Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 1 - RAILROAD COMMISSION OF TEXAS
Chapter 4 - ENVIRONMENTAL PROTECTION
Subchapter B - COMMERCIAL RECYCLING
Division 5 - REQUIREMENTS FOR OFF-LEASE COMMERCIAL RECYCLING OF FLUID
Section 4.270 - Notice
Universal Citation: 16 TX Admin Code § 4.270
Current through Reg. 50, No. 13; March 28, 2025
(a) A permit applicant for off-lease commercial recycling of fluid shall give personal notice and file proof of such notice in accordance with the following requirements.
(1) The applicant shall mail or
deliver notice to the following persons on or after the date the application is
filed with the Commission's headquarters office in Austin:
(A) the surface owner or owners of the tract
upon which the commercial recycling facility will be located;
(B) the city clerk or other appropriate
official, if the tract upon which the facility will be located lies within the
corporate limits of an incorporated city, town, or village;
(C) the surface owners of tracts adjoining
the tract on which the proposed facility will be located, unless the boundary
with the adjoining tract is a distance of 1/2-mile or greater from the
fenceline or edge of the facility as shown on the plat required under §
4.265(b) of this
title (relating to Minimum Real Property Information); and
(D) any affected person or class of persons
that the director determines should receive notice of a particular
application.
(2)
Personal notice of the permit application shall consist of:
(A) a copy of the application;
(B) a statement of the date the applicant
filed the application with the Commission;
(C) a statement that a protest to the
application should be filed with the Commission within 15 days of the date of
receipt and the procedure for making a protest of the application to the
Commission;
(D) a description of
the location of the site for which the application was made, including the
county in which the site is to be located, the name of the original survey and
abstract number, and the direction and distance from the nearest
municipality;
(E) the name of the
owner or owners of the property on which the facility is to be
located;
(F) the name of the
applicant;
(G) the type of fluid or
waste to be handled at the facility; and
(H) the recycling method proposed and the
proposed end-use of the recyclable product.
(3) The applicant shall submit to the
Commission proof that personal notice has been given as required. Proof of
notice shall consist of a copy of each notification letter sent, along with a
statement signed by the applicant that includes the names and addresses of each
person to whom the notice was sent, and the date that each person was notified
of the application.
(b) 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.
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