2019-079 Landfill Permit Transfer and PrivatizationDate: April 19, 2019 Report No. 2019-079
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Report regarding landfill permits being transferred and privatized
BACKGROUND & DISCUSSION:
In an April 10, 2019 email to staff, Councilmember Meltzer requested information on whether the
City of Denton’s landfill permit could be transferred and privatized.
Landfill permits are issued by the Texas Commission on Environmental Quality (TCEQ), and the
approval of a permit is in accordance with the Texas Administrative Code (TAC). According to
30 TAC 330.71(d), permits are issued to the owner, not the facility. As such, the permit may not
be transferred without complying with the transfer approval requirements of the TCEQ. Any
transfer or commencement of operations by any entity besides the permitted owner prior to a
transfer approval by TCEQ shall be considered to be operating without a permit or authorization.
In order for TCEQ to consider transfer of a permit, the parties involved must issue a notice
modification in accordance with 30 TAC 305.70(k)(13). This requires notices be mailed to all
landowners within ¼ mile of the facility. The public may comment on the proposed transfer, but
there is not an opportunity for a contested case hearing.
STAFF CONTACT(S):
Ethan Cox
Director of Solid Waste
(940) 349-7421
Ethan.Cox@cityofdenton.com