(a) When the executive director determines that an
application is administratively complete, the Office of the Chief
Clerk (chief clerk) shall mail this determination concurrently with
the Notice of Receipt of Application and Intent to Obtain Permit to
the applicant.
(b) Not later than 30 days after the executive director
declares an application administratively complete:
(1) the applicant, other than applicants for air quality
permits, shall publish Notice of Receipt of Application and Intent
to Obtain Permit once under §39.405(f)(1) of this title (relating
to General Notice Provisions) and, for solid waste applications and
injection well applications, also under §39.405(f)(2) of this
title. The applicant shall also publish the notice under §39.426
of this title (relating to Alternative Language Requirements), if
applicable;
(2) the chief clerk shall mail Notice of Receipt of
Application and Intent to Obtain Permit to those listed in §39.413
of this title (relating to Mailed Notice), and to:
(A) the state senator and representative who represent
the general area in which the facility is located or proposed to be
located; and
(B) the river authority in which the facility is located
or proposed to be located if the application is under Texas Water
Code, Chapter 26; and
(3) the notice must include the applicable information
required by §39.411(b) of this title (relating to Text of Public
Notice).
(c) For air quality permit applications, except applications
for plant-wide applicability limit permits under Chapter 116, Subchapter
C of this title (relating to Plant-Wide Applicability Limits), the
applicant shall provide notice as specified in Subchapter K of this
chapter (relating to Public Notice of Air Quality Permit Applications).
Specifically, publication in the newspaper must follow the requirements
under §39.603 of this title (relating to Newspaper Notice), sign
posting must follow the requirements under §39.604 of this title
(relating to Sign-Posting), and the chief clerk shall mail notice
according to §39.602 of this title (relating to Mailed Notice).
The applicant shall also follow the requirements, as applicable, under §39.426
of this title.
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Source Note: The provisions of this §39.418 adopted to be effective September 23, 1999, 24 TexReg 8190; amended to be effective November 30, 2005, 30 TexReg 7877; amended to be effective June 24, 2010, 35 TexReg 5198; amended to be effective September 16, 2021, 46 TexReg 5784 |