Current through Reg. 49, No. 12; March 22, 2024
(a) A person may apply for an exception to
the provisions of this chapter by filing LPG Form 25 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 support 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;
(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 LPG Form 25 by certified mail, return receipt
requested, or otherwise delivered to all affected entities as specified in
paragraphs (2), (3), and (4) of this subsection on the same date on which the
form or application 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 postmark or other delivery of the application. The
applicant shall file all return receipts with AFS as proof of notice.
(2) If an exception is requested for a
stationary site, 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 for a motor
or mobile fuel installation affected entities to whom the applicant shall give
notice shall include but not be limited to:
(A) the Texas Department of Public Safety;
and
(B) all processed gas 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 at 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
director may administratively grant the exception if the 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.
(4) 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.
(5) 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
91.143, 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. The applicant may
restart the application process.