1. (a) An application shall be submitted to the executive director. When an application is administratively complete, the executive director shall assign the application an identification number.
2. (b) The applicant and the commission shall conduct a public meeting in the local area, when the application is administratively complete, to describe the proposed action to the general public. The public meeting shall be held as prescribed in §305.107 of this title (relating to Public Meeting and Notice Requirements).

3. (c) The requirements for public notice are as follows:

   1. (1) When an application is administratively complete the chief clerk shall mail notice to adjacent landowners. The chief clerk also shall mail notice to other affected landowners as directed by the executive director.
   2. (2) When an application is technically complete the chief clerk shall mail notice to adjacent landowners. The chief clerk shall also mail notice to other affected landowners as directed by the executive director. The applicant shall publish notice in the county in which the facility is located, and in all adjacent counties. The published notice shall be published once a week for three consecutive weeks. The applicant should attempt to obtain publication in a Sunday edition of a newspaper. The mailed and published notices shall explain the method for submitting a motion for reconsideration.

   3. (3) Notice issued under paragraphs (1) or (2) of this subsection shall contain the following information:

      1. (A) the identifying number given the application by the executive director;
      2. (B) the type of registration sought under the application;
      3. (C) the name and address of the applicant(s);
      4. (D) the date on which the application was submitted; and
      5. (E) a brief summary of the information included in the application.
4. (d) The executive director or his designee shall, after review of any application for registration of a landfill mining facility, determine if he will approve or deny an application in whole or in part. The executive director shall base his decision on whether the application meets the requirements of this subchapter and the requirements of §330.403 of this title (relating to General Requirements).
5. (e) At the same time that the executive director's final decision is mailed to the applicant, a copy or copies of this decision shall also be mailed to all adjacent landowners and to other affected landowners as directed by the executive director.
6. (f) In regard to motions for reconsideration, notwithstanding §50.31(c)(8) of this title (relating to Purpose and Applicability), applications for registration under this subchapter are governed by §50.39(b)-(f) of this title (relating to Motion for Reconsideration). The applicant or a person affected may file with the chief clerk a motion for reconsideration under §50.39(b)-(f) of this title of the executive director's final decision.

Source Note:The provisions of this §330.407 adopted to be effective December 3, 1996, 21 TexReg 11287.