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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 39PUBLIC NOTICE
SUBCHAPTER HAPPLICABILITY AND GENERAL PROVISIONS
RULE §39.418Notice of Receipt of Application and Intent to Obtain Permit

(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.


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

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