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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