Texas Commission on Environmental Quality: NOTICE OF RECEIPT OF APPLICATION AND INTENT TO OBTAIN MUNICIPAL SOLID WASTE PERMIT AMENDMENT / PROPOSED PERMIT NO. 42D
Published in The Ellis County Press one time on Thursday, May 24, 2012
Texas Commission on Environmental Quality
NOTICE OF RECEIPT OF APPLICATION AND INTENT TO OBTAIN MUNICIPAL SOLID WASTE PERMIT AMENDMENT
PROPOSED PERMIT NO. 42D
APPLICATION. Waste Management of Texas, Inc., 1201 North Central Street, Ferris, Ellis County, Texas 75125-2101, has applied to the Texas Commission on Environmental Quality (TCEQ) for a Type I Municipal Solid Waste permit major amendment to authorize a horizontal expansion of the Skyline Landfill. The facility is located at 1201 North Central Street, Ferris, Ellis County, Texas 75125-2101. The TCEQ received the application on April 20, 2012. The permit application is available for viewing and copying at the Ferris Public Library, 301 East 10th Street, Ferris, Ellis County, Texas 75125-3028. The following link to an electronic map of the facility’s general location is provided as a public courtesy and is not part of the application or notice: http://www.tceq.texas.gov/assets/public/hb610/index.html?l at=32.546666&lng =-96.66583&zoom= 13&type=r. For exact location, refer to the application.
ADDITIONAL NOTICE. TCEQ’s Executive Director has determined the application is administratively complete and will conduct a technical review of the application. After technical review of the application is complete, the Executive Director may prepare a draft permit and will issue a preliminary decision on the application. Notice of the Application and Preliminary Decision will be published and mailed to those who are on the county-wide mailing list and to those who are on the mailing list for this application. That notice will contain the deadline for submitting public comments.
PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments or request a public meeting on this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. TCEQ will hold a public meeting if the Executive Director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.
OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material, or significant public comments. Unless the application is directly referred for a contested case hearing, the response to comments, and the Executive Director’s decision on the application, will be mailed to everyone who submitted public comments and to those persons who are on the mailing list for this application.
If comments are received, the mailing will also provide instructions for requesting reconsideration of the Executive Director’s decision and for requesting a contested case hearing. A person who may be affected by the facility is entitled to request a contested case hearing from the commission. A contested case hearing is a legal proceeding similar to a civil trial in state district court.
TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your name, address, phone number; applicant’s name and permit number; the location and distance of your property/activities relative to the facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; and, the statement “[I/we] request a contested case hearing.” If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group’s representative for receiving future correspondence; identify an individual member of the group who would be adversely affected by the facility or activity; provide the information discussed above regarding the affected member’s location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are relevant to the group’s purpose.
Following the close of all applicable comment and request periods, the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
The Commission will only grant a contested case hearing on disputed issues of fact that are relevant and material to the Commission’s decision on the application. Further, the Commission will only grant a hearing on issues that were raised in timely filed comments that were not subsequently withdrawn.
MAILING LIST. If you submit public comments, a request for a contested case hearing or a reconsideration of the Executive Director’s decision, you will be added to the mailing list for this application to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and permit number; and/or (2) the mailing list for a specific county. To be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.
AGENCY CONTACTS AND INFORMATION All public comments and requests must be submitted either electronically at www.tceq.texas.gov/about/comments.html or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087.
If you choose to communicate with the TCEQ electronically, please be aware that your email address, like your physical mailing address, will become part of the agency’s public record. For more information about this permit application or the permitting process, please call the TCEQ’s Public Education Program, Toll Free, at 1-800-687-4040. Si desea información en Español, puede llamar al 1-800-687-4040.
Further information may also be obtained from Waste Management of Texas, Inc., by calling
Mr. Steve Jacobs, Director of Disposal Operations at (512) 272-6245.