| (a) Applicability. The requirements of subsections
(b) - (e) of this section apply to processing a new general permit,
an amendment, renewal, revocation, or cancellation of a general permit.
(b) Notice of a draft general permit shall be published
as follows:
(1) Notice shall be published in the Texas Register and in at least one newspaper
of statewide or regional circulation; and
(2) The public notice shall be published not later
than the 30th day before the commission considers the approval of
a general permit.
(c) The contents of a public notice of a draft general
permit shall:
(1) include the applicable information described in §39.411
of this title (relating to Text of Public Notice);
(2) include an invitation for written comments by the
public to the commission regarding the proposed draft general permit;
and
(3) specify a comment period of at least 30 days.
(d) Requirements relating to public meetings are as
follows:
(1) The agency may hold a public meeting to provide
an additional opportunity for public comment and shall hold such a
public meeting when the executive director determines, on the basis
of requests, that a significant degree of public interest in a draft
general permit exists.
(2) Notice of a public meeting shall be by publication
in the Texas Register not later than
the 30th day before the date of the meeting.
(3) Notice of a public meeting shall be mailed to the
following:
(A) the county judge of the county or counties in which
permittees under the general permit could be located;
(B) persons who filed public comment or request for
a public meeting on or before the deadline for filing public comment
or request for a public meeting; and
(C) any other person the executive director or chief
clerk may elect to include.
(4) The contents of a notice of a public meeting shall
include the applicable information described in §39.411 of this
title. Each notice must include an invitation for written or oral
comments by the public regarding the draft general permit.
(5) The public comment period shall automatically be
extended to the close of any public meeting held by the agency on
the proposed general permit.
(e) If the agency receives public comment during the
comment period relating to issuance of a general permit, the executive
director shall respond in writing to these comments, and this response
shall be made available to the public and filed with the chief clerk
at least ten days before the commission considers the approval of
the general permit. The response shall address all written comments
received during the comment period and oral or written comments received
during any public meeting held by the agency. The commission shall
consider all public comment in making its decision and shall either
adopt the executive director's response to public comment or prepare
its own response.
(1) The commission shall issue its written response
to comments on the general permit at the same time the commission
issues or denies the general permit.
(2) A copy of any issued general permit and response
to comments shall be made available to the public for inspection at
the agency's Austin office and also in the appropriate regional offices.
(3) A notice of the commission's action on the proposed
general permit and a copy of its response to comments shall be mailed
to each person who made a comment during the comment period.
(4) A notice of the commission's action on the proposed
general permit and the text of its response to comments shall be published
in the Texas Register.
|
