(a) In addition to NFPA 52 §4.3 and for any alternate
design used for installations subject to NFPA 59A requirements, a
person may apply for an exception to the provisions of this chapter
by filing LNG Form 2025 along with supporting documentation and a
$50 filing fee with AFS.
(b) The application shall contain the following:
(1) the section number of any rules for which an exception
is being requested;
(2) the type of relief desired, including the exception
requested and any information which may assist AFS in comprehending
the requested exception;
(3) a concise statement of facts which support the
applicant's request for the exception, such as the reason for the
exception, the safety aspects of the exception, and the social and/or
economic impact of the exception;
(4) for all stationary installations, regardless of
size, a description of the acreage and/or address upon which the subject
of the exception will be located. The description shall be in writing
and shall include:
(A) a site drawing;
(B) sufficient identification of the site so that determination
of property boundaries may be made;
(C) a plat from the applicable appraisal district indicating
the ownership of the land; and
(D) the legal authority under which the applicant,
if not the owner, is permitted occupancy;
(5) the name, business address, and telephone number
of the applicant and of the authorized agent, if any; and
(6) a list of the names and addresses of all interested
entities as defined in subsection (c) of this section.
(c) Notice of the application for an exception to a
safety rule shall include the following items and procedures:
(1) The applicant shall send a copy of LNG Form 2025
by certified mail, return receipt requested, to all affected entities
as specified in paragraphs (2), (3), and (4) of this subsection on
the same date on which the form is filed with or sent to AFS. The
applicant shall include a notice to the affected entities that any
objection shall be filed with AFS within 18 calendar days of the postmark.
The applicant shall file all return receipts with AFS as proof of
notice.
(2) If an exception is requested for a stationary site,
the affected entities to whom the applicant shall give notice shall
include but not be limited to:
(A) persons and businesses owning or occupying property
adjacent to the site;
(B) the city council or fire marshal, if the site is
within municipal limits; and
(C) the county Commission, if the site is not within
any municipal limits.
(3) If an exception is requested for a non-stationary
installation, affected entities to whom the applicant shall give notice
shall include but not be limited to:
(A) the Texas Department of Public Safety; and
(B) all processed gas loading and unloading facilities
used by the applicant.
(4) AFS may require an applicant to give notice to
persons in addition to those listed in paragraphs (2) and (3) of this
subsection if doing so will not prejudice the rights of any entity.
(d) Objections to the requested exception shall be
in writing, filed with AFS within 18 calendar days of the postmark
of the application, and shall be based on facts that tend to demonstrate
that, as proposed, the exception would have an adverse effect on public
health, safety, or welfare. AFS may decline to consider objections
based solely on claims of diminished property or esthetic values in
the area.
(e) AFS shall review the application within 21 business
days of receipt of the application.
(1) If AFS does not receive any objections from any
affected entities as defined in subsection (c) of this section, the
AFS director may grant administratively the exception if the AFS director
determines that the installation, as proposed, does not adversely
affect the health or safety of the public. AFS shall notify the applicant
in writing by the end of the 21-day review period and, if approved,
the installation shall be installed within one year from the date
of approval. AFS shall also advise the applicant at the end of the
objection period as to whether any objections were received and whether
the applicant may proceed.
(2) If the AFS director denies the exception, AFS shall
notify the applicant, in writing, outlining the reasons and any specific
deficiencies.
(3) The applicant may modify the application to correct
the deficiencies and resubmit the application along with a $30 resubmission
fee, or may request a hearing on the matter.
(A) To be granted a hearing, the applicant shall file
a written request for hearing within 14 calendar days of receiving
notice of the administrative denial.
(B) A hearing shall be held when AFS receives an objection,
as set out in subsection (d) of this section from any affected entity
or when the applicant requests one following an administrative denial.
AFS shall forward the request to the Hearing Division.
(f) Applicants intentionally submitting incorrect or
misleading information are subject to penalties as set out in Texas
Natural Resources Code, §116.142, and the filing of incorrect
or misleading information shall be grounds for dismissing the application
with prejudice.
(g) After hearing, exceptions to this chapter may be
granted by the Commission if the Commission finds that granting the
exception for the installation, as proposed, will not adversely affect
the safety of the public.
(h) A request for an exception shall expire if it is
inactive for three months after the date of the letter in which the
applicant was notified by AFS of an incomplete request. Additional
time may be granted upon request if needed to generate engineering
results or calculations. The applicant may restart the application
process.
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Source Note: The provisions of this §14.2052 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective June 5, 2006, 31 TexReg 4607; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044 |