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RULE §334.492Public Notice

The Class A facility owner or operator shall provide notice to the general public regarding the location, construction, operation, and potential impacts of the storage or treatment facility.

  (1) The facility owner or operator shall provide notice of the facility to the general public by means of a notice by publication and a notice by mail.

  (2) The notice shall contain, at a minimum, the following information in accordance with forms approved by the agency:

    (A) the name, address, phone number, and contact person for the owner of the facility;

    (B) the name, address, phone number, and contact person for the operator of the facility;

    (C) the name, address, phone number, and contact person for the landowner (if different from the facility owner);

    (D) the address and the physical description for the location of the facility;

    (E) notice to the public of the opportunity to submit written comments regarding the application for registration of the facility and to request a public meeting regarding the proposed facility within 30 days of the date of the notice;

    (F) notice that an application for registration has been filed with the agency;

    (G) a complete description of the activities which will be conducted at the facility, including details on the construction of the facility, the soil storage methods, the soil treatment methods, the final disposition of the treated soils, and documentation on any points of discharge;

    (H) the method for obtaining additional information on the facility.

  (3) The notice by publication shall be published in a newspaper published daily, if available, and generally circulated in the county or area where the proposed facility is to be located and within each county or area wherein persons reside who would be affected by the facility.

  (4) The notice by certified mail, return receipt requested, shall be sent to the following persons:

    (A) all adjacent landowners and all owners of property within 1,000 feet of the boundary of the facility as defined in the application;

    (B) the mayor and health authorities of the city in which the facility will be located, if applicable;

    (C) the county judge and county health authority of the county in which the facility will be located;

    (D) the appropriate state senator and representative for the area encompassing the facility;

    (E) all persons or organizations who have requested the notice or expressed interest in the facility. The agency may designate persons or organizations in addition to those specified by the facility owner or operator.

  (5) The facility owner or operator shall provide copies of each notice sent by mail, copies of the published notice, and copies of the signed publisher's affidavits for the notices to the agency's central office and to the appropriate agency regional office within two calendar days of publication and mailing.

Source Note: The provisions of this §334.492 adopted to be effective December 27, 1996, 21 TexReg 12177; amended to be effective November 23, 2000, 25 TexReg 11442

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