(a) Prior to the submission of a plan, the plan shall be adopted by the council of governments or local government(s) in accordance with applicable administrative procedures. Local governments shall coordinate with the appropriate council of governments and ensure that a local plan is consistent with any regional solid waste management plan in effect for the region encompassing the jurisdiction of the local government, if a regional plan has been approved by the commission.
(b) Within 90 days after a regional or local plan has been submitted, the executive director will tentatively determine if the plan conforms to this subchapter. The executive director will communicate this determination to the agency that submitted the plan. If the plan is not in conformance, a notice of deficiency will be provided to the planning agency within 30 days of the tentative disapproval. The executive director has authority to disapprove any plan that has deficiencies. Plans not approved will not be considered by the commission until the executive director determines that the deficiencies have been corrected, unless the council of governments or local government submits a request for appeal to the commission. In order for a plan to be considered under such circumstances, the appeal must be in writing and submitted to the commission within 30 days following the day the council of governments or local government receives notification of tentative plan disapproval by the executive director.
(c) If the executive director tentatively determines a regional or local plan meets the requirements of this subchapter and should be approved, the executive director will submit the plan to the commission for adoption in accordance with the Administrative Procedure Act, Texas Government Code, Chapter 2001. If approved, the executive director will notify the planning agency of the commission's approval. The commission's evaluation of a regional or local plan will include whether the plan reflects consideration of the preference of municipal solid waste management methods under Texas Health and Safety Code, §361.022. In the event the plan is not approved, the commission will state the plan's deficiencies and the executive director will immediately notify the planning agency of the commission's decision and the plan's deficiencies. The plan may be resubmitted for approval if the executive director determines that deficiencies have been corrected.
(d) If a regional or local solid waste management plan is adopted by the commission, public and private solid waste management activities and state regulatory activities shall conform to the adopted regional or local solid waste management plan. The plan shall only remain in effect during the planning period defined in the plan. Under the procedures and criteria of subsections (g) and (h) of this section, the executive director may grant a variance from an adopted regional or local solid waste management plan.
(e) If a portion of a regional or local plan is determined by the executive director to no longer be in compliance with this subchapter, the executive director may request that the council of governments or local government revise the plan. If such a revision is not submitted to the executive director within 180 days, the executive director may ask the commission to withdraw its approval of that portion of the plan.
(f) A council of governments or local government may submit revisions or updates to an approved plan that reflect new information or changed conditions. Updates to an approved plan to provide for changes to data and information contained in the plan, which do not substantially change the scope or content of the goals and recommendations of the plan, may be incorporated into an approved plan upon approval by the executive director without further adoption procedures being required. Major revisions and amendments to an approved plan that substantially change the scope or content of the goals and recommendations of the plan shall be considered by the same procedures as the original plan submission and approval.
(g) Upon application, the executive director may grant a variance from an adopted regional or local solid waste management plan when:
  (1) the application of the plan creates an unnecessary hardship;
  (2) equally safe, effective methods could be used;
  (3) practical difficulties are encountered in meeting the requirements of a plan; or
  (4) deviation or exception would not affect substantial compliance with the plan and not threaten health or safety.
(h) If the executive director intends to grant a variance from the requirements of a plan, the executive director will offer the opportunity for a public meeting on the matter prior to the final decision. The meeting, if requested, will be advertised and conducted within the area affected by the plan.
(i) Upon approval of a regional plan by the commission, the council of governments shall provide a copy of the adopted plan, including the inventory of closed municipal solid waste landfill units, to the chief planning official of each municipality and county within the planning region. The council of governments will include an advisory to the chief planning official that all enclosed structures over a closed landfill must comply with Subchapter T of this chapter (relating to Use of Land Over Closed Municipal Solid Waste Landfills). The council of governments and the chief planning officials shall make the adopted regional plan available for public inspection.

Source Note: The provisions of this §330.641 adopted to be effective March 27, 2006, 31 TexReg 2502