(a) General procedures. Under Texas Health and Safety Code, Chapters 361, 363, and 364, counties are empowered to require and issue licenses authorizing and governing the operation and maintenance of medical waste storage, processing, or disposal facilities not within the territorial limits or extraterritorial jurisdiction of incorporated cities and towns. The county shall mail a copy of the approved license to the appropriate agency regional office. The territorial limits and the extraterritorial jurisdiction of incorporated cities and towns are excluded from county authority to make regulations for the governing and controlling of medical waste collection, processing, and storage.
(b) Licensing procedures. The following pertain only to those counties that may choose to exercise licensing authority in accordance with this section.
  (1) Licensing authority.
    (A) Before exercising licensing authority for a medical waste facility required to obtain a registration, a county government shall promulgate regulations that are consistent with those established by the commission and that have been approved by the commission.
    (B) Before exercising licensing authority for a medical waste facility that is not required to obtain a registration, a county government shall promulgate regulations that are compatible with those established by the commission. County regulations must be submitted to the commission for approval. At a minimum, county regulations shall be protective of human health and the environment.
    (C) A county may not make regulations for medical waste management within the extraterritorial or territorial jurisdiction of incorporated cities or towns.
    (D) Only the commission may issue registrations for medical waste facilities located within the extraterritorial or territorial jurisdiction of incorporated cities or towns within the county.
    (E) A county license for a medical waste facility may not be issued, extended, or renewed without prior approval of the commission.
    (F) Once a license is issued by a county and remains valid, a registration from the commission is not required.
  (2) Public meeting. A county shall offer an opportunity to request for a public meeting, and issue appropriate notifications, in accordance with the procedures established in §326.73 of this title (relating to Registration Application Processing).
(c) Contents of a license. A license for a medical waste facility issued by a county must include:
  (1) the name and address of each person that owns the land on which the medical waste facility is located and the person that is or will be the operator of the facility;
  (2) a legal description of the land on which the facility is located;
  (3) the terms and conditions on which the license is issued, including the duration of the license; and
  (4) the volume of waste to be managed.
(d) Licensee's responsibilities. Medical waste facilities licensed by a county shall be operated in compliance with regulations of the commission and the county.

Source Note: The provisions of this §326.67 adopted to be effective May 26, 2016, 41 TexReg 3697