|(a) For a proposed installation with an aggregate water
capacity of 10,000 gallons or more, an applicant shall send a copy
of the filings required under §9.101(c) of this title (relating
to Filings Required for Stationary LP-Gas Installations) by certified
mail, return receipt requested or otherwise delivered, to all owners
of real property situated within 500 feet of any proposed container
location at the same time the originals are filed with LP-Gas Operations.
LP-Gas Operations shall consider the notice to be sufficient when
the applicant has provided evidence that copies of a complete application
have been mailed or otherwise delivered to all real property owners.
The applicant may obtain names and addresses of owners from current
county tax rolls.
(b) An applicant shall notify owners of real property
situated within 500 feet of any proposed container location if:
(1) the current aggregate water capacity of the installation
is more than doubled in a 12-month period;
(2) the resulting aggregate water capacity of the installation
will be more than 120,000 gallons; or
(3) LP-Gas Operations considers notice to be in the
(c) An applicant shall not be required to give notice
for installations at "hot-mix" plants where LP-gas containers of 10,000
gallons aggregate water capacity or more are used as fuel storage
supply for asphalt heating provided that:
(1) the applicant submits proof that such "hot-mix"
operations will not exceed two years at the specified location; and
(2) the applicant has obtained approval from the fire
marshal if the operations are within a city's limits or extraterritorial
|Source Note: The provisions of this §9.102 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913