| (a) Applicability. This subchapter applies to applications
for injection well permits that are declared administratively complete
on or after September 1, 1999.
(b) Preapplication local review committee process.
If an applicant decides to participate in a local review committee
process under Texas Health and Safety Code, §361.063, the applicant
shall submit a notice of intent to file an application to the executive
director, setting forth the proposed location and type of facility.
The applicant shall mail notice to the county judge of the county
in which the facility is to be located. In addition, if the proposed
facility is to be located in a municipality or the extraterritorial
jurisdiction of a municipality, a copy of the notice must be mailed
to the mayor of the municipality.
(c) Notice of Receipt of Application and Intent to
Obtain Permit.
(1) On the executive director's receipt of an application,
or notice of intent to file an application, the Office of the Chief
Clerk (chief clerk) shall mail notice to the state senator and representative
who represent the area in which the facility is or will be located.
(2) After the executive director determines that the
application is administratively complete, notice must be given as
required by §39.418 of this title (relating to Notice of Receipt
of Application and Intent to Obtain Permit). This notice must contain
the text as required by §39.411(b)(1) - (9) and (11) of this
title (relating to Text of Public Notice). Notice under §39.418
of this title will satisfy the notice of receipt of application required
by §281.17(d) of this title (relating to Notice of Receipt of
Application and Declaration of Administrative Completeness).
(3) After the executive director determines that the
application is administratively complete, in addition to the requirements
of §39.418 of this title, notice must be given to the School
Land Board, if the application will affect lands dedicated to the
permanent school fund. The notice must be in the form required by
Texas Water Code, §5.115(c).
(4) For Notice of Receipt of Application and Intent
to Obtain a Permit concerning Class I or Class III underground injection
wells, the chief clerk shall also mail notice to:
(A) persons who own the property on which the existing
or proposed injection well facility is or will be located, if different
from the applicant;
(B) landowners adjacent to the property on which the
existing or proposed injection well facility is or will be located;
(C) persons who own mineral rights underlying the existing
or proposed injection well facility;
(D) 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
(E) any groundwater conservation district established
in the county in which the existing or proposed injection well facility
is or will be located.
(5) The chief clerk or executive director shall also
mail a copy of the application or a summary of its contents to the
mayor and health authority of a municipality in whose territorial
limits or extraterritorial jurisdiction the solid waste facility is
located and to the county judge and the health authority of the county
in which the facility is located.
(6) 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.
(d) Notice of Application and Preliminary Decision.
The notice required by §39.419 of this title (relating to Notice
of Application and Preliminary Decision) must be published once under §39.405(f)(2)
of this title (relating to General Notice Provisions) after the chief
clerk has mailed the preliminary decision and the Notice of Application
and Preliminary Decision to the applicant. This notice must contain
the text as required by §39.411(c)(1) - (6) of this title. In
addition to the requirements of §39.419 of this title and §39.426
of this title (relating to Alternative Language Requirements), the
following requirements apply.
(1) The applicant shall publish notice at least once
in a newspaper of general circulation in each county that is adjacent
or contiguous to each county in which the proposed facility is located.
One notice may satisfy the requirements of §39.405(f)(2) of this
title and of this subsection, if the newspaper meets the requirements
of both rules.
(2) 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.
(3) The chief clerk shall mail notice to the persons
listed in §39.413 of this title (relating to Mailed Notice) and
to local governments located in the county of the facility. "Local
governments" have the meaning as defined in Texas Water Code, Chapter
26.
(4) For Notice of Application and Preliminary Decision
concerning Class I or Class III underground injection wells, the chief
clerk shall also mail notice to:
(A) persons who own the property on which the existing
or proposed injection well facility is or will be located, if different
from the applicant;
(B) landowners adjacent to the property on which the
existing or proposed injection well facility is or will be located;
(C) persons who own mineral rights underlying the existing
or proposed injection well facility;
(D) 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
(E) any groundwater conservation district established
in the county in which the existing or proposed injection well facility
is or will be located.
(5) If the application concerns a hazardous waste facility,
the applicant shall broadcast notice under §39.503(d)(2) of this
title (relating to Application for Industrial or Hazardous Waste Facility
Permit).
(6) The deadline for public comments on industrial
solid waste, Class III, or Class V injection well permit applications
will be not less than 30 days after newspaper publication, and for
hazardous waste applications, not less than 45 days after newspaper
publication.
(e) Notice of public meeting.
(1) For an application for a new hazardous waste facility,
the agency:
(A) may hold a public meeting under §55.154 of
this title (relating to Public Meetings) in the county in which the
facility is proposed to be located to receive public comment concerning
the application; but
(B) shall hold a public meeting under §55.154
of this title in the county in which the facility is proposed to be
located to receive public comment concerning the application:
(i) on the request of a member of the legislature who
represents the general area in which the facility is proposed to be
located; or
(ii) if the executive director determines that there
is substantial public interest in the proposed facility.
(2) For an application for a major amendment to or
a Class 3 modification of an existing hazardous waste facility permit,
the agency:
(A) may hold a public meeting under §55.154 of
this title in the county in which the facility is located to receive
public comment on the application; but
(B) shall hold a public meeting under §55.154
of this title in the county in which the facility is located to receive
public comment concerning the application:
(i) on the request of a member of the legislature who
represents the general area in which the facility is located; or
(ii) if the executive director determines that there
is substantial public interest in the facility.
(3) For purposes of this subsection, "substantial public
interest" is demonstrated if a request for a public meeting is filed
by:
(A) a local governmental entity with jurisdiction over
the location in which the facility is located or proposed to be located
by formal resolution of the entity's governing body;
(B) a council of governments with jurisdiction over
the location in which the facility is located or proposed to be located
by formal request of either the council's solid waste advisory committee,
executive committee, or governing board;
(C) a homeowners' or property owners' association formally
organized or chartered and having at least ten members located in
the general area in which the facility is located or proposed to be
located; or
Cont'd... |
