(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 solid 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 Texas Commission on Environmental Quality regional office. No license for the use of a facility for the disposal of solid waste may be issued, renewed, or extended without prior approval of the commission. 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 solid waste collection, handling, storage, and disposal.
(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 municipal solid waste (MSW) facility required to obtain a permit, a county government shall promulgate regulations that are consistent with those established by the commission and that have been approved by the commission. A county exercising authority shall use the same evaluation processes as prescribed for use by the commission to include providing appropriate agencies, in accordance with §330.23 of this title (relating to Relationships with Other Governmental Entities) and Subchapter B of this chapter (relating to Permit and Registration Application Procedures), an opportunity to review and comment on those applications for which they may have a jurisdictional interest. In view of the technical evaluations and site investigations that must be made by some review agencies, ample time shall be allowed to receive and review agency comments prior to a public hearing. To ensure that review agencies are provided sufficient information on which to base a determination, counties will include in their permit application forms the data requirements as specified in permit applications used by the commission, supplemented by any other requirements deemed necessary by the individual counties.
    (B) Before exercising licensing authority for an MSW facility that is not required to obtain a permit, a county government shall promulgate regulations that are compatible with those established by the commission. The county's 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 MSW management within the extraterritorial or territorial jurisdiction of incorporated cities or towns.
    (D) The commission will issue permits for MSW facilities located within the extraterritorial or territorial jurisdiction of incorporated cities or towns within the county.
    (E) A county license for an MSW 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 permit from the commission is not required.
  (2) Public meeting. A county shall offer an opportunity for a public meeting and offer an opportunity for a public hearing, and issue appropriate notifications, in accordance with the procedures established in Chapter 39, Subchapter H of this title (relating to Applicability and General Provisions) and this chapter prior to issuance, amendment, extension, revocation, or renewal of a license.
(c) Contents of a license. A license for a solid waste facility issued by a county must include:
  (1) the name and address of each person that owns the land on which the solid waste facility is located and the person that is or will be the operator or person in charge 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. Solid 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 §330.25 adopted to be effective March 27, 2006, 31 TexReg 2502