Current through Reg. 49, No. 12; March 22, 2024
(a) In addition to NFPA 52 §4.3 and for
any alternate design used for installations subject to NFPA 55 requirements, a
person may apply for an exception to the provisions of this chapter by filing
CNG Form 1025 along with supporting documentation and a $50 filing fee with
AFS.
(b) The application shall
contain the following:
(1) the section number
of any rules for which an exception is being requested;
(2) the type of relief desired, including the
exception requested and any information which may assist AFS in comprehending
the requested exception;
(3) a
concise statement of facts which supports the applicant's request for the
exception, such as the reason for the exception, the safety aspects of the
exception, and the social and/or economic impact of the exception;
(4) for all stationary installations,
regardless of size, a description of the acreage and/or address upon which the
subject of the exception will be located. The description shall be in writing
and shall include:
(A) a site
drawing;
(B) sufficient
identification of the site so that determination of property boundaries may be
made;
(C) a plat from the
applicable appraisal district indicating the ownership of the land;
and
(D) the legal authority under
which the applicant, if not the owner, is permitted occupancy;
(5) the name, business address,
and telephone number of the applicant and of the authorized agent, if any;
and
(6) a list of the names and
addresses of all interested entities as defined in subsection (c) of this
section.
(c) Notice of
the application for an exception to a safety rule.
(1) The applicant shall send a copy of CNG
Form 1025 by certified mail, return receipt requested, to all affected entities
as specified in paragraphs (2), (3), and (4) of this subsection on the same
date on which the form is filed with or sent to AFS. The applicant shall
include a notice to the affected entities that any objection shall be filed
with AFS within 18 calendar days of the date of postmark. The applicant shall
file all return receipts with AFS as proof of notice.
(2) If an exception is requested on a
stationary site, the affected entities to whom the applicant shall give notice
shall include but not be limited to:
(A)
persons and businesses owning or occupying property adjacent to the
site;
(B) the city council or fire
marshal, if the site is within municipal limits; and
(C) the county Commission, if the site is not
within any municipal limits.
(3) If an exception is requested on a
nonstationary site, affected entities to whom the applicant shall give notice
include but are not limited to:
(A) the Texas
Department of Public Safety; and
(B) all CNG loading and unloading facilities
utilized by the applicant.
(4) AFS may require an applicant to give
notice to persons in addition to those listed in paragraphs (2) and (3) of this
subsection if doing so will not prejudice the rights of any entity.
(d) Objections to the requested
exception shall be in writing, filed with AFS within 18 calendar days of the
postmark of the application, and shall be based on facts that tend to
demonstrate that, as proposed, the exception would have an adverse effect on
public health, safety, or welfare. AFS may decline to consider objections based
solely on claims of diminished property or esthetic values in the
area.
(e) AFS shall review the
application within 21 business days of receipt of the application.
(1) If AFS does not receive any objections
from any affected entities as defined in subsection (c) of this section, the
AFS director may administratively grant the exception if the AFS director
determines that the installation, as proposed, does not adversely affect the
health or safety of the public. AFS shall notify the applicant in writing by
the end of the 21-day review period and, if approved, the installation shall be
installed within one year from the date of approval. AFS shall also advise the
applicant at the end of the objection period as to whether any objections were
received and whether the applicant may proceed.
(2) If the AFS director denies the exception,
AFS shall notify the applicant in writing, outlining the reasons and any
specific deficiencies.
(3) The
applicant may modify the application to correct the deficiencies and resubmit
the application along with a $30 resubmission fee, or may request a hearing on
the matter.
(A) To be granted a hearing, the
applicant shall file a written request for hearing within 14 calendar days of
receiving notice of the administrative denial.
(B) A hearing shall be held when AFS receives
an objection as set out in subsection (d) of this section from any affected
entity, or when the applicant requests one following an administrative denial.
AFS shall forward the request for hearing to the Hearings Division.
(f) Applicants
intentionally submitting incorrect or misleading information are subject to
penalties in the Texas Natural Resources Code, §
RSA 116.142,
and the filing of incorrect or misleading information shall be grounds for
dismissing the application with prejudice.
(g) After hearing, exceptions to this chapter
may be granted by the Commission if the Commission finds that granting the
exception for the installation, as proposed, will not adversely affect the
safety of the public.
(h) A request
for an exception shall expire if it is inactive for three months after the date
of the letter in which the applicant was notified by AFS of an incomplete
request. Additional time may be granted upon request if needed to generate
engineering results or calculations. The applicant may restart the application
process.