Current through Reg. 50, No. 13; March 28, 2025
(a) Filing the administrative record. After
the technical review is completed, the executive director shall file the
application, draft permit, technical summary, and draft notice of application
and preliminary decision with the chief clerk.
(b) Notice text. The notice of application
and preliminary decision must contain the following information:
(2) the name, address, and telephone number
of the applicant;
(3) a brief
description of the location and nature of the proposed marine seawater
desalination project, including the location of each outfall and the total
quantity of water proposed to be discharged by the facility;
(4) a summary of the executive director's
preliminary decision and whether the executive director has prepared a draft
permit;
(5) if applicable, a
statement that the application is subject to the Coastal Management Program and
must be consistent with the Coastal Management Program goals and
policies;
(6) the website address
where the administratively and technically complete application, the draft
permit, and the technical summary are posted for public review;
(7) a brief description of public comment
procedures, including:
(A) a description of
the manner in which comments regarding the executive director's preliminary
decision may be submitted;
(B) the
deadline to file comments; and
(C)
the deadline to request a public meeting or a contested case hearing;
(8) a statement that the executive
director will respond to comments raising issues that are timely received and
are relevant, material, or otherwise significant;
(9) a brief description of procedures by
which the public may request a public meeting and a statement that a public
meeting will be held by the executive director if requested by a member of the
legislature who represents the general area where the facility will be located
or there is substantial public interest in the proposed activity;
(10) a statement that there is an opportunity
for a contested case hearing, the procedures by which the public may request a
contested case hearing, and that only disputed issues of fact or mixed issues
of fact and law that are relevant and material to the commission's decision
that are raised during the comment period can be considered if a contested case
hearing is granted;
(11) a
statement that the executive director may issue final approval of the
application unless a timely contested case hearing request is filed with the
chief clerk after transmittal of the executive director's decision and response
to public comment;
(12) the name
and telephone number of an agency contact that interested persons may contact
for further information; and
(13)
any additional information required by the executive director.
(c) Publication of the notice. The
notice of application and preliminary decision, the administratively and
technically complete application, the draft permit, and the technical summary,
excluding oversized documents, will be posted on the TCEQ website for public
review and comment. Concurrently with posting on the website, the notice of
application and preliminary decision will be emailed to the email address on
file with the Office of the Chief Clerk for the following individuals and
agencies:
(1) the state senator and the state
representative who represent the area where the facility is or will be
located;
(2) the Texas Parks and
Wildlife Department;
(3) the Texas
General Land Office;
(4) the county
judge who represents the area where the facility is or will be located;
and
(5) persons on the mailing
lists required by §
39.407 of this title (relating to
Mailing Lists) that have provided a valid email address.
(d) Amendment after notice. No amendments to
an application which would constitute a major amendment under the terms of
§
318.6 of this title (relating to
Amendment of a Permit) can be made by the applicant after the notice of
application and preliminary decision has been posted on the TCEQ website,
unless new notice is posted on the TCEQ website which includes a description of
the proposed amendments to the application. For purposes of this subsection, an
attempted transfer of an application shall constitute an amendment requiring
additional notice.
(e) Public
comment. Public comments must be filed with the chief clerk within the time
period specified in the notice. The public notice period shall end 15 calendar
days after the date of posting on the TCEQ website unless extended by the
executive director for good cause. The public comment period shall be extended
to the close of any public meeting.
(f) Public meeting notice. Notice of a public
meeting must include the following information:
(1) the information required by subsection
(b)(1) - (3) and (12) of this section;
(2) the date, time, and place of the
meeting;
(3) a brief description of
the nature and purpose of the meeting, including the applicable rules and
procedures; and
(4) a brief
description of public comment procedures, including a description of the manner
in which comments regarding the executive director's preliminary decision may
be submitted and a statement in the notice for any permit application for which
there is an opportunity for contested case hearing, that only relevant and
material issues raised during the comment period can be considered if a
contested case hearing is granted.
(g) Recipients of public meeting notice.
Notice of a public meeting will be mailed or emailed to any person who
submitted comments or requested a public meeting; emailed to the state senator
and the state representative who represent the area where the facility is or
will be located, the Texas Parks and Wildlife Department, and the Texas General
Land Office; emailed to the county judge who represents the area where the
facility is or will be located; and posted on the TCEQ website at least 14
calendar days prior to the meeting date. The chief clerk need not mail or email
notice of the public meeting to persons submitting public comment or public
meeting requests who have not provided a return mailing address or email
address.
