Current through Reg. 50, No. 13; March 28, 2025
(a) Purpose.
Applicants are encouraged to engage with their communities early in the
commercial recycling facility planning process to inform the community of the
plan to construct stationary commercial solid oil and gas waste recycling
facility and allow those who may be affected by the proposed activities to
express their concerns. The purpose of the notice required by this section is
to inform notice recipients:
(1) that an
applicant has filed a permit application with the Commission, seeking
authorization to conduct an activity or operate a facility; and
(2) of the requirements for filing a protest
if an affected person seeks to protest the permit application.
(b) Timing of notice. The
applicant shall provide notice after staff determines that an application for a
stationary commercial solid oil and gas waste recycling facility is complete
pursuant to §
1.201(b) of this
title (relating to Time Periods for Processing Applications and Issuing Permits
Administratively). The date notice is completed begins a 30-day period in which
an affected person may file a protest of the application with the
Commission.
(c) Notice recipients.
The applicant shall provide notice to:
(1) the
surface owners of the tract on which the commercial recycling facility will be
located;
(2) the surface owners of
tracts located within a distance of 1/2-mile from the fence line or edge of the
facility as shown on the plat required under §
4.249(b) of this
title (relating to Minimum Real Property Information) of the facility's fence
line or boundary, even if the surface owner's tract is not adjacent to the
tract on which the commercial recycling facility is located;
(3) the city clerk or other appropriate city
official if any part of the tract on which the commercial recycling facility
will be located lies within the municipal boundaries of the city;
(4) the Commission's District Office;
and
(5) any other person or class
of persons that the Director determines should receive notice of an
application.
(d) Method
and contents of notice. Unless otherwise specified in this subchapter, the
applicant shall provide direct notice to the persons specified in subsection
(c) of this section as follows.
(1) The
applicant shall provide notice by registered or certified mail. Notice is
completed upon deposit of the document postpaid and properly addressed to the
person's last known address with the United States Postal Service.
(2) The notice of the permit application
shall consist of a complete copy of the application and any attachments. The
copy shall be of the application and attachments after staff determines the
application is complete pursuant to §
1.201(b) of this
title but before the final review is completed.
(3) The notice shall include a letter that
contains:
(A) the name of the
applicant;
(B) the date of the
notice;
(C) the name of the surface
owners of the tract on which the proposed commercial recycling facility will be
located;
(D) the location of the
tract on which the proposed commercial recycling facility will be located
including a legal description of the tract, latitude/longitude coordinates of
the proposed facility, county, original survey, abstract number, and the
direction and distance from the nearest municipality or community;
(E) the types of solids to be recycled at the
commercial recycling facility;
(F)
the recycling method proposed and the proposed end-use of the recycled
material;
(G) a statement that an
affected person may protest the application by filing a written protest with
the Commission within 30 calendar days of the date notice is
completed;
(H) a statement that a
protest shall include the protestant's name, mailing address, telephone number,
and email address;
(I) the address
to which protests may be mailed or the location and instructions for electronic
submittal of a protest if the Commission implements an electronic means for
filing protests;
(J) the definition
of "affected person" pursuant to §
4.110 of this title (relating to
Definitions); and
(K) the signature
of the operator, or representative of the operator, and the date the letter was
signed.
(4) If the
Director finds that a person to whom the applicant was required to give notice
of an application has not received such notice, then the Director shall not
take action on the application until the applicant has made reasonable efforts
to give such person notice of the application and an opportunity to file a
protest to the application with the Commission.
(e) Proof of notice. After the applicant
provides the notice required by this section, the applicant shall submit to the
Commission proof of delivery of notice which shall consist of:
(1) a copy of the signed and dated letters
required by subsection (d)(3) of this section;
(2) the registered or certified mail
receipts; and
(3) a map showing the
property boundaries, surface owner names, and parcel numbers of all notified
parties.
(f) Notice by
publication. In addition to the notice required by subsection (d) of this
section, an applicant for a stationary commercial solid oil and gas waste
recycling commercial facility permit shall also provide notice by
publication.
(g) Newspaper of
general circulation. The permit applicant shall publish notice of the
application in a newspaper of general circulation in the county in which the
proposed facility will be located at least once each week for two consecutive
weeks, with the first publication occurring not earlier than the date staff
determines that an application is complete pursuant to §
1.201(b) of this
title (relating to Time Periods for Processing Applications and Issuing Permits
Administratively) but before the final review is completed.
(h) Contents of published notice. The
published notice shall:
(1) be entitled
"Notice of Application for Commercial Solid Oil and Gas Waste Recycling
Facility" if the proposed facility is a commercial facility;
(2) provide the date the applicant filed the
application with the Commission;
(3) identify the name of the
applicant;
(4) provide the location
of the tract on which the proposed facility will be located including the legal
description of the property, latitude/longitude coordinates of the proposed
facility, county, name of the original survey and abstract number, and location
and distance in relation to the nearest municipality or community;
(5) identify the owner or owners of the
property on which the proposed facility will be located;
(6) identify the type of fluid or solid waste
to be managed at the facility;
(7)
identify the proposed recycling method;
(8) state that affected persons may protest
the application by filing a protest with the Commission within 30 calendar days
of the last date of publication;
(9) include the definition of "affected
person" pursuant to §
4.110 of this title (relating to
Definitions); and
(10) provide the
address to which protests shall be mailed. If the Commission implements an
electronic means for filing protests, then the location to instructions for
electronic submittal shall be included.
(i) Proof of notice. The applicant shall
submit to the Commission proof that notice was published as required by this
section. Proof of publication shall consist of:
(1) an affidavit from the newspaper publisher
that states the dates on which the notice was published and the county or
counties in which the newspaper is of general circulation; and
(2) the tear sheets for each published
notice.
(j) Protest
process. Any statement of protest to an application must be filed with the
Commission within 30 calendar days from the date notice is completed or from
the last date of publication if notice by publication is authorized by the
Director.
(1) The Technical Permitting
Section shall notify the applicant if the Commission receives an affected
person's timely protest. A timely protest is a written protest date-stamped as
received by the Commission within 30 calendar days of the date notice is
completed or within 30 calendar days of the last date of publication, whichever
is later.
(2) The applicant shall
have 30 days from the date of the Technical Permitting Section's notice of
receipt of protest to respond, in writing, by either requesting a hearing or
withdrawing the application. If the applicant fails to timely file a written
response, the Technical Permitting Section shall consider the application to
have been withdrawn.
(3) The
Technical Permitting Section shall refer all protested applications to the
Hearings Division if a timely protest is received and the applicant requests a
hearing.
(4) The Commission shall
provide notice of any hearing convened under this subsection to all affected
persons and persons who have requested notice of the hearing.
(5) If the Director has reason to believe
that a person entitled to notice of an application has not received notice as
required by this section, then the Technical Permitting Section shall not take
action on the application until notice is provided to such person.
(6) The Commission may issue a permit if no
timely protests from affected persons are received.
(k) Director review. If the Director has
reason to believe that a person to whom the applicant was required to give
notice of an application has not received such notice, then the Director shall
not take action on the application until the applicant has made reasonable
efforts to give such person notice of the application and an opportunity to
file a protest to the application with the Commission.