Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter O - PUBLIC NOTICE FOR MARINE SEAWATER DESALINATION PROJECTS › Section 39.902 - Public Notice and Comment for Treated Marine Seawater Discharges

Current through Reg. 49, No. 28; July 12, 2024
(a) Filing the administrative record. After
				  the technical review is completed, the executive director shall file the
				  application, draft permit, technical summary, and draft notice of application
				  and preliminary decision with the chief clerk.
(b) Notice text. The notice of application
				  and preliminary decision must contain the following information:
(1) the permit number;
(2) the name, address, and telephone number
				  of the applicant;
(3) a brief
				  description of the location and nature of the proposed marine seawater
				  desalination project, including the location of each outfall and the total
				  quantity of water proposed to be discharged by the facility;
(4) a summary of the executive director's
				  preliminary decision and whether the executive director has prepared a draft
				  permit;
(5) if applicable, a
				  statement that the application is subject to the Coastal Management Program and
				  must be consistent with the Coastal Management Program goals and
				  policies;
(6) the website address
				  where the administratively and technically complete application, the draft
				  permit, and the technical summary are posted for public review;
(7) a brief description of public comment
				  procedures, including:
(A) a description of
				  the manner in which comments regarding the executive director's preliminary
				  decision may be submitted;
(B) the
				  deadline to file comments; and
(C)
				  the deadline to request a public meeting or a contested case hearing;
(8) a statement that the executive
				  director will respond to comments raising issues that are timely received and
				  are relevant, material, or otherwise significant;
(9) a brief description of procedures by
				  which the public may request a public meeting and 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 will be located
				  or there is substantial public interest in the proposed activity;
(10) a statement that there is an opportunity
				  for a contested case hearing, the procedures by which the public may request a
				  contested case hearing, and that only disputed issues of fact or mixed issues
				  of fact and law 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;
(11) a
				  statement that the executive director may issue final approval of the
				  application unless a timely contested case hearing request is filed with the
				  chief clerk after transmittal of the executive director's decision and response
				  to public comment;
(12) the name
				  and telephone number of an agency contact that interested persons may contact
				  for further information; and
(13)
				  any additional information required by the executive director.