| (a) Applications for use of state water. If an application
for the use of state water, other than for a permit under §297.13
of this title (relating to Temporary Permit under the Texas Water
Code, §11.138) or §297.17 of this title (relating to Emergency
Authorization (Texas Water Code, §11.139)), is received containing
the information and attachments required by §281.4 of this title
(relating to Applications for Use of State Water), the executive director
or his designee shall prepare a statement of the receipt of the application
and declaration of administrative completeness. The executive director
shall forward a copy of the statement to the chief clerk, along with
a copy of the application.
(b) Applications for temporary permits to use state
water. If an application for a temporary permit, other than a provisional
temporary permit under §295.181 of this title (relating to Provisional
Disposition of Application for Temporary Permit), for the use of state
water is received containing the required information and attachments
required by §281.4 of this title, the executive director or his
designee shall prepare a statement of the receipt of the application
and declaration of administrative completeness, and shall forward
a copy of the statement to the chief clerk.
(c) Applications for provisional temporary permits
to use state water. When an application for a provisional temporary
permit for the use of state water under §295.181 of this title,
is received containing the information and attachments required by §281.4
of this title, the chief clerk shall cause notice of the receipt of
the application and declaration of administrative completeness to
be published in the Texas Register. The
chief clerk may include in the notice other information concerning
the disposition of the application.
(d) Other applications. Upon receipt of an application
described in §281.2(2) or (5) - (9) of this title (relating to
Applicability), which contains the information and attachments required
by §281.5 and §281.6 of this title (relating to Application
for Wastewater Discharge, Underground Injection, Municipal Solid Waste,
Radioactive Material, Hazardous Waste, and Industrial Solid Waste
Management Permits; and Applications for Plan Approval of Reclamation
Projects), the executive director or his designee shall assign the
application a number for identification purposes, and prepare a statement
of the receipt of the application and declaration of administrative
completeness which is suitable for publishing or mailing and shall
forward that statement to the chief clerk. Upon receipt of an application
for a new, amended, or renewed injection well permit, for a new, amended,
or renewed industrial solid waste permit, or for a new or amended
compliance plan as described in §281.2(3) and (4) of this title,
the executive director or his designee shall assign the application
a number for identification purposes and prepare a statement of the
receipt of the application which is suitable for publishing or mailing
and shall forward that statement to the chief clerk. Upon receipt
of an application for a new, amended, or renewed radioactive material
license as described in Chapter 336 of this title (relating to Radioactive
Substance Rules), the executive director or his designee shall assign
the application a number for identification purposes and prepare a
statement of the receipt of the application which is suitable for
mailing and shall forward that statement to the chief clerk prior
to the expiration of the administrative review periods established
in §281.3(d) of this title (relating to Initial Review). The
chief clerk shall notify every person entitled to notification of
a particular application under the rules of the commission.
(e) Notice requirements. The notice of receipt of the
application and declaration of administrative completeness, or for
applications for a new, amended, or renewed injection well permit,
or for a new or amended compliance plan as described in §281.2(3)
and (4) of this title, the notice of receipt of the application, shall
contain the following information:
(1) the identifying number given the application by
the executive director;
(2) the type of permit or license sought under the
application;
(3) the name and address of the applicant and, if different,
the location of the proposed facility;
(4) the date on which the application was submitted;
and
(5) a brief summary of the information included in
the application.
(f) Notice of application and draft permit. Nothing
in this section shall be construed so as to waive the requirement
of notice of the application and draft permit in accordance with Chapter
39 of this title (relating to Public Notice) for applications for
radioactive material licenses, and for wastewater discharge, underground
injection, hazardous waste, municipal solid waste, and industrial
solid waste management permits.
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| Source Note: The provisions of this §281.17 adopted to be effective May 28, 1986, 11 TexReg 2312; amended to be effective November 5, 1990, 15 TexReg 6126; amended to be effective January 7, 1993, 17 TexReg 9124; amended to be effective June 5, 1997, 22 TexReg 4581; amended to be effective December 31, 2009, 34 TexReg 9452; amended to be effective January 3, 2019, 43 TexReg 8613 |
