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RULE §4.270Notice

(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.

Source Note: The provisions of this §4.270 adopted to be effective April 15, 2013, 38 TexReg 2334

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