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<br />Texas Commission on Environmental Quality <br />Chapter 39 - Public Notice <br /> <br />Page 7 <br /> <br />(B) If the applicant proposes to amend or renew an existing permit, the chief <br />clerk shall mail notice to the persons listed in 939.413 of this title. <br /> <br />(4) If the application concerns a hazardous waste facility, the applicant shall broadcast <br />notice of the hearing under subsection (d)(2) of this section. <br /> <br />(5) Notice under paragraphs (2)(A), (3), and (4) of this subsection must be completed <br />at least 30 days before the hearing. <br /> <br />(g) This section does not apply to applications for an injection well permit. <br /> <br />(h) Information repository. The requirements of 40 CFR 9124.33(b) - (f), which is adopted by <br />reference as amended and adopted in the CFR through December 11, 1995, at 60 FedReg 63417, apply <br />to all applications for hazardous waste permits. <br /> <br />Adopted November 9, 2005 <br /> <br />Effective November 30, 2005 <br /> <br />939.509. Application for a Class 3 Modification of an Industrial or Hazardous Waste Permit. <br /> <br />(a) Applicability. This section applies to applications for Class 3 modification of industrial or <br />hazardous waste permits that are declared administratively complete on or after September 1, 1999. <br /> <br />(b) Notice shall be given under 939.418 of the this title (relating to Notice of Receipt of <br />Application and Intent to Obtain Permit), instead of giving notice under g30S.69(d)(2) of this title <br />(relating to Solid Waste Permit Modification at the Request of the Permittee). Notice shall also be <br />given under 939.419 of the title (relating to Notice of Application and Preliminary Decision). <br /> <br />(c) Notice of the public meeting required by g30S.69(d)(4) shall be included with the Notice of <br />Receipt of Application and Intent to Obtain Permit under 939.418. <br /> <br />Adopted September 2, 1999 <br /> <br />Effective September 23, 1999 <br /> <br />939.510. Notice Requirements for Inactive Municipal Solid Waste Permit. <br /> <br />(a) This section applies to the owners or operators of inactive permitted municipal solid waste <br />(MSW) facilities, which are those facilities that have not accepted waste within two years of permit <br />issuance or have ceased accepting waste for at least two consecutive years. For the purposes of this <br />section, permit issuance means the date that a permit is issued by the commission or the date of a final, <br />non-appealable decision regarding the permit. This section applies to facilities permitted before, on, or <br />after the effective date of this rule. <br /> <br />(1) Within two years of the date of permit issuance, the date of ceasing to accept <br />waste, or the effective date of this rule, whichever is later, the owner or operator of an inactive MSW <br />facility shall notify the executive director, in writing, that the facility is inactive and that the owner or <br />operator intends to operate the facility in the future. In the event that the owner or operator does not <br />