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Type I Municipal Solid Waste Landfill Permits: Learning More

Learn more about following our progress and your options for participating as we review applications for Type I municipal solid waste landfill permits. Find out how a landfill operates to protect your health and the environment, and prevent nuisances.


What is a Type I MSW landfill?

A Type I (one) MSW landfill is a facility that can accept all types of municipal solid waste, including putrescible waste (waste that can cause foul odors when decomposing), household waste, construction and demolition waste, household hazardous waste, special waste, and some industrial wastes. You can refer to our chart for more detailed information.

What will this permit do?

To ensure that a landfill is properly designed, constructed, and operated, a landfill permit addresses issues such as:

  • dust, odor, attraction of pests, and windblown trash
  • pollution of groundwater and soil
  • pollution of air from landfill gas emissions

To prevent pollution and nuisances, our permits contain requirements for:

  • compacting and covering waste (with dirt or other cover materials) to control odors and pests
  • installing fences to prevent windblown trash
  • installing liners to prevent waste from seeping out of the landfill
  • venting and capturing methane gas to prevent hazards

By obtaining this permit, the owners and operators of the municipal solid waste landfill agree to follow its requirements.

Municipal solid waste landfills might be noisy or increase traffic. We do not have jurisdiction to consider these nuisances when approving a permit. If you are concerned about these issues, contact your city, county, or other local authority.

Who is applying?

When you see a public notice about a permit application, look at the first paragraph to find the name of the applicant.

If you do not see the notice published in a newspaper, you can find public notices on our website:

What else can I learn about the applicant?

You can learn about this applicant and their plans by contacting them directly. The last paragraph in the public notice will tell you how to contact the applicant.

We also have ways you can learn about this applicant's history with us — for example:

  • Other facilities they have permits for
  • Other businesses they are related to
  • Their environmental track record

How can I learn what other people think about this?

On our website you can search for information about comments others have made about this application. Under Step Three be sure to choose "Include all correspondence...".

What if I have more questions?

Our Public Education Program can help you find the status of applications and tell you more about our permitting processes.

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How can I follow the progress of an application for this permit?

Below is the basic process for a Type I MSW landfill permit application.

Please note that due to the great number of different scenarios possible, we cannot cover all the details that could potentially apply. Here we give a basic description of your rights and responsibilities if you wish to become involved—just be aware that variations can occur.

  • First Notice: Publication of the Notice of Receipt of Application and Intent to Obtain Permit. We call this notice a "NORI" (norry). When our administrative review of the application is complete, we mail the NORI to the permit applicant for publishing and to a required mailing list of government officials and certain landowners.

    If the school closest to the proposed facility is required to offer bilingual education, the applicant is required to publish the NORI (and NAPD, see below) in a language other than English. The applicant is also required to post a sign at the proposed location of the facility.

    The NORI will tell you where you can look at a hard copy of the permit application. We also post links to MSW permit applications we receive on our website.

    Once we mail the NORI, you may start giving us your comments. You may also request a public meeting or a contested case hearing (see Request a Contested Case Hearing, below), or request to be added to the mailing list for future notices.

    See more details on the NORI.
    See how to get added to the mailing list.

  • Second Notice: Mailing of the Notice of Application and Preliminary Decision. We call this a "NAPD" (nap-dee). When our technical review of the application is complete and our executive director has made a preliminary decision, we mail the NAPD to the permit applicant for publishing. We also mail it to a required mailing list of government officials and certain landowners. In addition, we mail it to anyone who submitted comments, requested a public meeting or contested case hearing, or requested to be on the mailing list for future notices.

    The public comment period typically ends 30 days from the publication date of the NAPD. The publication date is significant because we only consider timely filed comments. However if our executive director has scheduled a public meeting for a later date, the comment period will be extended until the end of that public meeting. For assistance in determining the extent of the comment period, call 800-687-4040.

    See more details on this part of the process.

  • Making public comments.If you make a comment, you will get a response from us. Here's how it works:
    1. We gather all the comments given to us by the end of the public comment period and respond to all timely and relevant comments.
    2. When two or more people make the same comment, we put their comments together and make one response to that group of comments.
    3. When we have responded to all comments, we put all comments and our responses in a document called our "response to comments."
    4. We send this document to everyone who submitted a comment or requested to be put on the mailing list for future mailings.

    See more details on this part of the process, including how to make a comment.

  • Requesting a public meeting. In a public meeting, you may ask our staff and the applicant your questions and give comments.

    Anyone may ask for a public meeting any time between the date the NORI is mailed and the end of the comment period (see Second Notice above).

    See more details on this part of the process.

  • Protesting our executive director’s decision to issue the permit. Once we release our ED’s decision on a permit application, which is mailed with the response-to-comment document, there are two common ways to ask the commissioners to consider your protest:

    • Request a contested case hearing. With this you are requesting that the commissioners refer the matter to the State Office of Administrative Hearings. A SOAH hearing is conducted in a manner similar to civil trials in state district court.

      Your hearing request must be based on a timely submitted public comment. You must also include a description of how you would be adversely affected in a way not common to the general public.

      See more details on this part of the process.

    • File a Request for Reconsideration. With this you are requesting that the commissioners reconsider the ED’s decision.

      See more details on this part of the process.

How can I learn when these events happen?

Search: Commissioners' Integrated Database
Call: 800-687-4040
E-mail: pep@tceq.texas.gov

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