16 Tex. Admin. Code § 4.141 - [Effective 7/1/2025] Additional Notice Requirements for Commercial Facilities
(a) In addition to the notice requirements
detailed in §
4.125 of this title (relating to
Notice and Opportunity to Protest), an applicant for a commercial facility
permit shall also provide notice by publication.
(b) The permit applicant shall publish notice
of the application in a newspaper of general circulation in the county in which
the proposed facility will be located at least once each week for two
consecutive weeks, with the first publication occurring not earlier than the
date staff determines that an application is complete pursuant to §
1.201(b) of this
title (relating to Time Periods for Processing Applications and Issuing Permits
Administratively) but before the final review is completed.
(c) The published notice shall:
(1) be entitled "Notice of Application for
Commercial Oil and Gas Waste Facility" if the proposed facility is a commercial
facility;
(2) provide the date the
applicant filed the application with the Commission;
(3) identify the name of the applicant;
(4) provide the location of the
tract on which the proposed facility will be located including the legal
description of the property, latitude/longitude coordinates of the proposed
facility, county, name of the original survey and abstract number, and location
and distance in relation to the nearest municipality or community;
(5) identify the owner or owners of the
property on which the proposed facility will be located;
(6) identify the type of fluid or solid waste
to be managed at the facility;
(7)
identify the proposed disposal, treatment, or storage method;
(8) state that affected persons may protest
the application by filing a protest with the Commission within 30 calendar days
of the last date of publication;
(9) include the definition of "affected
person" pursuant to §
4.110 of this title (relating to
Definitions); and
(10) provide the
address to which protests shall be mailed. If the Commission implements an
electronic means for filing protests, then the location to instructions for
electronic submittal shall be included.
(d) The applicant shall submit to the
Commission proof that notice was published as required by this section. Proof
of publication shall consist of:
(1) an
affidavit from the newspaper publisher that states the dates on which the
notice was published and the county or counties in which the newspaper is of
general circulation; and
(2) the
tear sheets for each published notice.
Notes
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