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RULE §279.5Notice of Application

(a) The executive director to the greatest extent practicable shall use a joint mailed notice issued by the licensing or permitting agency.

(b) If a joint notice is not used as provided in subsection (a) of this section and the executive director finds that all necessary materials have been received, the executive director shall mail notice of the application for certification to:

  (1) the adjacent landowners;

  (2) the mayor and health authorities of the city or town in which the activity is or will be located or in which waste is or will be disposed;

  (3) the county judge and health authorities of the county in which the facility is located or in which waste is or will be disposed;

  (4) the Texas Parks and Wildlife Department;

  (5) the United States Department of Interior Fish and Wildlife Service;

  (6) the Texas Water Development Board;

  (7) the United States Commerce Department, National Marine Fisheries Service;

  (8) the EPA, Region 6;

  (9) the Texas General Land Office;

  (10) the Secretary of the Coastal Coordination Council; and

  (11) the applicant.

(c) Any public notice issued under subsection (b) of this section shall contain:

  (1) the applicant's name and mailing address, together with the name and mailing address of the party conducting the activity, if different from the applicant;

  (2) a brief written description of the activity;

  (3) a statement that the applicant is seeking certification under the federal CWA, §401;

  (4) a statement that any comments concerning the application may be submitted to the executive director of the agency, Attention 401 Coordinator, MC 150, P.O. Box 13087, Austin, Texas 78711-3087, and a deadline for written public comment of no less than 30 days;

  (5) a statement that a copy of the application is available for review in the office of the federal licensing or permitting agency's office; and

  (6) a statement indicating how persons can request a public meeting.

(d) The executive director may waive notice requirements of this section when it is determined that a certification will be waived.

(e) The executive director may waive notice and meeting requirements of this section and §§279.6 - 279.8 of this title (relating to Public Comments, Public Meetings, and Notice of Public Meeting) and issue a final agency action in accordance with §§279.10 - 279.12 of this title (relating to Final Agency Action on National Pollutant Discharge Elimination System (NPDES) Permits; Final Agency Action on Department of the Army Permits; and Other State Certification) when an emergency as defined in §279.3 of this title (relating to Definitions) has been determined to exist and it is in the public interest to issue a certification decision in less than 30 days.

Source Note: The provision of this §279.5 adopted to be effective July 22, 1987, 12 TexReg 2187; amended to be effective July 13, 1995, 20 TexReg 4693; amended to be effective October 4, 2001, 26 TexReg 7569

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