Title 30 Texas Administrative Code (30 TAC), Chapter 330,
Section (§)
330.411 (relating to Assessment of Corrective Measures)
requires the owner or operator of a municipal solid waste (MSW)
facility that has detected groundwater contamination to discuss the
results of a corrective measures assessment in a public meeting
with interested and affected parties, prior to the selection of a
remedy pursuant to
§330.413. The owner or operator of the facility must
arrange for the meeting and provide notice in accordance with the
provisions of 30 TAC
§39.501(e)(3) (relating to Public Notice of Solid Waste
Applications).
The owner or operator preparing to conduct a groundwater public
meeting should provide the text of the public notice to the MSW
Permits Section for inspection before mailing or publishing the
notice. Information on organizing the public meeting itself may be
obtained from the TCEQ Office of Public Assistance, at (512)
239-4000.
Mailed Notice
The owner or operator of the facility must mail notice of the
meeting no earlier than 45 days and no later than 30 days before
the meeting. Within 30 days after the date of mailing, the owner or
operator must file an
affidavit of mailed notice (available in PDF; help with PDF)
with the MSW Permits Section certifying compliance with the mailed
notice requirements.
Notice is to be mailed to:
-
All adjacent and potentially affected landowners within 500 feet
of the facility;
-
The Executive Director of the TCEQ, the applicable TCEQ
regional office, and all local government officials who were to
be notified in accordance with 30 TAC
§330.409(g) of the exceedance of a groundwater protection
standard;
-
All persons who own or occupy land that directly overlies any
part of the plume of contamination, who were to be notified in
accordance with 30 TAC
§330.409(g)(1)(C);
-
Persons requesting public notice, maintained on a mailing list
by the TCEQ Chief Clerk;
-
Any other person the Executive Director or Chief Clerk may elect
to include; and
-
If applicable, the secretary of the Coastal Coordination
Council.
Published Notice
The owner or operator shall also publish notice in a newspaper
of the largest general circulation that is published in the county
in which the facility is located. If a newspaper is not published
in the county, the notice must be published in a newspaper of
general circulation in the county in which the facility is
located.
Notice of the public meeting is to be published not less than
once each week during the three weeks preceding the public meeting.
The published notice is to be appropriately titled and must be at
least 15 square inches (96.8 square centimeters) with a shortest
dimension at least 3 inches (7.6 centimeters). A completed
affidavit of publication (available in PDF; help with PDF)
and an original clipping of the published notice is to be furnished
to the TCEQ staff on the day of the public meeting, prior to the
commencement of the meeting.
Text of Public Notice
The text of the notice must include:
-
The name and address of the owner or operator of the facility
(permittee) and, if different, the location of the facility
regulated by the permit;
-
The permit number;
-
A brief description of the activity conducted at the facility
described in the permit;
-
The date, time, and place of the meeting, a brief description of
the nature and purpose of the meeting including the applicable
rules, procedures, and a statement that there will be an
opportunity for public comment;
-
A statement that following the public meeting a remedy will be
selected and a report describing the proposed remedy will be
submitted to the TCEQ for review and approval;
-
The telephone numbers of the TCEQ Waste Permits Division
(512-239-2334) and applicable TCEQ
regional office;
-
The name, address, and telephone number of a contact person for
the permittee, from whom interested persons may obtain further
information; and
-
If applicable, a statement that the requested action is subject
to the Coastal Management Program and must be consistent with the
Coastal Management Program goals and policies.
Contact us if you have questions about municipal solid waste
groundwater corrective measures.
