| (1) For an application for a minor amendment to a permit other than a TPDES permit, or for an application for a minor modification of a TPDES permit, under Chapter 305, Subchapter D of this title (relating to Amendments, Renewals, Transfers, Corrections, Revocation, and Suspension of Permits), the chief clerk shall mail notice, that the executive director has determined the application is technically complete and has prepared a draft permit, to the mayor and health authorities for the city or town, and to the county judge and health authorities for the county in which the waste will be discharged. The notice shall state the deadline to file public comment, which shall be no earlier than ten days after mailing notice. (2) For an application for a renewal of a confined animal feeding operation permit which was issued between July 1, 1974, and December 31, 1977, for which the applicant does not propose to discharge into or adjacent to water in the state and does not seek to change materially the pattern or place of disposal, no notice is required. (3) For an application for a minor amendment to a TPDES permit under Chapter 305, Subchapter D of this title, the following requirements apply. (A) The chief clerk shall mail notice of the application and preliminary decision, providing an opportunity to submit public comments and to request a public meeting to: (i) the mayor and health authorities of the city or town in which the facility is or will be located or in which pollutants are or will be discharged; (ii) the county judge and health authorities of the county in which the facility is or will be located or in which pollutants are or will be discharged; (iii) if applicable, state and federal agencies for which notice is required in 40 Code of Federal Regulations (CFR) §124.10(c); (iv) if applicable, persons on a mailing list developed and maintained according to 40 CFR §124.10(c)(1)(ix); (v) the applicant; (vi) persons on a relevant mailing list kept under §39.407 of this title (relating to Mailing Lists); and (vii) any other person the executive director or chief clerk may elect to include. (B) For TPDES major facility permits as designated by the United States Environmental Protection Agency on an annual basis, notice shall be published in the Texas Register. (C) The text shall meet the requirements in §39.411(b)(1) - (4)(A), (6), (7), (9), and (11) and (c)(4) - (6) of this title. (D) The notice shall provide at least a 30-day public comment period. (E) The executive director shall prepare a response to all relevant and material or significant public comments received by the commission under §55.152 of this title (relating to Public Comment Period). (f) Notice of contested case hearing. (1) This subsection applies if an application is referred to the State Office of Administrative Hearings for a contested case hearing under Chapter 80 of this title (relating to Contested Case Hearings). (2) Not less than 30 days before the hearing, the applicant shall publish notice at least once in a newspaper regularly published or circulated in each county where, by virtue of the county's geographical relation to the subject matter of the hearing, a person may reasonably believe persons reside who may be affected by the action that may be taken as a result of the hearing. The executive director shall provide to the chief clerk a list of the appropriate counties. (3) Not less than 30 days before the hearing, the chief clerk shall mail notice to the persons listed in §39.413 of this title, except that mailed notice to adjacent or downstream landowners is not required for an application to renew a permit. (4) For TPDES permits, the text of notice shall include: (A) everything that is required by §39.411(d)(1) and (2) of this title; (B) a general description of the location of each existing or proposed discharge point and the name of the receiving water; and (C) for applications concerning the disposal of sludge: (i) the use and disposal practices; (ii) the location of the sludge treatment works treating domestic sewage sludge; and (iii) the use and disposal sites known at the time of permit application. (g) Notice for discharges with a thermal component. For requests for a discharge with a thermal component filed pursuant to Clean Water Act, §316(a), 40 CFR Part 124, Subsection D, §124.57(a), public notice, which is in effect as of the date of TPDES program authorization, as amended, is adopted by reference. A copy of 40 CFR Part 124 is available for inspection at the agency's library located at the commission's central office located at 12100 Park 35 Circle, Building A, Austin. |
| Source Note: The provisions of this §39.551 adopted to be effective September 23, 1999, 24 TexReg 8190; amended to be effective August 29, 2001, 26 TexReg 6301; amended to be effective December 31, 2009, 34 TexReg 9450; amended to be effective June 24, 2010, 35 TexReg 5198 |
