Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter H - APPLICABILITY AND GENERAL PROVISIONS › Section 39.411 - Text of Public Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicants
				  shall use notice text provided and approved by the agency. The executive
				  director may approve changes to notice text before notice being
				  given.
(b) When Notice of Receipt
				  of Application and Intent to Obtain Permit by publication or by mail is
				  required by Subchapters H and K of this chapter (relating to Applicability and
				  General Provisions and Public Notice of Air Quality Permit Applications) for
				  air quality permit applications, those applications are subject to subsections
				  (e) - (h) of this section. When notice of receipt of application and intent to
				  obtain permit by publication or by mail is required by Subchapters H - J and L
				  of this chapter (relating to Applicability and General Provisions, Public
				  Notice of Solid Waste Applications, Public Notice of Water Quality Applications
				  and Water Quality Management Plans, and Public Notice of Injection Well and
				  Other Specific Applications), Subchapter G of this chapter (relating to Public
				  Notice for Applications for Consolidated Permits), or for Subchapter M of this
				  chapter (relating to Public Notice for Radioactive Material Licenses), the text
				  of the notice must include the following information:
(1) the name and address of the agency and
				  the telephone number of an agency contact from whom interested persons may
				  obtain further information;
(2) the
				  name, address, and telephone number of the applicant and a description of the
				  manner in which a person may contact the applicant for further
				  information;
(3) a brief
				  description of the location and nature of the proposed activity;
(4) a brief description of public comment
				  procedures, including:
(A) a statement that
				  the executive director will respond to comments raising issues that are
				  relevant and material or otherwise significant; and
(B) a statement in the notice for any permit
				  application for which there is an opportunity for a contested case hearing,
				  that only disputed factual issues that are relevant and material to the
				  commission's decision that are raised during the comment period can be
				  considered if a contested case hearing is granted;
(5) a brief description of procedures by
				  which the public may participate in the final permit decision and, if
				  applicable, how to request a public meeting, contested case hearing,
				  reconsideration of the executive director's decision, a notice and comment
				  hearing, or a statement that later notice will describe procedures for public
				  participation, printed in a font style or size that clearly provides emphasis
				  and distinguishes it from the remainder of the notice. The notice should
				  include a statement that a public meeting will be held by the executive
				  director if requested by a member of the legislature who represents the general
				  area where the facility is to be located or there is substantial public
				  interest in the proposed activity;
(6) the application or permit
				  number;
(7) if applicable, a
				  statement that the application or requested action is subject to the Coastal
				  Management Program and must be consistent with the Coastal Management Program
				  goals and policies;
(8) the
				  location, at a public place in the county in which the facility is located or
				  proposed to be located, at which a copy of the application is available for
				  review and copying;
(9) 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;
(10) for notices of municipal solid waste
				  applications, a statement that a person who may be affected by the facility or
				  proposed facility is entitled to request a contested case hearing from the
				  commission. This statement must be printed in a font style or size that clearly
				  provides emphasis and distinguishes it from the remainder of the notice;
				  and
(11) any additional information
				  required by the executive director or needed to satisfy public notice
				  requirements of any federally authorized program; or
(12) for radioactive material licenses under
				  Chapter 336 of this title (relating to Radioactive Substance Rules), if
				  applicable, a statement that a written environmental analysis on the
				  application has been prepared by the executive director, is available to the
				  public for review, and that written comments may be submitted; and
(13) for Class 3 modifications of hazardous
				  industrial solid waste permits, the statement "The permittee's compliance
				  history during the life of the permit being modified is available from the
				  agency contact person."