| (C) If the applicant proposes a new solid waste management
facility, the applicant shall mail notice to each residential or business
address, not listed under subparagraph (A) of this paragraph, located
within 1/2 mile of the facility and to each owner of real property
located within 1/2 mile of the facility listed in the real property
appraisal records of the appraisal district in which the facility
is located. The notice must be mailed to the persons listed as owners
in the real property appraisal records on the date the application
is determined to be administratively complete. The notice must be
mailed no more than 45 days and no less than 30 days before the contested
case hearing. Within 30 days after the date of mailing, the applicant
shall file with the chief clerk an affidavit certifying compliance
with its obligations under this subsection. Filing an affidavit certifying
facts that constitute compliance with notice requirements creates
a rebuttable presumption of compliance with this subparagraph.
(4) Radio broadcast. If the application concerns a
hazardous waste facility, the applicant shall broadcast notice under §39.503(d)(2)
of this title.
(5) Deadline. Notice under paragraphs (2)(A), (3),
and (4) of this subsection must be completed at least 30 days before
the contested case hearing.
(g) Approval. All published notices required by this
section must be in a form approved by the executive director prior
to publication.
(h) Applications for individual Class V injection well
permits for aquifer storage and recovery (ASR) projects. Notwithstanding
the requirements of subsections (c) and (d) of this section, this
subsection establishes the public notice requirements for an application
for an individual Class V injection well permit for an ASR project.
Issuance of the Notice of Receipt of Application and Intent to Obtain
a Permit is not required for an application for an individual Class
V injection well permit for an ASR project. The notice required by §39.419
of this title must be published by the applicant once in a newspaper
of general circulation in the county in which the injection well will
be located after the chief clerk has mailed the preliminary decision
and the Notice of Application and Preliminary Decision to the applicant.
The chief clerk shall provide notice by first class mail to any groundwater
conservation district in which the wells associated with the ASR project
will be located. The chief clerk shall also mail notice to the persons
listed in §39.413(7) - (9) of this title. This notice must contain
the text as required by §39.411(c)(1) - (6) of this title.
|
| Source Note: The provisions of this §39.651 adopted to be effective September 23, 1999, 24 TexReg 8190; amended to be effective December 7, 2000, 25 TexReg 11953; amended to be effective November 30, 2005, 30 TexReg 7877; amended to be effective July 19, 2006, 31 TexReg 5646; amended to be effective March 12, 2009, 34 TexReg 1619; amended to be effective June 24, 2010, 35 TexReg 5198; amended to be effective May 19, 2016, 41 TexReg 3500 |
