reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter X - FINANCIAL ASSURANCE REQUIREMENTS FOR BRINE EVAPORATION PITS › Section 37.9255 - Submission of Documents

Current through Reg. 49, No. 28; July 12, 2024
An owner or operator required by this subchapter to provide
					 financial assurance must submit an originally signed financial assurance
					 mechanism for closure, post closure and third party pollution liability
					 coverage.
(1) For new facilities,
				  owners or operators shall submit the originally signed financial assurance
				  mechanism:
(A) prior to permit issuance;
				  or
(B) as otherwise approved in
				  writing by the executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter X - FINANCIAL ASSURANCE REQUIREMENTS FOR BRINE EVAPORATION PITS › Section 37.9260 - Financial Assurance Requirements for Closure and Post Closure of Brine Evaporation Pits

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or
				  operator of a brine evaporation pit subject to this subchapter shall establish
				  financial assurance for the closure and post closure of the facility that meets
				  the requirements of this section, in addition to the requirements specified
				  under Subchapters A - D of this chapter (relating to General Financial
				  Assurance Requirements; Financial Assurance Requirements for Closure, Post
				  Closure, and Corrective Action; Financial Assurance Mechanisms for Closure,
				  Post Closure, and Corrective Action; and Wording of the Mechanisms for Closure,
				  Post Closure, and Corrective Action) except §
										37.31 of
				  this title (relating to Submission of Documents) is not applicable.
(b) An owner or operator subject to this
				  subchapter may use any of the financial assurance mechanisms as specified in
				  Subchapter C of this chapter to demonstrate financial assurance for closure
				  except a pay-in trust fund may not be used.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 37 - FINANCIAL ASSURANCE › Subchapter X - FINANCIAL ASSURANCE REQUIREMENTS FOR BRINE EVAPORATION PITS › Section 37.9265 - Third Party Pollution Liability Requirements for Brine Evaporation Pits

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or operator subject to this
				  subchapter shall establish and maintain financial assurance for third party
				  pollution liability insurance covering bodily injury and property damage to
				  third parties caused by accidental sudden or nonsudden occurrences arising from
				  facility operations that:
(1) is issued by an
				  insurance company authorized to do business in the state of Texas that has a
				  rating by the A.M. Best Company of "A-" or better;
(2) is in an amount not less than $3 million;
				  and
(3) is evidenced by either an
				  originally signed certificate of insurance worded identically to the wording
				  specified in §
											37.631
				  of this title (relating to Certificate of Insurance for Liability) or an
				  endorsement worded identically to the wording specified in §
											37.641
				  of this title (relating to Endorsement for Liability).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter G - PUBLIC NOTICE FOR APPLICATIONS FOR CONSOLIDATED PERMITS › Section 39.351 - Public Notice for Applications for Consolidated Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section applies to
				  applications for consolidated permits, which combine authorizations under two
				  or more program areas.
(b) Combined
				  public notices shall be given for applications consolidated under Texas Water
				  Code, Chapter 5, Subchapter J, and Chapter 33 of this title (relating to
				  Consolidated Permit Processing) only when:
(1) combined notice is requested by the
				  applicant; and
(2) combined notice
				  satisfies all statutory and regulatory requirements that would apply if each
				  application had been processed separately, including, without limitation, all
				  requirements for notice content, publication, mailing, broadcasting, and the
				  posting of signs.
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 39.401 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Subchapters H-M 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, Public
					 Notice of Air Quality Applications, Public Notice of Injection Well and Other
					 Specific Applications, and Public Notice for Radioactive Material Licenses)
					 specify notice requirements for applications and certain other actions
					 described in these subchapters such as notices for public meetings, contested
					 case hearings on permit applications and enforcement cases, comment hearings,
					 and Water Quality Management Plan (WQMP) updates.
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 39.403 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Permit applications that are declared
				  administratively complete on or after September 1, 1999 are subject to
				  Subchapters H - J, L, and M 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; Public Notice of
				  Injection Well and Other Specific Applications; and Public Notice for
				  Radioactive Material Licenses). All consolidated permit applications are
				  subject to Subchapter G of this chapter (relating to Public Notice for
				  Applications for Consolidated Permits).
(1)
				  Explanation of applicability. Subsection (b) of this section lists all the
				  types of applications to which Subchapters H - J, L, and M of this chapter
				  apply. Subsection (c) of this section lists certain types of applications that
				  would be included in the applications listed in subsection (b) of this section,
				  but that are specifically excluded. Subsection (d) of this section specifies
				  that only certain sections apply to applications for radioactive materials
				  licenses. Subsection (e) of this section lists the types of applications for
				  which public notice is not required.
(2) Explanation of organization. Subchapter H
				  of this chapter contains general provisions that may apply to all applications
				  under Subchapters H - M of this chapter. Additionally, in Subchapters I - M of
				  this chapter, there is a specific subchapter for each type of application.
				  Those subchapters contain additional requirements for each type of application,
				  as well as indicating which parts of Subchapter H of this chapter must be
				  followed.
(3) Types of
				  applications. Unless otherwise provided in Subchapters G - M of this chapter,
				  public notice requirements apply to applications for new permits and
				  applications to amend, modify, or renew permits.
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 39.405 - General Notice Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Failure to publish notice. If the Office of the Chief Clerk (chief clerk)
				  prepares a newspaper notice that is required by Subchapters G - J, L, and M of
				  this chapter (relating to Public Notice for Applications for Consolidated
				  Permits; Applicability and General Provisions; Public Notice of Solid Waste
				  Applications; Public Notice of Water Quality Applications and Water Quality
				  Management Plans; Public Notice of Injection Well and Other Specific
				  Applications; and Public Notice for Radioactive Material Licenses) and the
				  applicant does not cause the notice to be published within 45 days of mailing
				  of the notice from the chief clerk, or for Notice of Receipt of Application and
				  Intent to Obtain Permit, within 30 days after the executive director declares
				  the application administratively complete, or fails to submit the copies of
				  notices or affidavit required in subsection (e) of this section, the executive
				  director may cause one of the following actions to occur.
(1) The chief clerk may cause the notice to
				  be published and the applicant shall reimburse the agency for the cost of
				  publication.
(2) The executive
				  director may suspend further processing or return the application. If the
				  application is resubmitted within six months of the date of the return of the
				  application, it will be exempt from any application fee requirements.
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 39.407 - Mailing Lists

Current through Reg. 49, No. 28; July 12, 2024
The chief clerk shall maintain mailing lists of persons
					 requesting notice of an application. Persons, including participants in past
					 agency permit proceedings, may request in writing to be on a mailing list. The
					 chief clerk may from time to time request confirmation that persons on a list
					 wish to remain on the list, and may delete from the list the name of any person
					 who fails to respond to such request.
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 39.409 - Deadline for Public Comment, and for Requests for Reconsideration, Contested Case Hearing, or Notice and Comment Hearing

Current through Reg. 49, No. 28; July 12, 2024
Notice given under this chapter will specify any applicable
					 deadline to file public comment specified under §
										55.152 of
					 this title (relating to Public Comment Period) and, if applicable, any
					 deadlines to file requests for reconsideration, contested case hearing, or
					 notice and comment hearing. After the deadline, final action on an application
					 may be taken under Chapter 50 of this title (relating to Action on Applications
					 and Other Authorizations).
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 39.413 - Mailed Notice

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise specified in Subchapters I-M of this
					 chapter (relating to Public Notice of Solid Waste Applications, Public Notice
					 of Water Quality Applications and Water Quality Management Plans, Public Notice
					 of Air Quality Applications, Public Notice of Injection Well and Other Specific
					 Applications, and Public Notice for Radioactive Material Licenses), when this
					 chapter requires mailed notice, the chief clerk shall mail notice to:
(1) the landowners named on the application
				  map or supplemental map, or the sheet attached to the application map or
				  supplemental map;
(2) the mayor and
				  health authorities of the city or town in which the facility is or will be
				  located or in which waste is or will be disposed of;
(3) The county judge and health authorities
				  of the county in which the facility is or will be located or in which waste is
				  or will be disposed of;
(4) the
				  Texas Department of Health;
(5) the
				  Texas Parks and Wildlife Department;
(6) the Texas Railroad Commission;
(7) if applicable, local, state and federal
				  agencies for which notice is required in 40 Code of Federal Regulations (CFR),
				  §124.10(c), as amended and adopted in the CFR through May 2, 1989 at 54
				  FedReg 18786;
(8) if applicable,
				  persons on a mailing list developed and maintained in accordance with
				  40 CFR
				  §124.10(c)(1)(ix);
(9) the applicant;
(10) if the application concerns an injection
				  well, the Water Well Drillers Advisory Council;
(11) persons on a relevant mailing list kept
				  under §
										39.407
				  of this title (relating to Mailing Lists);
(12) any other person the executive director
				  or chief clerk may elect to include;
(13) if applicable, the secretary of the
				  Coastal Coordination Council; and
(14) persons who filed public comment or
				  hearing requests on or before the deadline for filing public comment or hearing
				  requests.
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 39.418 - Notice of Receipt of Application and Intent to Obtain Permit

Current through Reg. 49, No. 28; July 12, 2024
(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).
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 39.420 - Transmittal of the Executive Director's Response to Comments and Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) Except for air quality permit
				  applications, when required by and subject to §
										55.156
				  of this title (relating to Public Comment Processing), after the close of the
				  comment period, the chief clerk shall transmit to the people listed in
				  subsection (b) of this section the following information:
(1) the executive director's
				  decision;
(2) the executive
				  director's response to public comments;
(3) instructions for requesting that the
				  commission reconsider the executive director's decision; and
(4) instructions for requesting a contested
				  case hearing.
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 39.421 - Notice of Commission Meeting to Evaluate a Request for Reconsideration or Hearing on an Application

Current through Reg. 49, No. 28; July 12, 2024
If, under Chapter 55 of this title (relating to Requests
					 for Reconsideration and Contested Case Hearings; Public Comment), a request for
					 reconsideration or hearing on an application is set for consideration during a
					 commission meeting, the chief clerk shall mail notice to the applicant,
					 executive director, public interest counsel, all persons who commented (or a
					 representative of a group or association), and the persons making the request,
					 no later than 30 days before the first meeting at which the commission
					 considers the request.
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 39.423 - Notice of Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The Office of the Chief Clerk (chief
				  clerk) shall mail notice of a contested case hearing to the applicant,
				  executive director, and public interest counsel. The chief clerk shall also
				  mail notice to persons who filed public comment, or requests for
				  reconsideration or contested case hearing. The notice shall be mailed to the
				  parties no less than 13 days before the hearing. The chief clerk may combine
				  the mailed notice required by this section with other mailed notice of hearing
				  required by this chapter. If the commission refers an application to the State
				  Office of Administrative Hearings on the sole question of whether the requestor
				  is an affected person, the notice in this subsection shall be the only notice
				  required. The requirements of § 39.426 of this title (relating to
				  Alternative Language Requirements) shall be met, as applicable.
(b) For specific types of applications,
				  additional requirements for notice of hearing are in Subchapters H - M 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, Public Notice of Air Quality Applications, Public
				  Notice of Injection Well and Other Specific Applications, and Public Notice for
				  Radioactive Material Licenses).
(c)
				  After an initial preliminary hearing, the judge shall give reasonable notice of
				  subsequent prehearing conferences or the evidentiary hearing by making a
				  statement on the record in a prehearing conference or by written notice to the
				  parties.
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 39.425 - Notice of Contested Enforcement Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
For any contested enforcement case hearing, the chief clerk
					 shall mail notice to the statutory parties, respondents, and persons who have
					 requested to be on a mailing list for the pleadings in the formal enforcement
					 action no less than 13 days before a hearing in accordance with the APA,
					 §2001.052. In addition, public notice and opportunity for comment before
					 the commission regarding a proposed enforcement action shall be given under
					 Chapter 10 of this title (relating to Commission Meetings).
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 39.426 - Alternative Language Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability.
(1) The following are subject
				  to this section:
(A) air quality permit
				  applications; and
(B) permit
				  applications other than air quality permit applications that are required to
				  comply with §
												39.418
				  or §
												39.419
				  of this title (relating to Notice of Receipt of Application and Intent to
				  Obtain Permit; and Notice of Application and Preliminary Decision) that are
				  filed on or after November 30, 2005.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter I - PUBLIC NOTICE OF SOLID WASTE APPLICATIONS › Section 39.501 - Application for Municipal Solid Waste Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section applies to
				  applications for municipal solid waste permits that are declared
				  administratively complete on or after September 1, 1999.
(b) Preapplication local review committee
				  process. If an applicant for a municipal solid waste permit decides to
				  participate in a local review committee process under Texas Health and Safety
				  Code, §
										361.063, the
				  applicant shall submit to the executive director a notice of intent to file an
				  application, setting forth the proposed location and type of facility. The
				  executive director shall mail notice to the county judge of the county in which
				  the facility is to be located. If the proposed facility is to be located in a
				  municipality or the extraterritorial jurisdiction of a municipality, a copy of
				  the notice must also be mailed to the mayor of the municipality. The executive
				  director shall also mail notice to the appropriate regional solid waste
				  planning agency or council of government. The mailing must be by certified
				  mail.
(c) Notice of Receipt of
				  Application and Intent to Obtain a Permit.
(1) Upon the executive director's receipt of
				  an application, or notice of intent to file an application, the chief clerk
				  shall mail notice to the state senator and representative who represent the
				  area in which the facility is or will be located.
(2) After the executive director determines
				  that the application is administratively complete:
(A) notice must be given as required by
				  §
												39.418
				  of this title (relating to Notice of Receipt of Application and Intent to
				  Obtain Permit) and, if a newspaper is not published in the county, then the
				  applicant shall publish notice in a newspaper of circulation in the immediate
				  vicinity in which the facility is located or proposed to be located. This
				  notice must contain the text as required by §39.411(b)(1) - (11) of this
				  title (relating to Text of Public Notice);
(B) the chief clerk shall publish Notice of
				  Receipt of Application and Intent to Obtain Permit in the Texas Register;
				  []and
(C) the executive director or
				  chief clerk shall mail the Notice of Receipt of Application and Intent to
				  Obtain Permit, along with a copy of the application or summary of its contents
				  to the mayor and health authority of a municipality in whose territorial limits
				  or extraterritorial jurisdiction the solid waste facility is located, and to
				  the county judge and the health authority of the county in which the facility
				  is located.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter I - PUBLIC NOTICE OF SOLID WASTE APPLICATIONS › Section 39.503 - Application for Industrial or Hazardous Waste Facility Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section applies to
				  applications for industrial or hazardous waste facility permits that are
				  declared administratively complete on or after September 1, 1999.
(b) Preapplication requirements.
(1) If an applicant for an industrial or
				  hazardous waste facility permit decides to participate in a local review
				  committee process under Texas Health and Safety Code, §
											361.063,
				  the applicant shall submit a notice of intent to file an application to the
				  executive director, setting forth the proposed location and type of facility.
				  The applicant shall mail notice to the county judge of the county in which the
				  facility is to be located. If the proposed facility is to be located in a
				  municipality or the extraterritorial jurisdiction of a municipality, a copy of
				  the notice must also be mailed to the mayor of the municipality. Mailed notice
				  must be by certified mail. When the applicant submits the notice of intent to
				  the executive director, the applicant shall publish notice of the submission in
				  a paper of general circulation in the county in which the facility is to be
				  located.
(2) The requirements of
				  this paragraph are set forth in 40 Code of Federal Regulations (CFR)
				  §124.31(b) - (d), which is adopted by reference as amended and adopted in
				  the CFR through December 11, 1995 (60 FR 63417), and apply to all hazardous
				  waste part B applications for initial permits for hazardous waste management
				  units, hazardous waste part B permit applications for major amendments, and
				  hazardous waste part B applications for renewal of permits, where the renewal
				  application is proposing a significant change in facility operations. For the
				  purposes of this paragraph, a "significant change" is any change that would
				  qualify as a Class 3 permit modification under §
											305.69
				  of this title (relating to Solid Waste Permit Modification at the Request of
				  the Permittee). The requirements of this paragraph do not apply to an
				  application for minor amendment under §
											305.62 of
				  this title (relating to Amendments), correction under §
											50.145 of
				  this title (relating to Corrections to Permits), or modification under §
											305.69
				  of this title, or to an application that is submitted for the sole purpose of
				  conducting post-closure activities or post-closure activities and corrective
				  action at a facility, unless the application is also for an initial permit for
				  hazardous waste management unit(s), or the application is also for renewal of
				  the permit, where the renewal application is proposing a significant change in
				  facility operations.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter I - PUBLIC NOTICE OF SOLID WASTE APPLICATIONS › Section 39.509 - Application for a Class 3 Modification of an Industrial or Hazardous Waste Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  This section applies to applications for Class 3 modification of industrial or
				  hazardous waste permits that are declared administratively complete on or after
				  September 1, 1999.
(b) Notice shall
				  be given under §39.418 of the this title (relating to Notice of Receipt of
				  Application and Intent to Obtain Permit), instead of giving notice under §
										305.69(d)(2)
				  of this title (relating to Solid Waste Permit Modification at the Request of
				  the Permittee). Notice shall also be given under §39.419 of the title
				  (relating to Notice of Application and Preliminary Decision).
(c) Notice of the public meeting required by
				  §305.69(d)(4) shall be included with the Notice of Receipt of Application
				  and Intent to Obtain Permit under §39.418.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter J - PUBLIC NOTICE OF WATER QUALITY APPLICATIONS AND WATER QUALITY MANAGEMENT PLANS › Section 39.551 - Application for Wastewater Discharge Permit, Including Application for the Disposal of Sewage Sludge or Water Treatment Sludge

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section applies to
				  applications for wastewater discharge permits, including disposal of sewage
				  sludge or water treatment sludge applications that are declared
				  administratively complete on or after September 1, 1999. This subchapter does
				  not apply to registrations and notifications for sludge disposal under §
										312.13 of this
				  title (relating to Actions and Notice).
(b) Notice of receipt of application and
				  intent to obtain permit.
(1) Notice under
				  §
											39.418
				  of this title (relating to Notice of Receipt of Application and Intent to
				  Obtain Permit) is required to be published no later than 30 days after the
				  executive director deems an application administratively complete. This notice
				  must contain the text as required by §39.411(b)(1) - (9) and (11) of this
				  title (relating to Text of Public Notice). In addition to the requirements of
				  §
											39.418
				  of this title, the chief clerk shall mail notice to the School Land Board if
				  the application will affect lands dedicated to the permanent school fund. The
				  notice shall be in the form required by Texas Water Code, §
											5.115(c).
(2) Mailed notice to adjacent or downstream
				  landowners is not required for:
(A) an
				  application to renew a permit;
(B)
				  an application for a new Texas Pollutant Discharge Elimination System (TPDES)
				  permit for a discharge authorized by an existing state permit issued before
				  September 14, 1998 for which the application does not propose any term or
				  condition that would constitute a major amendment to the state permit under
				  §
												305.62 of
				  this title (relating to Amendments); or
(C) an application for a new permit or major
				  amendment to a TPDES permit that authorizes the discharges from a municipal
				  separate storm sewer system.
(3) For permits listed in paragraph (2)(C) of
				  this subsection, the executive director will require the applicant to post a
				  copy of the notice of receipt of application and intent to obtain a permit. The
				  notice must be posted within 30 days of the application being declared
				  administratively complete and remain posted until the commission has taken
				  final action on the application. The notice must be posted at a place
				  convenient and readily accessible to the public in the administrative offices
				  of the political subdivision in the county in which the MS4 or discharge is
				  located.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter J - PUBLIC NOTICE OF WATER QUALITY APPLICATIONS AND WATER QUALITY MANAGEMENT PLANS › Section 39.553 - Water Quality Management Plan Updates

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section applies to
				  Water Quality Management Plan (WQMP) Updates.
(b) Notice of WQMP updates.
(1) The chief clerk shall publish notice of
				  the WQMP update in the Texas Register.
(2) The chief clerk shall mail the notice of
				  the WQMP update to persons known to the commission to be interested in the WQMP
				  update, and to persons requesting notices of the WQMP identified on mailing
				  lists maintained by the chief clerk, in accordance with §
											39.407
				  of this title (relating to Mailing Lists).
(3) Section
				  39.411 of
				  this title (relating to Text of Public Notice) does not apply to WQMP updates.
				  However, the notice of the WQMP update shall:
(A) include the name and address of the
				  agency;
(B) provide an opportunity
				  to submit written comments on the proposed WQMP update;
(C) describe the public comment procedures
				  and the time and place of any public meeting; and
(D) include the name, address, and telephone
				  number of an agency contact person from whom interested persons may obtain
				  information.
(4) The
				  notice shall provide at least a 30-day public comment period.
(5) Any public meeting shall be held and
				  conducted in accordance with the requirements and procedures of §
											55.156
				  of this title (relating to Public Comment Processing).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter K - PUBLIC NOTICE OF AIR QUALITY PERMIT APPLICATIONS › Section 39.601 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
Air quality permit applications or registrations that are
					 declared administratively complete by the executive director on or after
					 September 1, 1999 are subject to this subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter K - PUBLIC NOTICE OF AIR QUALITY PERMIT APPLICATIONS › Section 39.602 - Mailed Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) When this
				  chapter requires notice for air quality permit applications, the Office of the
				  Chief Clerk (chief clerk) shall mail notice to:
(1) the applicant;
(2) persons on a relevant mailing list kept
				  under §
											39.407
				  of this title (relating to Mailing Lists);
(3) persons who filed public comment or
				  hearing requests on or before the deadline for filing public comment or hearing
				  requests; and
(4) any other person
				  the executive director or chief clerk may elect to include.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter K - PUBLIC NOTICE OF AIR QUALITY PERMIT APPLICATIONS › Section 39.604 - Sign-Posting

Current through Reg. 49, No. 28; July 12, 2024
(a) At the applicant's expense, a sign or
				  signs must be placed at the site of the existing or proposed facility declaring
				  the filing of an application for a permit and stating the manner in which the
				  commission may be contacted for further information. Such signs must be
				  provided by the applicant and must substantially meet the following
				  requirements:
(1) Signs must consist of dark
				  lettering on a white background and must be no smaller than 18 inches by 28
				  inches and all lettering must be no less than 1-1/2 inches in size and block
				  printed capital lettering;
(2)
				  Signs must be headed by the words listed in the following subparagraph:
(A) "PROPOSED AIR QUALITY PERMIT" for new
				  permits and permit amendments; or
(B) "PROPOSED RENEWAL OF AIR QUALITY PERMIT"
				  for permit renewals.
(3)
				  Signs must include the words "APPLICATION NO." and the number of the permit
				  application. More than one application number may be included on the signs if
				  the respective public comment periods coincide;
(4) Signs must include the words "for further
				  information contact";
(5) Signs
				  must include the words "Texas Commission on Environmental Quality" and the
				  address of the appropriate commission regional office;
(6) Signs must include the telephone number
				  of the appropriate commission office;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter K - PUBLIC NOTICE OF AIR QUALITY PERMIT APPLICATIONS › Section 39.605 - Notice to Affected Agencies

Current through Reg. 49, No. 28; July 12, 2024
In addition to the requirements in §
										39.405(f)(3)
					 of this title (relating to General Notice Provisions):
(1) when newspaper notices are published
				  under this section, the applicant shall furnish a copy of the notices and
				  affidavit to:
(A) the EPA regional
				  administrator in Dallas;
(B) all
				  local air pollution control agencies with jurisdiction in the county in which
				  the construction is to occur;
(C)
				  the air pollution control agency of any nearby state in which air quality may
				  be adversely affected by the emissions from the new or modified facility;
				  and
(D) if notice is for an
				  application filed on or after the effective date of this section for a
				  Prevention of Significant Deterioration or Nonattainment permit under Chapter
				  116, Subchapter B of this title (relating to New Source Review Permits), the
				  chief executives of the city and county where the source would be located, and
				  any State or Federal Land Manager, or Indian Governing Body whose lands may be
				  affected by emissions from the source or modification;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter L - PUBLIC NOTICE OF INJECTION WELL AND OTHER SPECIFIC APPLICATIONS › Section 39.653 - Application for Production Area Authorization

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section applies to an
				  application for a production area authorization under Chapter 331 of this title
				  (relating to Underground Injection Control).
(b) Notice of Receipt of Application and
				  Intent to Obtain Permit. After the executive director determines that the
				  application is administratively complete, notice shall be given as required by
				  §
										39.418
				  of this title (relating to Notice of Receipt of Application and Intent to
				  Obtain Permit). This notice must contain the text as required by
				  §39.411(b)(1) - (9) and (11) of this title (relating to Text of Public
				  Notice). The chief clerk shall also mail notice to:
(1) persons who own the property on which the
				  existing or proposed production area is or will be located, if different from
				  the applicant;
(2) landowners
				  adjacent to the property on which the existing or proposed production area is
				  or will be located;
(3) persons who
				  own mineral rights underlying the existing or proposed production
				  area;
(4) persons who own mineral
				  rights underlying the tracts of land adjacent to the property on which the
				  existing or proposed production area is or will be located; and
(5) any groundwater conservation district
				  established in the county in which the existing or proposed production area is
				  or will be located.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter M - PUBLIC NOTICE FOR RADIOACTIVE MATERIAL LICENSES › Section 39.701 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
Any license application under Chapter 336 of this title
					 (relating to Radioactive Substance Rules) is subject to this subchapter and
					 applicable requirements under Subchapter H of this chapter (relating to
					 Applicability and General Provisions).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter M - PUBLIC NOTICE FOR RADIOACTIVE MATERIAL LICENSES › Section 39.702 - Notice of Declaration of Administrative Completeness

Current through Reg. 49, No. 28; July 12, 2024
When an application for a license, major amendment, or
					 renewal of a license under Chapter 336 of this title (relating to Radioactive
					 Substance Rules) has been declared administratively complete, the chief clerk
					 shall mail notice under this subchapter. The applicant shall publish the notice
					 of declaration of administrative completeness as provided in §
										39.707 of this
					 title (relating to Published Notice).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter M - PUBLIC NOTICE FOR RADIOACTIVE MATERIAL LICENSES › Section 39.703 - Notice of Completion of Technical Review

Current through Reg. 49, No. 28; July 12, 2024
(a) When the executive director has completed
				  the technical review of an application for a license, major amendment, or
				  renewal of a license issued under Chapter 336 of this title (relating to
				  Radioactive Substance Rules), notice must be mailed by the Office of the Chief
				  Clerk and published under this subchapter. The deadline to file public comment,
				  protests, or hearing requests is 30 days after publication.
(b) For application for a minor amendment to
				  a license issued under Chapter 336 of this title notice must be mailed by the
				  Office of the Chief Clerk under this subchapter. The deadline to file public
				  comment is ten days after mailing, or ten days after publication in the
Texas Register
for minor amendments to a license issued under
				  Chapter 336, Subchapter H or M of this title (relating to Licensing
				  Requirements for Near-Surface Land Disposal of Low-Level Radioactive Waste;
				  Licensing of Radioactive Substances Processing and Storage Facilities,
				  respectively).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter M - PUBLIC NOTICE FOR RADIOACTIVE MATERIAL LICENSES › Section 39.705 - Mailed Notice for Radioactive Material Licenses

Current through Reg. 49, No. 28; July 12, 2024
When notice by mail is required under this subchapter, the
					 chief clerk shall mail notice under only §39.413(2), (3), (8), (9), and
					 (12) of this title (relating to Mailed Notice), and to each owner of property
					 adjacent to the proposed site. For purposes of determining the ownership of
					 property adjacent to the proposed site under this subchapter, the applicant
					 shall provide the chief clerk with the names of the landowners from the county
					 tax rolls that are available no more than 30 days before the date of newspaper
					 publication of the notice.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter M - PUBLIC NOTICE FOR RADIOACTIVE MATERIAL LICENSES › Section 39.707 - Published Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				  applications under Chapter 336, Subchapter F of this title (relating to
				  Licensing of Alternative Methods of Disposal of Radioactive Material),
				  Subchapter G of this title (relating to Decommissioning Standards), Subchapter
				  K of this title (relating to Commercial Disposal of Naturally Occurring
				  Radioactive Material Waste From Public Water Systems), Subchapter L of this
				  title (relating to Licensing of Source Material Recovery and By-Product
				  Material Disposal Facilities), or Subchapter M of this title (relating to
				  Licensing of Radioactive Substances Processing and Storage Facilities), when
				  notice is required to be published under this subchapter, the applicant shall
				  publish notice at least once in a newspaper of largest general circulation in
				  the county in which the facility is located.
(b) For applications for a new license,
				  renewal license, or major amendment to a license issued under Chapter 336,
				  Subchapter H of this title (relating to Licensing Requirements for Near-Surface
				  Land Disposal of Low-Level Radioactive Waste), on completion of technical
				  review and preparation of the draft license, the commission shall publish, at
				  the applicant's expense, notice of the draft license and specify the
				  requirements for requesting a contested case hearing by a person affected. The
				  notice must include a statement that the draft license is available for review
				  on the commission's Web site and that the draft license and application
				  materials are available for review at the offices of the commission and in a
				  public place in the county or counties in which the proposed disposal facility
				  site is located. Notice must be published in a newspaper of general circulation
				  in each county in which the proposed disposal facility site is
				  located.
(c) In addition to
				  published notice requirements in subsection (b) of this section, for an initial
				  notice of draft license and opportunity to comment and for any subsequent
				  license amendment of a license under Chapter 336, Subchapter H of this title or
				  Subchapter M of this title, the chief clerk shall publish notice once in the
Texas Register.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter M - PUBLIC NOTICE FOR RADIOACTIVE MATERIAL LICENSES › Section 39.709 - Notice of Contested Case Hearing on Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The requirements of this section apply
				  when an application 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).
(b) For
				  applications under Chapter 336, Subchapter F of this title (relating to
				  Licensing of Alternative Methods of Disposal of Radioactive Material),
				  Subchapter G of this title (relating to Decommissioning Standards), Subchapter
				  K of this title (relating to Commercial Disposal of Naturally Occurring
				  Radioactive Material Waste From Public Water Systems), or Subchapter L of this
				  title (relating to Licensing of Source Material Recovery and By-product
				  Material Disposal Facilities), notice must be mailed no later than 30 days
				  before the hearing. For applications under Chapter 336, Subchapter H of this
				  title (relating to Licensing Requirements for Near-Surface Land Disposal of
				  Low-Level Radioactive Waste) or Subchapter M of this title (relating to
				  Licensing of Radioactive Substances Processing and Storage Facilities), notice
				  must be mailed no later than 31 days before the hearing.
(c) When notice is required under this
				  section, the text of the notice must include the applicable information
				  specified in §
										39.411(b)(12) and
				  (d) of this title (relating to Text of Public
				  Notice).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter M - PUBLIC NOTICE FOR RADIOACTIVE MATERIAL LICENSES › Section 39.711 - Proof and Certification of Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice shall be mailed by certified mail,
				  return receipt requested. Proof of mailing to the proper address on the return
				  receipt shall be accepted as conclusive evidence of the fact of the
				  mailing.
(b) The applicant shall
				  file proof of publication with the chief clerk within 30 days after
				  publication. Filing an affidavit executed by the publisher accompanied by a
				  printed copy of the notice as published creates a rebuttable presumption of
				  compliance with the requirement to publish notice.
(c) The applicant shall file proof of posting
				  with the chief clerk within 30 days of posting. Proof of posting may be made by
				  the return affidavit of the sheriff or constable, or, by the affidavit of a
				  credible person made on a copy of the posted notice showing the fact of the
				  posting.