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Tex. Health & Safety Code § 361.068

ADMINISTRATIVELY COMPLETE APPLICATION

Known as the Solid Waste Disposal Act

The act spans §§ 361–361 (309 sections).

Applied in 5 court decisions — leading case BFI Waste Systems of North America, Inc. v. Martinez Environmental Group (2002)

Most recently applied in Global Companies LLC v. New York State Department of Environmental Conservation (October 2017)

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff

How often courts cite this section

20022010201720
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) A permit application is administratively complete when:

(1) a complete permit application form and the report and fees required to be submitted with a permit application have been submitted to the commission; and

(2) the permit application is ready for technical review in accordance with the rules of the commission.

(b) Once a determination that an application is administratively and technically complete has been made and the permit application has become the subject of a contested case under Section 2001.003, Government Code:

(1) the commission may not revoke the determination that an application is administratively or technically complete;

(2) the commission may request additional information from the applicant only if the information is necessary to clarify, modify, or supplement previously submitted material provided that all parties may engage in discovery against all other parties, as provided by applicable law; and

(3) a request for additional information does not render the application incomplete.

(c) Subsection (b) does not:

(1) preclude an informal disposition of a contested case by stipulation, agreed settlement, consent order, or default; or

(2) restrict the right of any party to conduct discovery against any applicable party under other law.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.