Current through Reg. 50, No. 13; March 28, 2025
(a) An emergency order under this chapter may
be issued with notice and an opportunity for hearing, or without notice and an
opportunity for hearing, as provided by this chapter.
(b) If an emergency order is issued under
this chapter without a hearing, the order shall set a time and place for a
hearing to affirm, modify, or set aside the order to be held before the
commission or its designee as soon as practicable after the order is
issued.
(c) Except as otherwise
provided by this chapter, notice of a hearing to affirm, modify, or set aside
an emergency order under this chapter shall be given not later than the tenth
day before the date set for the hearing. This notice shall provide that an
affected person may request an evidentiary hearing on issuance of the emergency
order.
(d) Temporary orders require
a hearing before the issuance of the order. Notice of a hearing on a temporary
order shall be given not later than the 20th day before the hearing on the
order. This notice of hearing shall provide that an affected person may request
an evidentiary hearing on issuance of the temporary order.
(e) In addition to the notice requirements
provided elsewhere in these rules, notice shall be provided as follows.
(1) For water quality temporary orders,
notice of a hearing that is held before issuance of the order shall be
provided:
(A) by mail to persons requesting
public notice of certain applications, in accordance with §
39.407 of this title (relating to
Mailing Lists) and to persons or agencies identified in §
39.413 of this title (relating to
Mailed Notice);
(B) by publication
by the applicant in a newspaper of largest general circulation that is
published in the county in which the facility is located or proposed to be
located. If a newspaper is not published in the county in which the facility is
located or proposed to be located, the notice must be published in the
newspaper of general circulation in the county in which the facility is located
or proposed to be located. The applicant must file an affidavit with the chief
clerk certifying facts that constitute compliance with the publication
requirements. The deadline to file the affidavit is 15 days after publication
of the notice. Filing an affidavit certifying facts that constitute compliance
with notice requirements creates a rebuttable presumption of compliance with
the requirement to publish notice; and
(C) at least 20 days before the
hearing.
(2) For water
quality emergency orders, notice of the issuance of the order and the hearing
to affirm, set aside, or modify if a hearing is held shall be provided in
accordance with paragraph (1)(A) and (C) of this subsection.
(3) For nonhazardous underground injection
control (UIC) emergency orders, notice shall be mailed and published at least
30 days before the hearing to affirm, modify, or set aside the emergency order,
as is required by Chapter 39 of this title (relating to Public Notice) for
notice of a hearing on an application for a UIC permit.
(4) For nonhazardous solid waste emergency
orders, notice shall be mailed and published not later than the tenth day
before the hearing to affirm, modify, or set aside the emergency order, as is
required by Chapter 39 of this title for notice of a hearing on an application
for a nonhazardous waste permit.
(5) For hazardous solid waste emergency
orders, including UIC emergency orders, notice shall be mailed and published at
least 30 days before the hearing to affirm, modify, or set aside the emergency
order, as required by Chapter 39 of this title for notice of a hearing on an
application for a hazardous waste permit. The commission must also give at
least 45 days for public comment before issuing the order.
(6) For suspension of beneficial inflows
under Texas Water Code, §
11.148, notice shall be
published in a newspaper or newspapers of general circulation in the affected
area not later than the 15th day before the hearing to all affected
persons.
(7) For water utility
emergency orders for operation of a utility, notice shall be mailed or hand
delivered to the utility not later than the tenth day before the hearing to
affirm modify or set aside.
(8) For
water utility temporary rate increase orders, notice shall be mailed or
delivered to the affected ratepayers not later than the tenth day before the
hearing to affirm, modify, or set aside.
(9) For air catastrophe emergency orders,
notice shall be published in a newspaper of general circulation in the nearest
municipality not later than the tenth day before the hearing.
(10) For generalized condition of air
pollution emergency orders, the timing, method, and recipients of notice shall
be as practicable under the circumstances.
(11) For radioactive substances emergency
orders, notice shall be provided by personal service or certified mail to those
named in the order not later than the tenth day before the hearing to affirm,
modify, or set aside.
(12) For
radioactive material impoundment, notice shall be provided by personal service
or certified mail to those named in the order not later than the tenth day
before the hearing to affirm, modify, or set aside.
(13) For petroleum storage tank emergency
orders, notice shall be provided by certified mail, hand delivery, or if that
fails, one time in the
Texas Register or published once in the
county newspaper not later than the tenth day before the hearing to affirm,
modify, or set aside.
(14) For
imminent and substantial endangerment emergency orders, notice shall be given
by certified mail for hand delivery to the person named in the order, and if
that fails, published once in the
Texas Register and once in
the newspaper of general circulation not later than the tenth day before the
hearing to affirm, modify, or set aside.
(15) For on-site sewage and disposal system
emergency orders, notice shall be mailed to those in the order not later than
ten days before the hearing to affirm, modify, or set aside.
(f) Statutes or rules requiring
notice of hearing or setting procedures for the issuance of permits do not
apply to a hearing on an emergency order issued under this chapter unless they
specifically require notice for an emergency order.
(g) If the commission acts on an application
for a temporary order, or the commission or executive director acts on an
application for an emergency order, the chief clerk or the office designated by
the executive director shall mail notice of the action to the applicant, the
executive director, public interest counsel, and other persons who have filed
hearing requests or public comment.
