| (a) A permit applicant for off-lease commercial recycling
of fluid shall give personal notice and file proof of such notice
in accordance with the following requirements.
(1) The applicant shall mail or deliver notice to the
following persons on or after the date the application is filed with
the Commission's headquarters office in Austin:
(A) the surface owner or owners of the tract upon which
the commercial recycling facility will be located;
(B) the city clerk or other appropriate official, if
the tract upon which the facility will be located lies within the
corporate limits of an incorporated city, town, or village;
(C) the surface owners of tracts adjoining the tract
on which the proposed facility will be located, unless the boundary
with the adjoining tract is a distance of 1/2-mile or greater from
the fenceline or edge of the facility as shown on the plat required
under §4.265(b) of this title (relating to Minimum Real Property
Information); and
(D) any affected person or class of persons that the
director determines should receive notice of a particular application.
(2) Personal notice of the permit application shall
consist of:
(A) a copy of the application;
(B) a statement of the date the applicant filed the
application with the Commission;
(C) a statement that a protest to the application should
be filed with the Commission within 15 days of the date of receipt
and the procedure for making a protest of the application to the Commission;
(D) a description of the location of the site for which
the application was made, including the county in which the site is
to be located, the name of the original survey and abstract number,
and the direction and distance from the nearest municipality;
(E) the name of the owner or owners of the property
on which the facility is to be located;
(F) the name of the applicant;
(G) the type of fluid or waste to be handled at the
facility; and
(H) the recycling method proposed and the proposed
end-use of the recyclable product.
(3) The applicant shall submit to the Commission proof
that personal notice has been given as required. Proof of notice shall
consist of a copy of each notification letter sent, along with a statement
signed by the applicant that includes the names and addresses of each
person to whom the notice was sent, and the date that each person
was notified of the application.
(b) If the director has reason to believe that a person
to whom the applicant was required to give notice of an application
has not received such notice, then the director shall not take action
on the application until the applicant has made reasonable efforts
to give such person notice of the application and an opportunity to
file a protest to the application with the Commission.
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