(a) The owner or operator of a permitted municipal solid waste (MSW) facility that has not accepted waste within two years of permit issuance or that has ceased accepting waste for two consecutive years shall provide notice to the public as specified in §39.510 of this title (relating to Notice Requirements for Inactive Municipal Solid Waste Permit) of the following:
  (1) the permitted facility may begin construction or operation at a future time; and
  (2) the date that the facility is expected to begin construction and operations.
(b) The public notifications in subsection (a)(1) and (2) of this section are required on an annual basis following the second anniversary date of permit issuance, date the facility ceased accepting waste, or the effective date of this section, whichever is later, until waste acceptance begins or resumes.
(c) The notice requirements of this section are applicable to MSW permits issued:
  (1) on or after the effective date of this section; and
  (2) before the effective date of this section.
(d) For the purposes of this section, permit issuance means the date that the permit is issued by the commission or the date of a final, non-appealable decision regarding the permit.

Source Note: The provisions of this §305.130 adopted to be effective June 2, 2005, 30 TexReg 3105