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 39.651 - Application for Injection Well Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This subchapter applies to
				  applications for injection well permits that are declared administratively
				  complete on or after September 1, 1999.
(b) Preapplication local review committee
				  process. If an applicant 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. In addition, if the proposed facility is to be
				  located in a municipality or the extraterritorial jurisdiction of a
				  municipality, a copy of the notice must be mailed to the mayor of the
				  municipality.
(c) Notice of Receipt
				  of Application and Intent to Obtain Permit.
(1) On the executive director's receipt of an
				  application, or notice of intent to file an application, the Office of the
				  Chief Clerk (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, notice
				  must 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). Notice under §
											39.418
				  of this title will satisfy the notice of receipt of application required by
				  §
											281.17(d)
				  of this title (relating to Notice of Receipt of Application and Declaration of
				  Administrative Completeness).
(3)
				  After the executive director determines that the application is
				  administratively complete, in addition to the requirements of §
											39.418
				  of this title, notice must be given to the School Land Board, if the
				  application will affect lands dedicated to the permanent school fund. The
				  notice must be in the form required by Texas Water Code, §
											5.115(c).
(4) For Notice of Receipt of Application and
				  Intent to Obtain a Permit concerning Class I or Class III underground injection
				  wells, the chief clerk shall also mail notice to:
(A) persons who own the property on which the
				  existing or proposed injection well facility is or will be located, if
				  different from the applicant;
(B)
				  landowners adjacent to the property on which the existing or proposed injection
				  well facility is or will be located;
(C) persons who own mineral rights underlying
				  the existing or proposed injection well facility;
(D) persons who own mineral rights underlying
				  the tracts of land adjacent to the property on which the existing or proposed
				  injection well facility is or will be located; and
(E) any groundwater conservation district
				  established in the county in which the existing or proposed injection well
				  facility is or will be located.
(5) The chief clerk or executive director
				  shall also mail a copy of the application or a 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.
(6) For Class I
				  underground injection wells, the published notice must be at least 15 square
				  inches (96.8 square centimeters) with a shortest dimension of at least three
				  inches (7.6 centimeters) and the notice must appear in the section of the
				  newspaper containing state or local news items.