1. (a) Applicability. This section shall apply to a municipal solid waste management facility which is exempt from permit requirements under §330.4(d), (g) and (q) of this title (relating to Permit Required).
2. (b) Construction and operation. Owners/operators may proceed with construction of a solid waste management facility meeting all the requirements of this section without prior executive director approval, provided that a public meeting is held pursuant to subsection (d)(3)(C) of this section and the applicant has submitted an application complete with all information demonstrating compliance with these rules to the executive director. The operation of the facility shall not begin until after a pre-opening inspection has been conducted and authorization to accept waste has been given by the executive director. Owners/operators must comply with all applicable regulations, and shall remain responsible for making corrections and/or other changes that are necessary to meet the requirements, prior to beginning operation of the facility.
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 plans.

   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 the beginning of construction of the facility, to describe the proposed action to the general public. The public meeting shall be held as prescribed in the Health and Safety Code, §361.0791 (concerning Public Meeting and Notice Requirement) and §305.107 of this title (relating to Public Meeting and Notice Requirements).

   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 §330.9 and §§330.280-330.286 of this title (relating to Financial Assurance).

   8. (8) Statement of applicant. The following document shall be signed, notarized, and submitted with the application.

      1. (A) I, ____________________, state that I have knowledge of the facts set forth herein and that these facts are true and correct, to the best of my knowledge and belief. I further state that, to my knowledge and belief, the project for which application is now being made will not in any way violate any law, rule, ordinance, or decree of the duly authorized governmental entity having jurisdiction. I further state that I am the applicant or am authorized to act for the city/county/applicant. __________ (Signature). __________ (Type Name and Title). __________ (Date).
      2. (B) Notary public's certificate: Subscribed and sworn to before me, by the said _______________, this ____ day of __________ 19____, to certify which witness may hand and seal of ;office. __________ Notary Public in and for __________ County, Texas. My commission expires on __________.
      3. (C) 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).

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 applicant shall consult with the TNRCC for assistance and any permit requirements.
   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, recyclable materials collection, 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. This subsection applies only to transfer stations that recover 10% or more material from the incoming nonsegregated waste which are exempted from a permit under §330.4(q).

   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) Additional ventilation control and odor control. The facility shall be designed to prevent nuisance odors from leaving the property boundary of the facility. If during the operation of the facility, nuisance odors are found to be passing the facility boundary, the facility owner or operator may be required to suspend operations until the nuisance is abated pursuant to §330.4(q)(5)-(7), and the registrant shall take all necessary measures to eliminate nuisance odors. The applicant shall consider:

      1. (A) air scrubber units for odor control;
      2. (B) additional on-site buffer zones for odor control; or
      3. (C) additional waste handling procedures, storage procedures, and cleanup procedures for odor control when accepting putrescible waste for material recovery. All odor control and air pollution abatement devices constructed pursuant to this registration must obtain authorization, pursuant to Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modifications), from the Office of Air Quality prior to start of construction. Openings to process buildings shall be controlled to prevent releases of nuisance odors to the atmosphere. All odor control equipment shall be properly maintained and operated during the process operation.
   3. (3) 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.
   4. (4) 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.

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.