|(a) A person may apply for an exception to the provisions
of this chapter by filing LPG Form 25 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;
(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
(1) The applicant shall send a copy of LPG Form 25
by certified mail, return receipt requested, or otherwise delivered
to all affected entities as specified in paragraphs (2), (3), and
(4) of this subsection on the same date on which the form or application
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 postmark or other delivery of the application.
The applicant shall file all return receipts with AFS as proof of
(2) If an exception is requested for a stationary site,
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 motor or mobile
fuel 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
utilized 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 at 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
(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
director may administratively grant the exception if the 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
(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.
(4) 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.
(5) 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 for hearing to the Hearings Division.
(f) Applicants intentionally submitting incorrect or
misleading information are subject to penalties in the Texas Natural
Resources Code, §91.143, 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. The applicant
may restart the application process.
|Source Note: The provisions of this §9.27 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127