Texas Register, Volume 15, Number 94, (Volume I), Pages [7233-7360], December 18, 1990 Page: 7,272
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trict [county(ies)] involved and have a
mailing list ready by the date that notices
are required to be mailed. [The applicant
shall also obtain, the names and addresses
from the tax rolls of the appropriate county,
as of the time of the mailing of notices, of
all persons shown to own property within
one mile from the property line of the pro-
posed landfill. The information shall be
used by the applicant, in conjunction with
the list obtained from the real property re-
cords, to ensure that each person whose
name appears on either list shall be mailed
a notice] The notices shall be deposited
with the United States Postal Service not
more than 45 days nor less than 30 days
before the date of the public hearing. The
notices shall be mailed by certified or regis-
tered mail, return receipt requested. Pre-
sumption of appropriate mailing shall be
assumed to have been accomplished upon
verification by the applicant to the depart-
ment, unless it is demonstrated by no less
than 35% of the affected persons that
proper deposit with the United States Postal
Service not more than 45 days nor less than
30 days before the date of the hearing was
not accomplished. Within 20 days after the
mailing of notices, the applicant shall cause
to be delivered to the department all mail
return receipts and copies of the lists of
names obtained from the real property ap-
praisal records [and the tax rolls].
(d) (No change.)
325.94. Conduct of the Public Hearing.
(a) (No change.)
(b) The hearing examiner will not
hear any testimony until evidence is placed
in the record to demonstrate that proper
notice regarding the hearing was given to
affected persons. If mailed notice to an
affected person is required, the bureau's
designated representative shall submit to the
hearing examiner an affidavit attesting to
the fact that notice was mailed to the ad-
dress of the affected persons included in the
appropriate [county tax rolls and] real prop-
erty appraisal records, as required by
325.93(c) of this title (relating to Schedul-
ing and Preparation for a Public Hearing).
(c)-(d) (No change.)
(e) All testimony and evidence of
the state regarding air quality aspects of an
[the] application for a facility unit that
burns or incinerates solid waste shall be
developed and presented by the Texas Air
Control Board (TACB). All parties, includ-
ing the bureau, shall have the right to cross-
examine any testifying witnesses of the
TACB [Texas Air Control Board]. At the
conclusion of the presentation of testimony,
the TACB [Texas Air Control Board] shall
be afforded at least 30 days in which to
submit a set of proposed findings of fact
and conclusions of law and, if applicable,
proposed permit language relating to the airquality aspects of the application which re-
late to the criteria of the Solid Waste Dis-posal Act, Texas Health and Safety Code,
361.070-361. 072 [Texas Civil Statutes,
Article 4477-7, 4(e)(4)(A)(i).] They shall
be accepted unless the department finds that
the recommendations are not supported by a
preponderance of the evidence. The TACB
[Texas Air Control Board] may seek judi-
cial review of the air quality aspects of any
final decision by the department.
(f) (No change.)
This agency hereby certifies that the proposal
has been reviewed by legal counsel and
found to be within the agency's authority to
adopt.
Issued in Austin, Texas, on December 10,
1990.
TRD-9013319 Robert A. MacLean, M.D.
Deputy Commissioner
Texas Department of
Health
Proposed date of adoption: February 3, 1991
For further information, please call: (512)
458-7271
Subchapter G. Operational
Standards for Solid Waste
Processing and Experimental
Sites
General
* 25 TAC 325.171
The amendment is proposed under Health
and Safety Code, 361.011 and 361.024,
which establishes the departments jurisdio-
tion over municipal solid waste management
and its authority to adopt rules concerning the
management of municipal solid waste; and
12.001, which provides the Texas Board of
Health with the authority to adopt rules for the
performance of every duty imposed by law on
the Texas Board of Health, the Texas Depart-
ment of Health, and the commissioner of
health.
325.171. General Requirements.
(a) This subchapter governs both
permitted and registered sites. Therefore,
the following terms or words in each of
the following paragraphs are inter-
changeable:
(1) permit and registration;
(2) permittee and registrant;
and
(3) site development plan and
Part B, Section II.
(b) The approved site development
plan, consisting of the design, site operating
plan, and related data, becomes an
operational requirement, and any significant
deviation from the plan without prior ap-
proval of the department is a violation of
this subchapter.
(1) A copy of the permit, theapproved site development plan, and the
department's current rules shall be on siteand the on-site supervisor shall be knowl-
edgeable of each with respect to the
operational requirements of the specific site.
The on-site supervisor shall be subject to
questioning by the department's repre-
sentatives during visits to the site to verify
this knowledge.
(2) If at any time during the life
of the site the site operator becomes aware
of any condition in the approved site devel-
opment plan which necessitates a change to
accommodate new technology or improved
methods or which makes it impractical to
keep the site in compliance other than those
covered in 325.56 of this title (relating to
Revocation or Amendment of a Permit), the
site operator shall submit to the department
a revised plan. Such proposed changes to
the approved site development plan do not
require a permit amendment but must be
approved by the department prior to their
implementation.
(3) In the event that a necessary
deviation is the result of unforeseen circum-
stances and there is insufficient time to
prepare and submit a revised plan, the site
operator shall immediately contact the bu-
reau by telephone or telegram and obtain
interim authorization pending the submis-
sion and review of the revised plan. Interim
authorization shall be in writing and shall
not exceed 30 days during which time the
revised plan shall be prepared and submit-
ted to the bureau.
(4) All drawings or other sheets
prepared for revisions to a site development
plan or other previously approved docu-
ments, which may be required by this
subchapter, shall be submitted in triplicate
and normally should be 8 1/2 by 11 inches
and shall not exceed 15 by 22 inches so that
they can be reproduced by normal office
copy machines. However, standard-sized
drawings folded to 8 1/2 by 11 inches may
be submitted or required if their reduction
would render them illegible. All revised
drawings shall be signed and sealed by the
registered professional engineer responsible
for their preparation. Bound plans and/or
reports shall be signed and sealed by the
engineer, preferably on the first page.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and
found to be within the agency's authority to
adopt.
Issued in Austin, Texas, on December 10,
1990.
TRD-9013320 Robert A. Maclean, M.D.
Deputy Commissioner
Texas Department of
Health
Proposed date of adoption: February 3, 1991
For further information, please call: (512)
458-727115 TexReg 7272 December 18, 1990 Texas Register .
15 TexReg 7272 December 18,
1990 Texas Register "
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Texas. Secretary of State. Texas Register, Volume 15, Number 94, (Volume I), Pages [7233-7360], December 18, 1990, periodical, December 18, 1990; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth201791/m1/40/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.