30 Tex. Admin. Code § 39.405 - General Notice Provisions
(a)
Failure to publish notice. If the Office of the Chief Clerk (chief clerk)
prepares a newspaper notice that is required by Subchapters G - J, L, and M of
this chapter (relating to Public Notice for Applications for Consolidated
Permits; Applicability and General Provisions; Public Notice of Solid Waste
Applications; Public Notice of Water Quality Applications and Water Quality
Management Plans; Public Notice of Injection Well and Other Specific
Applications; and Public Notice for Radioactive Material Licenses) and the
applicant does not cause the notice to be published within 45 days of mailing
of the notice from the chief clerk, or for Notice of Receipt of Application and
Intent to Obtain Permit, within 30 days after the executive director declares
the application administratively complete, or fails to submit the copies of
notices or affidavit required in subsection (e) of this section, the executive
director may cause one of the following actions to occur.
(1) The chief clerk may cause the notice to
be published and the applicant shall reimburse the agency for the cost of
publication.
(2) The executive
director may suspend further processing or return the application. If the
application is resubmitted within six months of the date of the return of the
application, it will be exempt from any application fee requirements.
(b) Electronic mailing lists. The
chief clerk may require the applicant to provide necessary mailing lists in
electronic form.
(c) Mail or hand
delivery. When Subchapters G - L of this chapter require notice by mail, notice
by hand delivery may be substituted. Mailing is complete upon deposit of the
document, enclosed in a prepaid, properly addressed wrapper, in a post office
or official depository of the United States Postal Service. If hand delivery is
by courier-receipted delivery, the delivery is complete upon the courier taking
possession.
(d) Combined notice.
Notice may be combined to satisfy more than one applicable section of this
chapter.
(e) Notice and affidavit.
When Subchapters G - J and L of this chapter require an applicant to publish
notice, the applicant must file a copy of the published notice and a
publisher's affidavit with the chief clerk certifying facts that constitute
compliance with the requirement. The deadline to file a copy of the published
notice which shows the date of publication and the name of the newspaper is ten
business days after the last date of publication. The deadline to file the
affidavit is 30 calendar days after the last date of publication for each
notice. Filing an affidavit certifying facts that constitute compliance with
notice requirements creates a rebuttable presumption of compliance with the
requirement to publish notice. When the chief clerk publishes notice under
subsection (a) of this section, the chief clerk shall file a copy of the
published notice and a publisher's affidavit.
(f) Published notice. When this chapter
requires notice to be published under this subsection:
(1) the applicant shall publish notice in the
newspaper of largest circulation in the county in which the facility is located
or proposed to be located or, if the facility is located or proposed to be
located in a municipality, the applicant shall publish notice in any newspaper
of general circulation in the municipality;
(2) for applications for solid waste permits
and injection well permits, the applicant shall publish notice in the newspaper
of largest general circulation that is published in the county in which the
facility is located or proposed to be located. If a newspaper is not published
in the county, the notice must be published in any newspaper of general
circulation in the county in which the facility is located or proposed to be
located. The requirements of this subsection may be satisfied by one
publication if the newspaper is both published in the county and is the
newspaper of largest general circulation in the county; and
(3) air quality permit applications required
by Subchapters H and K of this chapter (relating to Applicability and General
Provisions and Public Notice of Air Quality Permit Applications, respectively)
to publish notice shall comply with the requirements of §
39.603 of this title (relating to
Newspaper Notice).
(g)
Copy of application. The applicant shall make a copy of the application
available for review and copying at a public place in the county in which the
facility is located or proposed to be located. If the application is submitted
with confidential information marked as confidential by the applicant, the
applicant shall indicate in the public file that there is additional
information in a confidential file. The copy of the application must comply
with the following.
(1) A copy of the
administratively complete application must be available for review and copying
beginning on the first day of newspaper publication of Notice of Receipt of
Application and Intent to Obtain Permit and remain available for the
publications' designated comment period.
(2) A copy of the complete application
(including any subsequent revisions to the application) and executive
director's preliminary decision must be available for review and copying
beginning on the first day of newspaper publication required by this section
and remain available until the commission has taken action on the application
or the commission refers issues to State Office of Administrative Hearings;
and
(3) where applicable, for air
quality permit applications, the applicant shall also make available the
executive director's draft permit, preliminary determination summary and air
quality analysis for review and copying beginning on the first day of newspaper
publication required by §
39.419 of this title (relating to
Notice of Application and Preliminary Decision) and remain available until the
commission has taken action on the application or the commission refers issues
to State Office of Administrative Hearings.
(h) Failure to publish notice of air quality
permit applications. If the chief clerk prepares a newspaper notice that is
required by Subchapters H and K of this chapter for air quality permit
applications and the applicant does not cause the notice to be published within
45 days of mailing of the notice from the chief clerk, or, for Notice of
Receipt of Application and Intent to Obtain Permit, within 30 days after the
executive director declares the application administratively complete, or fails
to submit the copies of notices or affidavit required in subsection (i) of this
section, the executive director may cause one of the following actions to
occur.
(1) The chief clerk may cause the
notice to be published and the applicant shall reimburse the agency for the
cost of publication.
(2) The
executive director may suspend further processing or return the application. If
the application is resubmitted within six months of the date of the return of
the application, it will be exempt from any application fee
requirements.
(i) Notice
and affidavit for air quality permit applications. When Subchapters H and K of
this chapter require an applicant for an air quality permit action to publish
notice, the applicant must file a copy of the published notice and a
publisher's affidavit with the chief clerk certifying facts that constitute
compliance with the requirement. The deadline to file a copy of the published
notice which shows the date of publication and the name of the newspaper is ten
business days after the last date of publication. The deadline to file the
affidavit is 30 calendar days after the last date of publication for each
notice. Filing an affidavit certifying facts that constitute compliance with
notice requirements creates a rebuttable presumption of compliance with the
requirement to publish notice. When the chief clerk publishes notice under
subsection (h) of this section, the chief clerk shall file a copy of the
published notice and a publisher's affidavit.
(j) For applications filed on or after
September 1, 2015, and subject to providing notice as prescribed by Texas Water
Code, §
5.115, the commission
shall make available on the commission's website notice of administratively
complete applications for a permit or license authorized under the Texas Water
Code and the Texas Health and Safety Code.
(k) Summary of application. For permit
applications that are declared by the executive director to be administratively
complete on or after May 1, 2022, the applicant will provide a plain-language
summary of the application, no more than two pages long, that will describe the
following:
(1) the function of the proposed
plant or facility;
(2) the expected
output of the proposed plant or facility;
(3) the expected pollutants that may be
emitted or discharged by the proposed plant or facility; and
(4) how the applicant will control those
pollutants, so that the proposed plant will not have an adverse impact on human
health or the environment.
Notes
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