16 Tex. Admin. Code § 14.2041 - Notice of, Objections to, and Hearings on Proposed Stationary LNG Installations
(a) Notice of
proposed stationary LNG installations.
(1)
For a proposed installation with an aggregate water capacity of 15,540 gallons
or more, an applicant shall send a copy of the filings required under §
14.2040 of this title (relating to
Filings Required for Stationary LNG Installations) by certified mail, return
receipt requested or otherwise delivered, to all owners of real property
situated within 500 feet of any proposed container location at the same time
the originals are filed with AFS.
(A) AFS
shall consider the notice to be sufficient when the applicant has provided
evidence that copies of a complete application have been mailed or otherwise
delivered to all real property owners.
(B) The applicant or licensee may obtain
names and addresses of owners from current county tax rolls.
(2) An applicant shall notify
owners of real property situated within 500 feet of the proposed container
location if:
(A) the current aggregate water
capacity of the installation is more than doubled in a 12-month period;
or
(B) the resulting aggregate
water capacity of the installation will be more than 214,348 gallons.
(b) Objections to
proposed stationary LNG installations.
(1)
Each owner of real property receiving notice of a proposed installation
pursuant to subsection (a) of this section shall have 18 calendar days from the
date the notice is postmarked to file a written objection with AFS using the
LNG Form 2500A sent to them by the applicant. An objection is considered timely
filed when it is actually received by the Commission.
(A) AFS shall review all objections within 10
business days of receipt.
(B) An
objection shall be in writing and shall include a statement of facts showing
that the proposed installation:
(i) does not
comply with the rules in this chapter, specifying which rules are
violated;
(ii) does not comply with
the statutes of the State of Texas, specifying which statutes are violated;
or
(iii) constitutes a danger to
the public health, safety, and welfare, specifying the exact nature of the
danger. For purposes of this section, "danger" means an imminent threat or an
unreasonable risk of bodily harm, but does not mean diminished property or
esthetic values in the area.
(2) Upon review of the objection, AFS shall:
(A) request a public hearing as specified in
§
14.2016 of this title (relating to
Penalty Guidelines and Enforcement); or
(B) notify the objecting party in writing
within 10 business days of receipt requesting further information for
clarification and stating why the objection is not valid. The objecting entity
shall have 10 calendar days from the postmark of AFS' letter to file its
corrected objection. Clarification of incomplete or non-substantive objections
shall be limited to two opportunities. If new objections are raised in the
objecting party's clarification, the new objections shall be limited to one
notice of correction.
(c) Temporary installations which are used
during peak demand times such as during cold weather or emergencies are not
required to comply with these notice requirements. However, a sign shall be
installed at the site and brochures or other similar means of notification
shall be available at the site to advise the public of the need and use for the
temporary installation.
(d)
Hearings on stationary LNG installations.
(1)
Reason for hearing. AFS shall call a public hearing if:
(A) AFS receives an objection that complies
with subsection (b) of this section; or
(B) AFS determines that a hearing is
necessary to investigate the impact of the installation.
(2) Notice of public hearing. The Hearings
Division shall give notice of the public hearing at least 21 calendar days
prior to the date of the hearing to the applicant and to all real property
owners who were required to receive notice of the proposed installation under
subsection (a) of this section.
(3)
Procedure at hearing. The public hearing shall be conducted pursuant to Chapter
1 of this title (relating to Practice and Procedure).
(4) Hearing findings. If the Railroad
Commission finds after a public hearing that the proposed installation complies
with the rules in this chapter and the statutes of the State of Texas, and does
not constitute a danger to the public health, safety, and welfare, the Railroad
Commission shall issue an interim approval order. The construction of the
installation and the setting of the container shall not proceed until the
applicant has received written notification of the interim approval order. Any
interim approval order shall include a provision that such approval may be
suspended or revoked if:
(A) the applicant has
introduced LNG into the system prior to final approval;
(B) a physical inspection of the installation
indicates that it is not installed in compliance with the submitted plat
drawing for the installation, the rules in this chapter, or the statutes of the
State of Texas; or
(C) the
installation constitutes a danger to the public health, safety, and
welfare.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.