| (D) a group of ten or more local residents, property
owners, or businesses located in the general area in which the facility
is located or proposed to be located.
(4) For an application for a new industrial or hazardous
waste facility that would accept municipal solid waste, the applicant
may hold a public meeting in the county in which the facility is proposed
to be located.
(5) A public meeting is not a contested case proceeding
under the Administrative Procedure Act. A public meeting held as part
of a local review committee process under subsection (b) of this section
meets the requirements of paragraph (1) or (2) of this subsection
if public notice is provided under this subsection.
(6) The applicant shall publish notice of any public
meeting under this subsection, in accordance with §39.405(f)(2)
of this title, once each week during the three weeks preceding a public
meeting. The published notice must be at least 15 square inches (96.8
square centimeters) with a shortest dimension of at least three inches
(7.6 centimeters). For public meetings under paragraph (3) of this
subsection, the notice of public meeting is not subject to §39.411(d)
of this title, but instead must contain at least the following information:
(A) permit application number;
(B) applicant's name;
(C) proposed location of the facility;
(D) location and availability of copies of the application;
(E) location, date, and time of the public meeting;
and
(F) name, address, and telephone number of the contact
person for the applicant from whom interested persons may obtain further
information.
(7) For public meetings held by the agency under paragraph
(1) or (2) of this subsection, the chief clerk shall mail notice to
the persons listed in §39.413 of this title.
(f) Notice of hearing.
(1) Applicability. 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) Newspaper notice.
(A) The applicant shall publish notice at least once
in a newspaper of general circulation in the county in which the facility
is located and in each county and area that is adjacent or contiguous
to each county in which the proposed facility is located.
(B) If the application concerns a hazardous waste facility,
the hearing must include one session held in the county in which the
facility is located. The applicant shall publish notice of the hearing
once each week during the three weeks preceding the hearing under §39.405(f)(2)
of this title. The published notice must be at least 15 square inches
(96.8 square centimeters) with a shortest dimension of at least three
inches (7.6 centimeters) or have a total size of at least nine column
inches (18 square inches). The text of the notice must include the
statement that at least one session of the hearing will be held in
the county in which the facility is located.
(3) Mailed notice.
(A) If the applicant proposes a new solid waste management
facility, the applicant shall mail notice to each residential or business
address 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
chief clerk shall mail notice to the persons listed in §39.413
of this title, except that the chief clerk shall not mail notice to
the persons listed in §39.413(1) of this title. The notice must
be mailed no more than 45 days and no less than 30 days before the
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.
(B) If the applicant proposes to amend or renew an
existing permit, the chief clerk shall mail notice to the persons
listed in §39.413 of this title.
(4) Radio broadcast. If the application concerns a
hazardous waste facility, the applicant shall broadcast notice of
the hearing under subsection (d)(2) of this section.
(5) Deadline. Notice under paragraphs (2)(A), (3),
and (4) of this subsection must be completed at least 30 days before
the hearing.
(g) Injection wells. This section does not apply to
applications for an injection well permit.
(h) Information repository. The requirements of 40
CFR §124.33(b) - (f), which is adopted by reference as amended
and adopted in the CFR through December 11, 1995 (60 FR 63417), apply
to all applications for hazardous waste permits.
|
| Source Note: The provisions of this §39.503 adopted to be effective September 23, 1999, 24 TexReg 8190; amended to be effective August 15, 2002, 27 TexReg 7132 ; amended to be effective November 30, 2005, 30 TexReg 7877; amended to be effective July 19, 2006, 31 TexReg 5646; amended to be effective May 14, 2020, 45 TexReg 3060; amended to be effective September 16, 2021, 46 TexReg 5784 |
