30 Tex. Admin. Code § 39.653 - Application for Production Area Authorization
(a) Applicability. This section applies to an
application for a production area authorization under Chapter 331 of this title
(relating to Underground Injection Control).
(b) Notice of Receipt of Application and
Intent to Obtain Permit. After the executive director determines that the
application is administratively complete, notice shall be given as required by
§
39.418 of this title (relating to
Notice of Receipt of Application and Intent to Obtain Permit). This notice must
contain the text as required by §
39.411(b)(1) - (9) and
(11) of this title (relating to Text of
Public Notice). The chief clerk shall also mail notice to:
(1) persons who own the property on which the
existing or proposed production area is or will be located, if different from
the applicant;
(2) landowners
adjacent to the property on which the existing or proposed production area is
or will be located;
(3) persons who
own mineral rights underlying the existing or proposed production
area;
(4) persons who own mineral
rights underlying the tracts of land adjacent to the property on which the
existing or proposed production area is or will be located; and
(5) any groundwater conservation district
established in the county in which the existing or proposed production area is
or will be located.
(c)
Notice of Application and Preliminary Decision. The notice required by §
39.419 of this title (relating to
Notice of Application and Preliminary Decision) shall be published once under
§
39.405(f)(2) of
this title (relating to General Notice Provisions) after the chief clerk has
mailed the preliminary decision and the Notice of Application and Preliminary
Decision to the applicant. This notice must contain the text as required by
§
39.411(c)(1) -
(6) of this title. The notice shall specify
the deadline to file with the chief clerk public comment, which is 30 days
after mailing. The chief clerk shall also mail notice to:
(1) persons who own the property on which the
existing or proposed production area is or will be located, if different from
the applicant;
(2) landowners
adjacent to the property on which the existing or proposed production area is
or will be located;
(3) persons who
own mineral rights underlying the existing or proposed production
area;
(4) persons who own mineral
rights underlying the tracts of land adjacent to the property on which the
existing or proposed production area is or will be located; and
(5) any groundwater conservation district
established in the county in which the existing or proposed production area is
or will be located.
(d)
Notice of contested case hearing.
(1) This
subsection applies if an application is referred to the State Office of
Administrative Hearings for a contested case hearing under Chapter 80 of this
title (relating to Contested Case Hearings).
(2) The applicant shall publish notice at
least once under §
39.405(f)(2) of
this title.
(3) The chief clerk
shall mail notice to the persons listed in §
39.413 of this title (relating to
Mailed Notice).
(4) Notice under
paragraphs (2) and (3) this subsection shall be completed at least 30 days
before the hearing.
Notes
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