| (a) A permit applicant for a stationary commercial
fluid recycling facility shall publish notice and file proof of publication
in accordance with the following requirements.
(1) A 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 the application is filed with the Commission
and not later than the 30th day after the date on which the application
is filed with the Commission.
(2) The published notice shall:
(A) be entitled, "Notice of Application for Stationary
Commercial Fluid Recycling Facility";
(B) provide the date the applicant filed the application
with the Commission for the permit;
(C) identify the name of the applicant;
(D) state the physical address of the proposed facility
and its location in relation to the nearest municipality or community;
(E) identify the owner or owners of the property upon
which the proposed facility will be located;
(F) state that affected persons may protest the application
by filing a protest with the Railroad Commission within 15 days of
the last date of publication; and
(G) provide the address to which protests may be mailed.
(3) The applicant shall submit to the Commission proof
that the applicant published notice as required by this section. Proof
of publication of the notice shall consist of a sworn 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 to which are attached the tear sheets
of the published notices.
(b) A permit applicant for a stationary commercial
fluid recycling facility shall give personal notice and file proof
of such notice in accordance with the following requirements.
(1) The applicant shall mail or deliver notice to the
following persons on or after the date the application is filed with
the Commission's headquarters office in Austin:
(A) the surface owner or owners of the tract upon which
the commercial recycling facility will be located;
(B) the city clerk or other appropriate official, if
the tract upon which the facility will be located lies within the
corporate limits of an incorporated city, town, or village;
(C) the surface owners of tracts adjoining the tract
on which proposed facility will be located, unless the boundary with
the adjoining tract is a distance of 1/2-mile or greater from the
fenceline or edge of the facility as shown on the plat required under §4.281
of this title (relating to Minimum Real Property Information); and
(D) any affected person or class of persons that the
director determines should receive notice of a particular application.
(2) Personal notice of the permit application shall
consist of:
(A) a copy of the application;
(B) a statement of the date the applicant filed the
application with the Commission;
(C) a statement that a protest to the application should
be filed with the Commission within 15 days of the last date of published
notice, a statement identifying the publication in which published
notice will appear, and the procedure for making a protest of the
application to the Commission;
(D) a description of the location of the site for which
the application was made, including the county in which the site is
to be located, the name of the original survey and abstract number,
and the direction and distance from the nearest municipality;
(E) the name of the owner or owners of the property
on which the facility is to be located;
(F) the name of the applicant;
(G) the type of fluid or waste to be handled at the
facility; and
(H) the recycling method proposed and the proposed
end-use of the recycled material.
(3) The applicant shall submit to the Commission proof
that personal notice has been given as required. Proof of notice shall
consist of a copy of each notification letter sent, along with a statement
signed by the applicant that includes the names and addresses of each
person to whom the notice was sent, and the date that each was notified
of the application.
(c) If the director has reason to believe that a person
to whom the applicant was required to give notice of an application
has not received such notice, then the director shall not take action
on the application until the applicant has made reasonable efforts
to give such person notice of the application and an opportunity to
file a protest to the application with the Commission.
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