|(a) Each owner of real property situated within 500
feet of the proposed location of any LP-gas containers of 10,000 gallon
aggregate water capacity or more receiving notice of a proposed installation
shall have 18 calendar days from the date the notice is postmarked
to file a written objection using the LPG Form 500A sent to them by
the applicant as described in §9.102 of this title (relating
to Notice of Stationary LP-Gas Installations) with LP-Gas Operations.
An objection is considered timely filed when it is actually received
by the Commission.
(b) LP-Gas Operations shall review all objections within
10 business days of receipt. An objection shall be in writing and
shall include a statement of facts showing that the proposed installation:
(1) does not comply with the LP-Gas
Safety Rules, specifying which rules are violated;
(2) does not comply with the statutes of the State
of Texas, specifying which statutes are violated; or
(3) constitutes a danger to the public health, safety,
and welfare, specifying the exact nature of the danger. For purposes
of this section, "danger" means an imminent threat or an unreasonable
risk of bodily harm, but does not mean diminished property or esthetic
values in the area.
(c) Upon review of the objection, LP-Gas Operations
(1) schedule a public hearing as specified in §9.107
of this title (relating to Hearings on Stationary LP-Gas Installations);
(2) notify the objecting party in writing within 10
business days of receipt requesting further information for clarification
and stating why the objection is being returned. The objecting entity
shall have 10 calendar days from the postmark of LP-Gas Operations'
letter to file its corrected objection. Clarification of incomplete
or nonsubstantive objections shall be limited to two opportunities.
If new objections are raised in the objecting party's clarification,
the new objections shall be limited to one notice of correction.
|Source Note: The provisions of this §9.103 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913