|(a) If a person who receives notice or other affected
person files a proper protest with the Commission, the director shall
give the applicant written notice of the protest and of the applicant's
right to either request a hearing on the application or withdraw the
application. The applicant shall have 30 days from the date of the
director's notice to respond, in writing, by either requesting a hearing
or withdrawing the application. In the absence of a timely written
response from the applicant, the director shall consider the application
to have been withdrawn.
(b) Even if there is no protest filed, the director
may refer an application to a hearing if the director determines that
a hearing is in the public interest. In determining whether a hearing
is in the public interest, the director will consider the characteristics
and volume of oil and gas waste to be stored, handled and treated
at the facility; the potential risk posed to surface and subsurface
water; and any other factor identified in this subchapter relating
to siting, construction, and operation of the facility.
(c) Before a hearing on a permit application for a
commercial recycling facility, the Commission shall provide notice
of the hearing to all affected persons, and other persons or governmental
entities who express, in writing, an interest in the application.