2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter M. Environmental Permitting Procedures › Section 5.552. Notice of Intent to Obtain Permit

Sec. 5.552.  NOTICE OF INTENT TO OBTAIN PERMIT.  (a)  The executive director shall determine when an application is administratively complete.
(b)  Not later than the 30th day after the date the executive director determines the application to be administratively complete:
(1)  the applicant shall publish notice of intent to obtain a permit at least once in the newspaper of largest circulation in the county in which the facility to which the application relates is located or proposed to be located or, if the facility to which the application relates is located or proposed to be located in a municipality, at least once in a newspaper of general circulation in the municipality;  and
(2)  the chief clerk of the commission shall mail notice of intent to obtain a permit to:
(A)  the state senator and representative who represent the general area in which the facility is located or proposed to be located;
(B)  the mayor and health authorities of the municipality in which the facility is located or proposed to be located;
(C)  the county judge and health authorities of the county in which the facility is located or proposed to be located;  and
(D)  the river authority in which the facility is located or proposed to be located if the application is under Chapter 26, Water Code.
(c)  The commission by rule shall establish the form and content of the notice.  The notice must include:
(1)  the location and nature of the proposed activity;
(2)  the location at which a copy of the application is available for review and copying as provided by Subsection (e);
(3)  a description, including a telephone number, of the manner in which a person may contact the commission for further information;
(4)  a description, including a telephone number, of the manner in which a person may contact the applicant for further information;
(5)  a description of the procedural rights and obligations of the public, printed in a font style or size that clearly provides emphasis and distinguishes it from the remainder of the notice;
(6)  a description of the procedure by which a person may be placed on a mailing list in order to receive additional information about the application;
(7)  the time and location of any public meeting to be held under Subsection (f);  and
(8)  any other information the commission by rule requires.
(d)  In addition to providing notice under Subsection (b)(1), the applicant shall comply with any applicable public notice requirements under Chapters 26 and 27 of this code, Chapter 361, Health and Safety Code, and rules adopted under those chapters.
(e)  The applicant shall make a copy of the application available for review and copying at a public place in the county in which the facility is located or proposed to be located.
(f)  The applicant, in cooperation with the executive director, may hold a public meeting in the county in which the facility is located or proposed to be located in order to inform the public about the application and obtain public input.
Added by Acts 1999, 76th Leg., ch. 1350, Sec. 2, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 679, Sec. 1, eff. Sept. 1, 2001.