| (a) Filing the administrative record. After the technical
review is completed, the executive director shall file the application,
draft permit, technical summary, and draft notice of application and
preliminary decision with the chief clerk.
(b) Notice text. The notice of application and preliminary
decision must contain the following information:
(1) the permit number;
(2) the name, address, and telephone number of the
applicant;
(3) a brief description of the location and nature
of the proposed marine seawater desalination project, including the
location of each outfall and the total quantity of water proposed
to be discharged by the facility;
(4) a summary of the executive director's preliminary
decision and whether the executive director has prepared a draft permit;
(5) a statement that the application is subject to
the Coastal Management Program and must be consistent with the Coastal
Management Program goals and policies;
(6) the website address where the administratively
and technically complete application, the draft permit, and the technical
summary are posted for public review;
(7) a description of the manner in which comments
regarding the executive director's preliminary decision may be submitted
and the deadline to file comments;
(8) a statement that the executive director will evaluate
comments raising issues that are timely received and are relevant,
material, or otherwise significant and develop a final technical summary;
(9) the name and telephone number of an agency contact
that interested persons may contact for further information; and
(10) any additional information required by the executive
director.
(c) Publication of the notice. The notice of application
and preliminary decision, the administratively and technically complete
application, the draft permit, and the technical summary, excluding
oversized documents, will be posted on the TCEQ website for public
review and comment. Concurrently with posting on the website, the
notice of application and preliminary decision will be emailed to
the email address on file with the Office of the Chief Clerk for the
following individuals and agencies:
(1) the state senator and the state representative
who represent the area where the facility is or will be located;
(2) the Texas Parks and Wildlife Department;
(3) the Texas General Land Office;
(4) the county judge who represents the area where
the facility is or will be located; and
(5) persons on the mailing lists required by §39.407
of this title (relating to Mailing Lists) that have provided a valid
email address.
(d) Amendment after notice. No amendments to an application
which would constitute a major amendment under the terms of §318.6
of this title (relating to Amendment of a Permit) can be made by the
applicant after the notice of application and preliminary decision
has been posted on the TCEQ website, unless new notice is posted on
the TCEQ website which includes a description of the proposed amendments
to the application. For purposes of this subsection, an attempted
transfer of an application shall constitute an amendment requiring
additional notice.
(e) Public comment. Public comment must be filed with
the chief clerk within the time period specified in the notice. The
public notice period shall end 15 calendar days after the date of
posting on the TCEQ website unless extended by the executive director
for good cause. A public comment that is not filed with the chief
clerk by the deadline provided in the notice shall be accepted by
the chief clerk and placed in the application file but the chief clerk
shall not process it.
(f) Response to comments and final decision. After
the close of the comment period, the executive director shall:
(1) evaluate all timely received and relevant, material,
or otherwise significant issues raised in public comments;
(2) develop a final technical summary which includes:
(A) a summary of all timely received and relevant,
material, or otherwise significant issues raised in public comments;
(B) a response to the issues raised in public comments;
and
(C) a summary of the executive director's final decision;
(3) revise the draft permit in response to comments,
if necessary; and
(4) file the final technical summary and revised draft
permit, if applicable, with the chief clerk within the shortest practical
time after the comment period ends.
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