Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter D - PUBLIC ANNOUNCEMENT, PUBLIC NOTICE, AFFECTED STATE REVIEW, NOTICE AND COMMENT HEARING, NOTICE OF PROPOSED FINAL ACTION, EPA REVIEW, AND PUBLIC PETITION › Section 122.322 - Bilingual Public Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  requirements of this subsection are applicable when either the elementary
				  school or the middle school located nearest to the facility or proposed
				  facility provides a bilingual education program as required by Education Code,
				  Chapter 29, Subchapter B, and 19 Texas Administrative Code (TAC)
				  §89.1205(a) (relating to Required Bilingual Education and English as a
				  Second Language Programs), or if either school has waived out of such a
				  required bilingual education program under the provisions of 19 TAC §
										89.1205(g).
				  Schools not governed by the provisions of 19 TAC §
										89.1205shall
				  not be considered in determining applicability of the requirements of this
				  section. Each affected facility shall meet the following requirements.
(1) At the applicant's expense, an additional
				  notice shall be published at least once in each alternate language in which the
				  bilingual education program is taught. If the nearest elementary or middle
				  school has waived out of the requirements of 19 TAC §
											89.1205(a)
				  under 19 TAC §
											89.1205(g),
				  the notice shall be published in the alternate languages in which the bilingual
				  education program would have been taught had the school not waived out of the
				  bilingual education program.
(2)
				  Each notice under this section shall be published in a newspaper or publication
				  that is published in the alternate language in which public notice is
				  required.
(3) The newspaper or
				  publication must be of general circulation in the municipality or county in
				  which the facility is located or proposed to be located.
(4) The requirements of this section are
				  waived for each language in which no publication exists, or if the publishers
				  of all alternate language publications refuse to publish the notice.
(5) Notice under this subsection shall only
				  be required to be published within the United States.
(6) If the alternate language publication is
				  published less frequently than once a month, this notice requirement may be
				  waived by the executive director on a case-by-case basis.
(7) Each alternate language publication shall
				  follow the requirements of §
											122.320(g)
				  of this title (relating to Public Notice) not otherwise inconsistent with this
				  subsection.
(8) At the applicant's
				  expense, an additional sign shall be posted in each alternate language in which
				  the bilingual education program is taught. If the nearest elementary or middle
				  school has waived out of the requirements of 19 TAC §
											89.1205(a)
				  under 19 TAC §
											89.1205(g),
				  the alternate language signs shall be posted in the alternate languages in
				  which the bilingual education program would have been taught had the school not
				  waived out of the bilingual education program.
(9) The alternate language signs shall be
				  posted adjacent to each English language sign required in public
				  notice.
(10) The alternate language
				  signs shall meet all other requirements of §
											122.320(g)
				  of this title.