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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 39PUBLIC NOTICE
SUBCHAPTER LPUBLIC NOTICE OF INJECTION WELL AND OTHER SPECIFIC APPLICATIONS
RULE §39.655Aquifer Exemption

(a) Applicability. This section applies to the designation of an exempt aquifer under §331.13 of this title (relating to Exempted Aquifer).

(b) Notice of Aquifer Exemption. Notice of Aquifer Exemption shall be published once in a newspaper or newspapers in the same manner as required for the Notice of Application and Preliminary Decision for an injection well permit application associated with the proposed aquifer exemption under §39.651(d) of this title (relating to Application for Injection Well Permit). This notice must contain the text as required by §39.411(c)(1) - (6) of this title (relating to Text of Public Notice). The chief clerk shall mail this notice to the persons who would receive the Notice of Application and Preliminary Decision for an injection well permit application associated with the proposed aquifer exemption under §39.651(d) of this title. The deadline for submitting public comments or requesting a contested case hearing on an aquifer exemption is 30 days after newspaper publication.

(c) Notice of Public Meeting on Aquifer Exemption. Notice of a Public Meeting on Aquifer Exemption shall be published in a newspaper or newspapers in the same manner as required for the Notice of Public Meeting for an injection well permit application associated with the proposed aquifer exemption under §39.651(e) of this title. This notice must contain the text as required by §39.411(d) of this title. The chief clerk shall mail this notice to the persons required to receive the Notice of Public Meeting for an injection well permit application associated with the proposed aquifer exemption under §39.651(e) of this title.

(d) Notice of Contested Case Hearing on Aquifer Exemption. This section applies if an application to designate an exempt aquifer is referred to the State Office of Administrative Hearings for a contested case hearing under Chapter 80 of this title (relating to Contested Case Hearings). Notice of contested case hearing on Aquifer Exemption shall be published in a newspaper or newspapers in the same manner as required for the notice of contested case hearing for an injection well permit application associated with the proposed aquifer exemption under §39.651(f) of this title. This notice must contain the text as required by §39.423 of this title (relating to Notice of Contested Case Hearing). The chief clerk shall mail this notice to the persons required to receive the Notice of Contested Case Hearing for an injection well permit application associated with the proposed aquifer exemption under §39.651(f) of this title.

(e) Combined notice. Notice required under this section may be combined to satisfy other applicable sections of this subchapter.


Source Note: The provisions of this §39.655 adopted to be effective March 12, 2009, 34 TexReg 1619

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