(a) Not later than the 45th day after the date an application is received under this subchapter, the executive director shall issue an administrative notice of deficiency to each applicant whose application is timely submitted, but is determined by the executive director to be administratively incomplete.
(b) The executive director shall provide an applicant, for whom an administrative notice of deficiency is issued, not more than three 30-day opportunities to correct the noted deficiencies in the application. For each 30-day opportunity, the executive director will evaluate the information received in response to a notice of deficiency within 30 days. If the required information is not received from the applicant within 30 days of the date of receipt of the deficiency notice, the executive director shall return the incomplete application to the applicant.
(c) The executive director shall reject any application that, after the period for correcting deficiencies has expired, is not administratively complete.
(d) In determining if an application is administratively complete, the executive director shall consider whether the application contains sufficient information that will allow the technical review of the application, including, but not limited to:
  (1) the identity and qualifications of the applicant;
  (2) a description of the proposed land disposal facility or facilities and site;
  (3) a description of the character of the proposed activities and the types and quantities of waste to be managed at the disposal facility or facilities;
  (4) a description of the proposed schedules for construction, receipt of waste, and closure;
  (5) a description of the financial assurance mechanism to be used;
  (6) a description of the design features of the facility or facilities, along with a description of the methods of construction and operation of the facility or facilities;
  (7) a characterization of the area and site characteristics, including ecology, geology, soils, hydrology, natural radiation background, climatology, meteorology, demography, and current land uses;
  (8) a description of the safety programs to be used at the proposed land disposal facility or facilities;
  (9) a copy of the warranty deed or other conveyance showing that the right, title, and interest in the land on which the land disposal facility or facilities are proposed to be located is owned in fee by the applicant as required by Texas Health and Safety Code, §401.204;
  (10) an application processing fee of $500,000 as provided in §336.103(a) of this title (relating to Schedule of Fees for Subchapter H Licenses) and proof of additional funds sufficient to cover any further costs of processing the application as estimated by the commission; and
  (11) a copy of a resolution of support of the proposed land disposal facility or facilities from the commissioners court of the county in which the land disposal facility or facilities are proposed to be located.

Source Note: The provisions of this §336.807 adopted to be effective January 8, 2004, 29 TexReg 150