| (a) Each owner of real property receiving notice of
a proposed installation pursuant to §9.102(a) of this title (relating
to Notice of Stationary LP-Gas Installations) shall have 18 calendar
days from the date the notice is postmarked to file a written objection
with AFS using the LPG Form 500A sent to them by the applicant. An
objection is considered timely filed when it is actually received
by the Commission.
(b) AFS shall review all objections within 10 business
days of receipt. An objection shall be in writing and shall include
a statement of facts showing that the proposed installation:
(1) does not comply with the rules in this chapter,
specifying which rules are violated;
(2) does not comply with the statutes of the State
of Texas, specifying which statutes are violated; or
(3) constitutes a danger to the public health, safety,
and welfare, specifying the exact nature of the danger. For purposes
of this section, "danger" means an imminent threat or an unreasonable
risk of bodily harm, but does not mean diminished property or esthetic
values in the area.
(c) Upon review of the objection, AFS shall:
(1) request a public hearing as specified in §9.107
of this title (relating to Hearings on Stationary LP-Gas Installations);
or
(2) notify the objecting party in writing within 10
business days of receipt requesting further information for clarification
and stating why the objection is not valid. The objecting entity shall
have 10 calendar days from the postmark of AFS' letter to file its
corrected objection. Clarification of incomplete or nonsubstantive
objections shall be limited to two opportunities. If new objections
are raised in the objecting party's clarification, the new objections
shall be limited to one notice of correction.
|
| Source Note: The provisions of this §9.103 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127 |
