(a) Purpose. The commission recommends a pre-application review process in situations where opposition to an application is likely to exist. A pre-application review should serve to identify issues of concern; facilitate communication between a potential applicant and persons who would be affected by an application; and resolve as many points of conflict as possible prior to the submission of an application. A local review committee shall:
(1) interact with the applicant in a structured manner during the pre-application review stage of the permitting process and, if necessary, during the technical review stage of the permitting process, to raise and attempt to resolve both technical and nontechnical issues of concern; and
(2) produce a fact-finding report documenting resolved and unresolved issues and unanswered questions. The applicant shall submit this report to the commission with the applicant's permit application.
(b) Applicability. This subchapter applies to potential permit applicants who desire to enter into agreements with affected persons and/or identify issues of local concern prior to submission of an application for a new hazardous waste management facility (including injection wells used for the disposal of hazardous waste). This subchapter shall not apply to hazardous waste management facilities for which an application has been filed, or which has otherwise been authorized to operate, as of September 1, 1985.
(c) Procedure.
(1) If a potential applicant decides to participate in a local review committee process, the potential applicant may so inform the persons listed in subparagraphs (A)-(C) of this paragraph, as soon as feasible after beginning informal discussions with the commission. To formally initiate the pre-application review process, the potential applicant shall file a notice of intent to file an application with thecommission. Further, at the same time the potential applicant shall cause the notice to be published in a paper of general circulation in the county in which the facility is to be located. The form of this notice is specified in §335.392 of this title (relating to Notice of Intent To File a Permit Application). The potential applicant will, at the same time, send a copy of the notice by certified mail, return receipt requested, to the following persons: (2) The filing of the notice initiates the pre-application review process. The date of filing shall be the date the notice isreceived by the commission. (3) Local review committees shall be composed of representatives of both local and regional interests. (4) The local review committee shall meet within 21 days after all regional and local appointments have been made. The commission will provide manuals to committee members which will orient them as to what the committee's activities should be; i.e., the production of a report detailing issues resolved, issues unresolved, and unanswered questions. (5) The pre-application review process shall continue for a maximum of 180 days unless it is shortened or lengthened by mutual agreement between the potential applicant and the local review committee. In addition, by mutual agreement the applicant and the committee may continue a dialogue for the purpose of addressing new concerns and changes to the draft permit. (6) Individuals who serve on local review committees shall serve without compensation; however, reasonable expenses for travel may beprovided by the applicant. The potential applicant shall provide resources to fund the facilitator and other expenses which may include clerical and technical assistance, meeting space, and/or other items which may be necessary to aid the committee in its work. (d) The committee report. (1) Any report produced by a local review committee set up under this section shall be submitted to the commission with an applicant's permit application. The executive director shall consider the report in any decision to recommend granting or denial of the permit application. The report may be offered by any party at a hearing on the application and admitted into evidence subject to applicable rules of evidence. (2) The report shall not recommend approval or disapproval of the proposed facility. Rather, it shall describe the committee's work and summarize the committee's findings. The findings shall include issues resolved,issues unresolved, and unanswered questions.
Source Note: The provisions of this §335.391 adopted to be effective August 26, 1986, 11 TexReg 3595; amended to be effective January 5, 1988, 12 TexReg 4847; amended to be effective January 2, 1995, 19 TexReg 10104.