control of odors, vectors, and windblown waste from the storage area shall be maintained.
   7. (7) Fire protection. A fire protection plan shall be prepared. This fire protection plan shall describe the source of fire protection (a local fire department, fire hydrants, fire extinguishers, water tanks, water well, etc.), procedures for using the fire protection source, and employee training and safety procedures. The fire protection plan shall comply with local fire codes.
   8. (8) Noise pollution and screening. Screening or other measures to minimize the noise pollution and adverse visual impacts shall be provided.
   9. (9) Site drainage. Drainage provisions for controlling surface water on or near the site shall be provided. The locations of any proposed dikes, berms, storm sewers, levees, detention ponds, and the outfall point shall be identified. Drainage calculations shall be in accordance with §330.55 of this title (relating to Site Development Plan).
   10. (10) Site facilities. The site shall provide facilities for potable water, sanitary purposes, office, maintenance, and solid waste transfer. Concrete pads with raised curbs around the perimeter or asphalt paved areas with berms shall be utilized to control spills and contaminated water.
   11. (11) Additional technical information for composting facilities. For registration of composting facilities, additional technical information related to the specifics of composting shall be submitted by the applicant in accordance with the criteria for composting facilities provided by the commission.

6. (f) Additional design criteria.

   1. (1) Process area. The process area for transfer stations that recover material from solid waste that contains putrescibles shall be maintained totally within an enclosed building.
   2. (2) Operational design standards. In designing the transfer facility the applicant shall ensure that all requirements of operation required by Subchapter G of this chapter (relating to Operational Standards for Solid Waste Processing and Experimental Sites) will be met. Operational design standards shall be included in the site operating plan.
   3. (3) Safety plan. The applicant shall provide a written safety plan for site workers that operate material recovery equipment or that will hand sort recoverable material from the nonsegregated incoming waste.
7. (g) Motion for Reconsideration. The applicant or a person affected may file with the chief clerk a motion for reconsideration of the executive director's final approval of an application, under §50.39(b)-(f) of this title (relating to Motion for Reconsideration), of the executive director's final approval of an application. The criteria regarding motions for reconsideration shall be explained in public notices given under Chapter 39 of this title (relating to Public Notice) and §50.33 of this title (relating to Executive Director Action on Application). Notice of issuance of registration shall be mailed to landowners as shown on the land ownership map and landowners list required by §330.65(d)(3)(D) of this title (relating to Registration for Solid Waste Management Facilities), and to any other person requesting notice.

Source Note:The provisions of this §330.65 adopted to be effective May 11, 1994, 19 TexReg 3253; amended to be effective February 2, 1995, 20 TexReg 351; amended to be effective June 17, 1999, 24 TexReg 4447; amended to be effective March 21, 2000, 25 TexReg 2380.