| (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) 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 this subsection if public notice is provided
in accordance with this subsection.
(5) The applicant shall publish notice of the public
meeting once each week during the three weeks preceding a public meeting
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).
(6) The chief clerk shall mail notice to the persons
listed in §39.413 of this title.
(f) Notice of contested case 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) If the application concerns a facility other than
a hazardous waste facility, 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) For Class I underground injection wells, 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)
and the notice must appear in the section of the newspaper containing
state or local news items.
(C) 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). The notice must appear in the section of
the newspaper containing state or local news items. 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) For all applications concerning underground injection
wells, the chief clerk shall mail notice to persons listed in §39.413
of this title.
(B) For notice of hearings concerning Class I or Class
III underground injection wells, the chief clerk shall also mail notice
to:
(i) persons who own the property on which the existing
or proposed injection well facility is or will be located, if different
from the applicant;
(ii) landowners adjacent to the property on which the
existing or proposed injection well facility is or will be located;
(iii) persons who own mineral rights underlying the
existing or proposed injection well facility;
(iv) persons who own mineral rights underlying the
tracts of land adjacent to the property on which the existing or proposed
injection well facility is or will be located; and
(v) any groundwater conservation district established
in the county in which the existing or proposed injection well facility
is or will be located.
(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 and aquifer
recharge (AR) 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 application for either an ASR project or an AR project.
Issuance of the Notice of Receipt of Application and Intent to Obtain
a Permit is not required for an individual Class V injection well
permit application for an ASR project or an AR 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 or AR 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; amended to be effective May 28, 2020, 45 TexReg 3441; amended to be effective September 16, 2021, 46 TexReg 5784 |
