Municipal Solid Waste Notice Requirements for Groundwater Public Meetings

When to Hold a Public Meeting

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 selecting 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 Chapter 39, 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 a public meeting may be obtained from the TCEQ Office of the Chief Clerk.

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 with the MSW Permits Section certifying compliance with the mailed notice requirements.

Notice is to be mailed to:

1. All adjacent and potentially affected landowners within 500 feet of the facility;

2. 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) ;

3. Persons requesting public notice, maintained on a mailing list by the TCEQ Office of the Chief Clerk;

4. 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;

5. Any other person the Executive Director or Chief Clerk may elect to include; and

6. 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 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 Notice

The text of the notice must include:

1. 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;

2. The permit number;

3. A brief description of the activity conducted at the facility described in the permit;

4. 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;

5. 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;

6. The telephone numbers of the TCEQ Waste Permits Division (512-239-2335) and applicable TCEQ regional office;

7. The name, address, and telephone number of a contact person for the permittee, from whom interested persons may obtain further information; and

8. 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.

Notice Affidavit Forms for Groundwater Public Meeting

• Affidavit of Mailed Notice
• Affidavit of Publication

Contact MSW Permits Section

Please contact the MSW Permits Section if you have questions about groundwater corrective action at municipal solid waste facilities.