1. (a) Definition of permitted facilities. The following operations are subject to the requirements of this subchapter.

   1. (1) Operations that compost mixed municipal solid waste not in accordance with §332.31 of this title (relating to Definition of and Requirements for Registered Facilities).
   2. (2) Operations that add any amount of mixed municipal solid waste as a feedstock in the composting process.
2. (b) Requirements for permitted facilities. The operations listed in subsection (a) of this section are subject to the general requirements found in §332.4 of this title (relating to General Requirements), and the requirements set forth in this subchapter, the requirements set forth in Subchapters E, F, and G of this chapter (relating to Source-Separated Recycling; and Household Hazardous Waste Collection; and End-Product Standards), and the air quality requirements set forth in §332.8 of this title (relating to Air Quality Requirements).

3. (c) Processing of Application for Permit Facility.

   1. (1) Public Notice.

      1. (A) When an application is administratively complete the chief clerk shall mail notice to adjacent landowners, residents, and businesses. The chief clerk also shall mail notice to other affected landowners, residents, and businesses, as directed by the executive director.
      2. (B) When an application is technically complete the chief clerk shall mail notice to adjacent landowners, residents, and businesses. The chief clerk shall also mail notice to other affected landowners, residents, and businesses, as directed by the executive director. The applicant shall publish notice in the county in which the facility is located, and in adjacent counties. The published notice shall be published once a week for three weeks, with the first publication occurring no earlier than 30 days before any hearing. The applicant should attempt to obtain publication in a Sunday edition of a newspaper. The notice shall explain the method for submitting a request for hearing or a protest.

      3. (C) Notice issued under subparagraphs (A) or (B) of this paragraph shall contain the following information:

         1. (i) the identifying number given the application by the executive director;
         2. (ii) the type of registration sought under the application;
         3. (iii) the name and address of the applicant(s);
         4. (iv) the date on which the application was submitted; and
         5. (v) a brief summary of the information included in the application.
   2. (2) Other chapters. A facility must obtain a permit from the commission pursuant to Chapters 305 of this title (relating to Consolidated Permits) and 281 of this title (relating to Application Processing). A permit may be issued under Chapter 263, Subchapter A of this title (relating to Final Approval by the Executive Director). The public notice requirements of Chapters 305, 281, and 263 apply to the extent consistent with this subchapter.

Source Note:The provisions of this §332.41 adopted to be effective November 29, 1995, 20 TexReg 9717.