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RULE §295.304Notice of Application to Divert Marine Seawater or Seawater

(a) At the time that the technical review of an application for a permit to divert marine seawater or seawater has been completed and the technical memoranda have been filed by the executive director with the chief clerk of the commission, the chief clerk shall give notice by email to the county judge for each county in which the proposed facility is proposed to be located, the Texas Parks and Wildlife Department, the Texas General Land Office, and any person who has submitted a written request to the Office of the Chief Clerk providing a valid email address and asking to receive notice of applications filed under this subchapter. The notice shall also be posted on the commission's website.

(b) The notice must:

  (1) state the name and address of the applicant;

  (2) state the date on which the application was received by the commission;

  (3) state the date the application was filed by the executive director with the chief clerk as required by §281.17(a) or (b) of this title (relating to Notice of Receipt of Application and Declaration of Administrative Completeness);

  (4) state that the executive director has determined that the technical review of the application is complete;

  (5) state the application number;

  (6) state the purpose and amount of the proposed diversion of marine seawater or seawater;

  (7) identify the location of the diversion point(s);

  (8) state the executive director's recommendation regarding the application;

  (9) state that a person may submit written comments and that an affected person, the applicant, the executive director, and the commission may request a contested case hearing and indicate the deadlines for doing so;

  (10) include the name and address of the agency, and the telephone number of an agency contact from whom interested persons may obtain future information; and

  (11) give any additional information the commission considers necessary.

(c) Requests for a contested case hearing will be processed in accordance with Chapter 55, Subchapter G of this title (relating to Requests for Contested Case Hearing and Public Comment on Certain Applications).

Source Note: The provisions of this §295.304 adopted to be effective December 8, 2016, 41 TexReg 9539

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