Texas Health and Safety Code 361.0791 – Public Meeting and Notice Requirement
Current as of: 2024 | Check for updates
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(a) Notwithstanding other law, the commission may hold a public meeting on an application for a new hazardous waste management facility in the county in which the proposed hazardous waste management facility is to be located. The commission may hold a public meeting on an application for a Class 3 modification or a major amendment to an existing facility’s hazardous waste permit.
(b) Notwithstanding other law, the commission may hold a public meeting on an application for a new municipal solid waste management facility in the county in which the proposed municipal solid waste management facility is to be located.
Terms Used In Texas Health and Safety Code 361.0791
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Rule: includes regulation. See Texas Government Code 311.005
- Week: means seven consecutive days. See Texas Government Code 311.005
(c) A public meeting held as part of a local review process under § 361.063 meets the requirement of Subsection (a) or (b) if notice is provided as required by this section.
(d) A public meeting under this section is not a contested case hearing under Chapter 2001, Government Code.
(e) If a meeting is required under Subsection (a), not less than once each week during the three weeks preceding a public meeting, the applicant shall publish notice of the meeting in the newspaper of the largest general circulation that is published in the county in which the proposed facility is to be located or, if no newspaper is published in the county, in a newspaper of general circulation in the county. The applicant shall provide the commission an affidavit certifying that the notice was given as required by this section. Acceptance of the affidavit creates a rebuttable presumption that the applicant has complied with this section.
(f) The published notice may not be smaller than 96.8 square centimeters or 15 square inches with the shortest dimension at least 7.6 centimeters or three inches and shall contain, at a minimum, the following information:
(1) the permit application number;
(2) the applicant’s name;
(3) the proposed location of the facility; and
(4) the location and availability of copies of the permit application.
(g) The applicant shall pay the cost of notice required to be provided under this section. The commission by rule may establish procedures for payment of those costs.