(a) Filing the administrative record. After the technical
review is completed, the executive director shall file the application,
draft permit, technical summary, and draft notice of application and
preliminary decision with the chief clerk.
(b) Notice text. The notice of application and preliminary
decision must contain the following information:
(1) the permit number;
(2) the name, address, and telephone number of the
applicant;
(3) a brief description of the location and nature
of the proposed marine seawater desalination project, including the
location of each outfall and the total quantity of water proposed
to be discharged by the facility;
(4) a summary of the executive director's preliminary
decision and whether the executive director has prepared a draft permit;
(5) if applicable, a statement that the application
is subject to the Coastal Management Program and must be consistent
with the Coastal Management Program goals and policies;
(6) the website address where the administratively
and technically complete application, the draft permit, and the technical
summary are posted for public review;
(7) a brief description of public comment procedures,
including:
(A) a description of the manner in which comments
regarding the executive director's preliminary decision may be submitted;
(B) the deadline to file comments; and
(C) the deadline to request a public meeting or a
contested case hearing;
(8) a statement that the executive director will respond
to comments raising issues that are timely received and are relevant,
material, or otherwise significant;
(9) a brief description of procedures by which the
public may request a public meeting and a statement that a public
meeting will be held by the executive director if requested by a member
of the legislature who represents the general area where the facility
will be located or there is substantial public interest in the proposed
activity;
(10) a statement that there is an opportunity for
a contested case hearing, the procedures by which the public may request
a contested case hearing, and that only disputed issues of fact or
mixed issues of fact and law that are relevant and material to the
commission's decision that are raised during the comment period can
be considered if a contested case hearing is granted;
(11) a statement that the executive director may issue
final approval of the application unless a timely contested case hearing
request is filed with the chief clerk after transmittal of the executive
director's decision and response to public comment;
(12) the name and telephone number of an agency contact
that interested persons may contact for further information; and
(13) any additional information required by the executive
director.
(c) Publication of the notice. The notice of application
and preliminary decision, the administratively and technically complete
application, the draft permit, and the technical summary, excluding
oversized documents, will be posted on the TCEQ website for public
review and comment. Concurrently with posting on the website, the
notice of application and preliminary decision will be emailed to
the email address on file with the Office of the Chief Clerk for the
following individuals and agencies:
(1) the state senator and the state representative
who represent the area where the facility is or will be located;
(2) the Texas Parks and Wildlife Department;
(3) the Texas General Land Office;
(4) the county judge who represents the area where
the facility is or will be located; and
(5) persons on the mailing lists required by §39.407
of this title (relating to Mailing Lists) that have provided a valid
email address.
(d) Amendment after notice. No amendments to an application
which would constitute a major amendment under the terms of §318.6
of this title (relating to Amendment of a Permit) can be made by the
applicant after the notice of application and preliminary decision
has been posted on the TCEQ website, unless new notice is posted on
the TCEQ website which includes a description of the proposed amendments
to the application. For purposes of this subsection, an attempted
transfer of an application shall constitute an amendment requiring
additional notice.
(e) Public comment. Public comments must be filed
with the chief clerk within the time period specified in the notice.
The public notice period shall end 15 calendar days after the date
of posting on the TCEQ website unless extended by the executive director
for good cause. The public comment period shall be extended to the
close of any public meeting.
(f) Public meeting notice. Notice of a public meeting
must include the following information:
(1) the information required by subsection (b)(1)
- (3) and (12) of this section;
(2) the date, time, and place of the meeting;
(3) a brief description of the nature and purpose
of the meeting, including the applicable rules and procedures; and
(4) a brief description of public comment procedures,
including a description of the manner in which comments regarding
the executive director's preliminary decision may be submitted and
a statement in the notice for any permit application for which there
is an opportunity for contested case hearing, that only relevant and
material issues raised during the comment period can be considered
if a contested case hearing is granted.
(g) Recipients of public meeting notice. Notice of
a public meeting will be mailed or emailed to any person who submitted
comments or requested a public meeting; emailed to the state senator
and the state representative who represent the area where the facility
is or will be located, the Texas Parks and Wildlife Department, and
the Texas General Land Office; emailed to the county judge who represents
the area where the facility is or will be located; and posted on the
TCEQ website at least 14 calendar days prior to the meeting date.
The chief clerk need not mail or email notice of the public meeting
to persons submitting public comment or public meeting requests who
have not provided a return mailing address or email address.
|