Section 332.35 - Registration Application Processing(a) An application shall be submitted to the executive director. When an application is administratively complete, the executive director shall assign the application an identification number.(b) Public Notice. (1) When an application is administratively complete the chief clerk shall mail notice to landowners identified in the landowner list. The chief clerk also shall mail notice to other affected landowners as directed by the executive director.(2) When an application is technically complete the chief clerk shall mail notice to landowners identified in the landowner list. The chief clerk shall also mail notice to other affected landowners as directed by the executive director. The applicant shall publish notice in the county in which the facility is located and in adjacent counties. The published notice shall be published once a week for three weeks. The applicant should attempt to obtain publication in a Sunday edition of a newspaper. The notice shall explain the method for submitting a motion for reconsideration.(3) Notice issued under paragraphs (1) or (2) of this subsection shall contain the following information:(A) the identifying number given the application by the executive director;(B) the type of registration sought under the application;(C) the name and address of the applicant(s);(D) the date on which the application was submitted; and(E) a brief summary of the information included in the application.(c) The executive director shall, after review of any application for registration of a compost facility, determine approval or denial of an application in whole or in part. The executive director shall base the decision on whether the application meets the requirements of this subchapter and the requirements of § 332.4 of this title (relating to General Requirements).(d) At the same time that the executive director's decision is mailed to the applicant, a copy or copies of this decision shall also be mailed to all landowners identified in the landowner list and any affected landowners, residents, and businesses.(e) The applicant or a person affected by the executive director's final approval of an application may file with the chief clerk a motion to overturn, under § 50.139 of this title (relating to Motion to Overturn Executive Director's Decision).30 Tex. Admin. Code § 332.35
The provisions of this §332.35 adopted to be effective November 29, 1995, 20 TexReg 9717; amended to be effective May 15, 1997, 22 TexReg 4004; Amended by Texas Register, Volume 45, Number 19, May 8, 2020, TexReg 3125, eff. 5/14/2020; Amended by Texas Register, Volume 47, Number 04, January 28, 2022, TexReg 0310, eff. 2/3/2022