Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986 Page: 1,199
1163-1244 p. ; 28 cm.View a full description of this periodical.
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ditional information, and such other infor-
mation the commission deems necessary.
The notice shall state whether a draft per-
mit has been prepared by the executive di-
rector.
305.102. Notice by Publication.
(a) If notice by publication is required,
the applicant shall cause the notice approved
by the commission to be published in a news-
paper regularly published, and generally cir-
culated within the county wherein the pro-
posed facility or discharge is to be located,
and within each county wherein persons re-
side who would be affected by the facility
or proposed discharge. For applications for
solid waste permits, notice shall be published
in each county which is adjacent or contig-
uous to each county wherein the proposed
facility or discharge is to be located.
(b) The date of publication for a no-
tice of application shall be as set forth in this
subchapter for each type of action.
(c) The date of publication for a no-
tice of hearing for any application covered
by this chapter shall be not less than 30 days
before the date set for hearing.
(d) The applicant is responsible for the
cost of publication.
30.103. Notice by Mail.
(a) If notice by mail is required, the
commission will transmit the notice by first-
class mail to persons listed in subsection (b)
of this section and to other persons, who in
the judgment of the commission, may be af-
fected. Personal service may be substituted
for mailing.
(b) The notice shall be mailed to the
following:
(1) the affected landowners named
on the application map or supplemental
map, or the sheet attached to the applica-
tion 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 au-
thorities of the county in which the facility
is located or in which waste is or will be
disposed of;
(4) the Texas Department of Health;
(5) the Texas Parks and Wildlife De-
partment; 0
(6) the Texas Railroad Commission;
(7) for an injection well permit ap-
plication, the Texas Water Well Drillers
Board;
(8) the applicant;
(9) persons who request to be put
on the mailing list and participants in past
commission permit proceedings for the facili-
ty or activity;
(10) state and federal agencies for
which notice is required in 40 Code of Fed-
eral Regulations 124.10(c);
(11) any other person the commis-
sion may elect to include; and
(12) county judges as required by
305.93(c) of this title (relating to Action onApplication for Permit).
(c) The date of mailing for a notice of
application shall be as set forth in this sub-
chapter for each type of action.
(d) The date of mailing for a notice
of hearing shall be at least 30 days before
the date set for hearing.
(e) The applicant is responsible for the
cost of required notice.
305.104. Radio Broadcasts. For an ap-
plication to store, process, or dispose of haz-
ardous waste under the Texas Solid Waste
Disposal Act, Texas Civil Statutes, Article
4477-7, the commission shall mail a sum-
mary of the public notice prepared by the
commission to one or more local radio sta-
tions, listed in the latest edition of the Texas
Broadcasters Directory, which are located in
the affected area to be available to such sta-
tions for broadcast as a public service. For
purposes of this section, the affected area is
an area to be determined by the commission
on each application which includes the coun-
ty in which the site is to be located and may
include contiguous counties at the discretion
of the commission. Local radio stations are
encouraged to broadcast the summary of the
notice to assist the commission in inform-
ing the affected community of the pending
hazardous waste application. The failure to
mail the summary of the notice, the failure
to show evidence of radio broadcasts, or the
failure of a radio station to broadcast the
summary of the notice will not affect the
commission's jurisdiction to consider the
application.
305.105. Request for Public Hearing.
(a) A request for public hearing under
this chapter must be made in writing and
submitted by an affected person to the com-
mission within 30 days after the first publica-
tion of the notice of application, except that
a request must be submitted within 45 days
after the first publication of the notice of an
application involving hazardous waste under
the Texas Solid Waste Disposal Act, Texas
Civil Statutes, Article 4477-7. The commis-
sion may extend the time allowed for sub-
mitting a request for public hearing.
(b) The wraten request shall contain
the following infonnation:
(1) the name, mailing address, and
phone number of the person making the re-
quest;
(2) a brief description of the interest
of the person making the request, or of per-
sons represented by the person making the
request; and
(3) a brief description of how the
application, if granted, would adversely af-
fect such interest.
(c) An affected person is one who is
determined by the commission to have an in-
terest different from that of the general
public that may be adversely affected by ac-
tion taken on the application.
(d) If the commission determines the
request for public hearing is in compliance
with this section, or that a public hearingwould serve the public interest, the commis-
sion shall conduct a public hearing.
issued In Austin, Texas, on February 25, 1986.
TRDA01996 James K. Rourke, Jr.
General Counsel
Texas Water Commission.
Effective date: March 3, 1986
Exprailon date: July 1, 1988
For further Intormation, please call
(512) 4(3-8070.
Subchapter F. Permit
Characteristics and Conditions
*31 TAC 305.121-305.128
The new sections are adopted on an emer-
gency basis under the Texas Water Code,
5.103 and 5.105, which provides the
Texas Water Commission with the autho-
rity to adopt any rules necessary to carry
out its powers and duties under the Texas
Water Code and other laws of the state.
305.121. Applicability. The provisions
of this subchapter establish the charac-
teristics and standards for permits issued for
injection wells, waste discharges, and solid
waste management.
305.122. Characteristics of Permits.
(a) A permit issued within the scope
of this subchapter does not convey any prop-
erty rights of any sort, nor any exclusive
privilege, and does not become a vested right
of the permittee.
(b) The issuance of a permit does not
authorize any injury to persons or property
or an invasion of other property rights, or
any infringement of state or local law or
regulations.
305.123. Reservation in Granting Permit.
Every permit is subject to further orders and
rules of the commission. In accordance with
the procedures for amendments and orders,
the commission may incorporate into per-
mits already granted any condition, restric-
tion, limitation, or provision reasonably
necessary for the administration and enforce-
ment of the Texas Water Code, Chapters 26,
27, and 28, and the Texas Solid Waste
Disposal Act, Texas Civil Statutes, Article
4477-7.
305.124. Acceptance of Permit, Effect.
Acceptance of the permit by the person to
whom it is issued constitutes an acknowl-
edgement and agreement that such person
will comply with all the terms and conditions
embodied in the permit, and the rules and
other orders of the commission.
305.125. Standard Permit Conditions.
The following conditions are applicable to
all permits issued within the scope of this
chapter, and shall be incorporated into each
permit expressly or by reference to this
chapter.A4 Emergency Rules March 11, 1986
_ __
11 TexReg 1199
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Texas. Secretary of State. Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986, periodical, March 11, 1986; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243767/m1/37/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.