By Bivins S.B. No. 1495
75R4196 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to notices required by the Texas Natural Resource
1-3 Conservation Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. PURPOSE. The purpose of this Act is to
1-6 consolidate into one chapter the notice requirements under the
1-7 jurisdiction of the Texas Natural Resource Conservation Commission,
1-8 and to make certain amendments to ensure overall consistency.
1-9 Notice requirements for water rates and districts are not included
1-10 in this Subchapter.
1-11 SECTION 2. Chapter 5, Subchapter J, Section 5.401 of the
1-12 Texas Water Code is added to read as follows:
1-13 Sec. 5.401. MINIMUM REQUIREMENTS. The notice provisions of
1-14 this subchapter are minimum requirements. The commission shall
1-15 adopt rules consistent with this subchapter and may establish
1-16 additional requirements.
1-17 SECTION 3. Chapter 5, Subchapter J, Section 5.402 of the
1-18 Texas Water Code is added to read as follows:
1-19 Sec. 5.402. SUBSTANTIAL COMPLIANCE. (a) Substantial
1-20 compliance with the requirements of this subchapter is sufficient
1-21 for the commission to exercise jurisdiction over an application.
1-22 (b) The inadvertent failure of the commission to mail a
1-23 notice under Section 5.407(b)(1)(a) of this subchapter to a
1-24 navigation district that is not a claimant or appropriator of water
2-1 does not prevent the commission's consideration of the application.
2-2 SECTION 4. Chapter 5, Subchapter J, Section 5.403 of the
2-3 Texas Water Code is added to read as follows:
2-4 Sec. 5.403. TIMING OF NOTICES. When mailed notice,
2-5 published notice, sign posting, courthouse posting or Texas
2-6 Register notice is required by this subchapter, it must be given at
2-7 the following times, unless otherwise specified:
2-8 (a) for notice of receipt of application, when an
2-9 application is administratively complete;
2-10 (b) for notice of application and opportunity to request
2-11 hearing, not less than 30 days before the date of action on the
2-12 application by the commission;
2-13 (c) for notice of public meeting, published not less than
2-14 once each week during the three weeks preceding a public meeting on
2-15 new solid waste facilities;
2-16 (d) for notice of hearing, not less than 30 days before the
2-17 hearing, except as specified below:
2-18 (1) at least 45 days before the hearing, for water
2-19 rights cancellation hearings under Chapter 11 of this code;
2-20 (2) published once per week for two consecutive weeks
2-21 at least 30 days before the hearing, for notices of water rights
2-22 hearings on cancellations of permits, certified filings and
2-23 certificates of adjudication for nonuse under Chapter 11 of this
2-24 code;
2-25 (3) published once per week for two consecutive weeks,
2-26 on a biennial basis, for notices of service extensions by water
2-27 supply and sewer service corporations under Chapter 13 of this
3-1 code;
3-2 (4) at least 10 days before the commission meeting,
3-3 for applications to amend a water quality permit to improve the
3-4 quality of waste authorized to be discharged, under Chapter 26 of
3-5 this code;
3-6 (5) published not less than once each week during the
3-7 three weeks preceding a public meeting on solid waste facilities
3-8 under Texas Health and Safety Code Chapter 361;
3-9 (6) not more than 45 days or less than 30 days before
3-10 the date of the hearing, for notice of hearing for new solid waste
3-11 management facilities under Texas Health and Safety Code Chapter
3-12 361.
3-13 SECTION 5. Chapter 5, Subchapter J, Section 5.404 of the
3-14 Texas Water Code is added to read as follows:
3-15 Sec. 5.404. REQUIREMENTS FOR CONTENTS OF NOTICE. (a)
3-16 Contents of all notices. All notices shall include:
3-17 (1) the name and address of the applicant;
3-18 (2) the application number;
3-19 (3) the type of permit or license sought under the
3-20 application;
3-21 (4) the date on which the application was submitted;
3-22 (5) a brief summary of the information included in the
3-23 permit application;
3-24 (6) description of the location or proposed location
3-25 of the facility, discharge point or federal source;
3-26 (7) description of the manner in which the commission
3-27 may be contacted for further information;
4-1 (8) any other information the commission by rule
4-2 require.
4-3 (b) Additional contents of notices. In addition to the
4-4 information required in subsection (a), the specified notices shall
4-5 include the following information:
4-6 (1) Notices to the School Land Board shall:
4-7 (A) state the location of the permanent school
4-8 fund land to be affected; and
4-9 (B) describe any foreseeable impact or effect of
4-10 the commission's action on permanent school fund land;
4-11 (2) Notices of application and opportunity to request
4-12 a hearing shall include a statement that a person who may be
4-13 affected by the facility, proposed facility, or federal source may
4-14 request a hearing;
4-15 (3) Notices of hearing or of public meeting shall
4-16 include:
4-17 (A) the date, time and place of the hearing or
4-18 meeting;
4-19 (B) a brief description of the purpose of the
4-20 hearing or meeting; and
4-21 (C) the location and availability of copies of
4-22 the permit application.
4-23 SECTION 6. Chapter 5, Subchapter J, Section 5.405 of the
4-24 Texas Water Code is added to read as follows:
4-25 Sec. 5.405. PROOF OF NOTICE. (a) Affidavits. For all
4-26 types of notice, an affidavit certifying that notice was mailed or
4-27 published according to this subchapter shall be submitted to the
5-1 commission.
5-2 (b) Proof of mailed notice. For all mailed notices, the
5-3 affidavit must be provided by either the applicant or the
5-4 commission employee responsible for mailing the notice. The
5-5 affidavit shall list the names and addresses to which the notice
5-6 was mailed as well as the sources from which the list was created.
5-7 The affidavit shall also specify the date of mailing and shall be
5-8 accompanied by a printed copy of the notice and a copy of the
5-9 mailing list.
5-10 (c) Publisher's affidavit. For all newspaper notices, the
5-11 applicant shall provide proof of publication through an affidavit
5-12 of the newspaper publisher, certifying that newspaper notice was
5-13 given. The affidavit shall specify the circulation of the
5-14 newspaper and the date(s) of publication, and shall be accompanied
5-15 by a printed copy of the publication.
5-16 (d) Presumption. Before testimony is heard in a contested
5-17 case, the affidavit must be entered into evidence to demonstrate
5-18 that proper notice regarding the hearing was given to affected
5-19 persons. The affidavit attesting that the notice was given as
5-20 required by statute creates a rebuttable presumption of proper
5-21 notice.
5-22 SECTION 7. Chapter 5, Subchapter J, Section 5.406 of the
5-23 Texas Water Code is added to read as follows:
5-24 Sec. 5.406. MAILED NOTICE. (a) Notice shall be sent by
5-25 first-class mail, postage prepaid to the last address shown in the
5-26 records of the commission. Unless otherwise specified, any notice
5-27 that is required to be mailed say alternatively be delivered by
6-1 personal service.
6-2 (b) For notice of administrative completeness for
6-3 applications for any formal action by the commission that will
6-4 affect lands dedicated to the permanent school fund, notice shall
6-5 be sent by certified mail, return receipt requested, addressed to
6-6 the deputy commissioner of the asset management division of the
6-7 General Land Office. Delivery is not complete until the return
6-8 receipt is signed by the deputy commissioner of the asset
6-9 management division of the General Land Office and returned to the
6-10 Commission.
6-11 (c) For water rights cancellation hearings under Chapter 11,
6-12 Subchapter E of this code, the commission shall send notice of the
6-13 hearing to the holder of the permit, certified filing, or
6-14 certificate of adjudication being considered, by certified mail,
6-15 return receipt requested.
6-16 (d) For radioactive waste hearings on the grant, renewal, or
6-17 amendment of a license to process or dispose of radioactive waste
6-18 from other persons, under Chapter 401, Subchapter D of the Health &
6-19 Safety Code, the commission shall send notice of the hearing by
6-20 certified mail, return receipt requested, to each person who owns
6-21 property adjacent to the proposed site.
6-22 SECTION 8. Chapter 5, Subchapter J, Section 5.407 of the
6-23 Texas Water Code is added to read as follows:
6-24 Sec. 5.407. MAILING LIST. (a) When mailed notice is
6-25 required, it shall be delivered to:
6-26 (1) persons who, in the judgment of the commission,
6-27 may be affected by the application;
7-1 (2) the applicant;
7-2 (3) the state senator and representative who represent
7-3 the area in which the facility, discharge point, or point of
7-4 diversion is or will be located;
7-5 (4) local governments, including the mayor and health
7-6 authorities of the city or town and the county judge and health
7-7 authorities of the county, in which the facility, discharge point,
7-8 or point of diversion is or will be located; and
7-9 (5) persons who request in writing.
7-10 (b) For the following notices, additional notice must be
7-11 sent as follows:
7-12 (1) for notice of administrative completeness for
7-13 applications for any formal action by the commission that will
7-14 affect lands dedicated to the permanent school fund, to the deputy
7-15 commissioner of the asset management division of the General Land
7-16 Office;
7-17 (2) for water rights notices of application and
7-18 notices of hearing under Chapter 11, Subchapter D of this code, to:
7-19 (A) each claimant or appropriator of water from
7-20 the source of water supply, the record of whose claim or
7-21 appropriation has been filed with the commission; and
7-22 (B) all navigation districts within the river
7-23 basin concerned;
7-24 (3) for notices of application and notices of hearing
7-25 to use domestic and livestock reservoir for other purposes under
7-26 Chapter 11, Subchapter D of this code, to each person whose claim
7-27 or appropriation has been filed with the commission and whose
8-1 diversion point is downstream from that described in the
8-2 application;
8-3 (4) for notices of hearing for water rights
8-4 cancellation hearings under Chapter 11 of this code, to all other
8-5 holders of permits, certified filings, certificates of
8-6 adjudication, and claims of unadjudicated water rights in the same
8-7 watershed filed under Section 11.303 of this code;
8-8 (5) for notices of hearing on water quality standards
8-9 under Chapter 26, Section 26.024 of this code, to:
8-10 (A) each local government whose boundary is
8-11 contiguous to the water in question or whose boundaries contain all
8-12 or part of the water, or through whose boundaries the water flows;
8-13 and
8-14 (B) the holders of permits from the commission
8-15 to discharge waste into or adjacent to the water in question;
8-16 (6) for notices of hearing on hazardous waste permits
8-17 and new solid waste management facilities, the applicant shall mail
8-18 notice to each residential or business address located within
8-19 one-half mile of a new solid waste management facility, and to each
8-20 owner of real property located within one-half mile of a new solid
8-21 waste management facility listed in the real property appraisal
8-22 records of the appraisal district in which the solid waste
8-23 management facility is sought to be permitted as of the date the
8-24 commission determines the permit application is technically
8-25 complete.
8-26 SECTION 9. Chapter 5, Subchapter J, Section 5.408 of the
8-27 Texas Water Code is added to read as follows:
9-1 Sec. 5.408. NEWSPAPER PUBLICATION. (a) When newspaper
9-2 publication is required, notice shall be published as follows:
9-3 (1) If facility, discharge point or point of diversion
9-4 is located or proposed to be located in a municipality or the
9-5 extra-territorial jurisdiction of a municipality, notice shall be
9-6 published in the newspaper of largest general circulation in the
9-7 municipality.
9-8 (2) If the facility is not located within a
9-9 municipality or the extra-territorial jurisdiction of a
9-10 municipality, then the notice shall be published in the newspaper
9-11 of largest general circulation that is published in the county.
9-12 (3) If a newspaper is not published in the county in
9-13 which the facility, discharge point, or point of diversion is
9-14 located or proposed to be located, the notice must be published in
9-15 a newspaper of general circulation.
9-16 (b) For notice of a public meeting on an application for a
9-17 new hazardous waste or municipal solid waste management facility,
9-18 or for a Class 3 modification or a major amendment to an existing
9-19 facility's hazardous waste permit, the published notice may not be
9-20 smaller than 96.8 centimeters or 15 square inches with the shortest
9-21 dimension at least 7.6 centimeters or three inches.
9-22 (c) For hearings on the granting or renewal of a license to
9-23 process or dispose of radioactive waste from other persons, under
9-24 Chapter 401, Subchapter D, of the Health and Safety Code, notice
9-25 shall be published in the manner provided by Chapter 313,
9-26 Government Code, in the county in which the facility is or will be
9-27 located.
10-1 SECTION 10. Chapter 5, Subchapter J, Section 5.409 of the
10-2 Texas Water Code is added to read as follows:
10-3 Sec. 5.409. TEXAS REGISTER NOTICE. The commission shall
10-4 publish notice in the Texas Register for the following actions:
10-5 (a) For notices of hearing on the setting or amending of
10-6 water quality standards under Section 26.024 of this code;
10-7 (b) for notices of intent to obtain a municipal solid waste
10-8 permit under Section 361.0665 of the Texas Health & Safety Code;
10-9 and
10-10 (c) for notice of an amendment to a license to process or
10-11 dispose of radioactive waste from other persons under Section
10-12 401.116 of the Texas Health & Safety Code.
10-13 SECTION 11. Chapter 5, Subchapter J, Section 5.410 of the
10-14 Texas Water Code is added to read as follows:
10-15 Sec. 5.410. SIGN POSTING. For air quality permits under
10-16 Sections 382.0518 or 382.054 of the Health & Safety Code, or for
10-17 permit renewal reviews under Section 382.055 of the Health & Safety
10-18 Code, for which an applicant is required to publish notice under
10-19 Section 382.056(c) of the Health & Safety Code, the applicant must
10-20 give notice by sign posting. The applicant shall post a sign at
10-21 the site stating that an application has been filed for a permit or
10-22 permit review. The sign must state the manner in which the
10-23 commission may be contacted for further information.
10-24 SECTION 12. Chapter 5, Subchapter J, Section 5.411 of the
10-25 Texas Water Code is added to read as follows:
10-26 Sec. 5.411. TYPES OF NOTICE. (a) Notice of intent to
10-27 obtain permit or permit review including federal operating permit.
11-1 (1) On receiving an application for, or notice of
11-2 intent to file an application for, a permit to construct, operate,
11-3 or maintain a facility to store, process, or dispose of solid waste
11-4 or hazardous waste, the commission shall send notice of the
11-5 application or the notice of intent to the state senator and
11-6 representative who represent the area in which the facility is or
11-7 will be located.
11-8 (2) A person who applies for a municipal solid waste
11-9 permit shall publish notice of intent to obtain a permit by
11-10 newspaper and Texas Register.
11-11 (3) An applicant for a permit under Section 382.0518
11-12 or 382.054 of the Health & Safety Code or a permit renewal review
11-13 under Section 382.055 of the Health & Safety Code shall publish
11-14 notice of intent to obtain the permit or permit review by
11-15 newspaper, and
11-16 (A) if the elementary or middle school nearest
11-17 to the facility or proposed facility provides a bilingual education
11-18 program as required by Section 21.109, Education Code, and Section
11-19 19 TAC Subsection 89.2(a), and students in the elementary or middle
11-20 schools nearest the facility are enrolled in the program, the
11-21 applicant shall also publish the notice at least once in an
11-22 additional publication of general circulation in the municipality
11-23 or county in which the facility is located or proposed to be
11-24 located that is published in the language taught in the bilingual
11-25 education program. This requirement is waived if such a
11-26 publication does not exist or if the publisher refuses to publish
11-27 the notice.
12-1 (B) Notice required to be published under this
12-2 section shall only be required to be published in the United
12-3 States.
12-4 (4) The commission by rule may require an applicant
12-5 for a federal operating permit to publish notice of intent to
12-6 obtain a permit or permit review consistent with federal
12-7 requirements and with this subchapter.
12-8 (b) Notice of public meeting. If a public meeting is
12-9 required under Section 361.0791(a) of the Health & Safety Code, the
12-10 applicant shall publish newspaper notice.
12-11 (c) Notice of receipt of administratively complete
12-12 application.
12-13 (1) Notice of receipt of application shall be given
12-14 for all permit applications and licenses within the jurisdiction of
12-15 the commission by:
12-16 (A) mailed notice;
12-17 (B) and, in addition for radioactive waste
12-18 license amendments under Subchapter D of Chapter 401 of the Health
12-19 & Safety Code, by Texas Register.
12-20 (d) Notice of application and opportunity to request a
12-21 hearing.
12-22 (1) The commission shall issue notice of application
12-23 and opportunity to request a hearing which fairly sets forth the
12-24 substance of the application and proposed action, the method for
12-25 submitting a response or protest to the application and request for
12-26 a hearing, and such other information necessary to give a fair
12-27 appraisal of the application.
13-1 (2) Notice of application and opportunity to request a
13-2 hearing shall be given by:
13-3 (A) mail;
13-4 (B) newspaper publication;
13-5 (C) for radioactive waste license amendments,
13-6 under Subchapter D of Chapter 401 of the Health & Safety Code, by
13-7 Texas Register, and
13-8 (D) for air quality applications, by sign
13-9 posting.
13-10 (E) for radioactive materials processing or
13-11 disposal license amendment under Texas Health and Safety Code
13-12 Chapter 401;
13-13 (F) by-product materials under Health and Safety
13-14 Code Chapter 401.
13-15 (e) Notice of hearing.
13-16 (1) The provisions of this section apply to all
13-17 hearings conducted by the commission or in response to an order of
13-18 the commission.
13-19 (2) Notice of hearing shall be given as prescribed in
13-20 the commission's procedural rules and by:
13-21 (A) mail;
13-22 (B) newspaper publication;
13-23 (C) and, in addition:
13-24 (i) for Water Quality Standards under the
13-25 Texas Water Code Section 26.025, by Texas Register; and
13-26 (ii) for hearings on the granting or
13-27 renewal of a license to process or dispose of radioactive waste
14-1 from other persons, in the manner provided by Chapter 313,
14-2 Government Code.
14-3 (f) Notice of Decision.
14-4 (1) The commission or its designee shall send notice
14-5 of a proposed final action on a federal operating permit by
14-6 first-class mail to the applicant and all persons who comment
14-7 during the public comment period or at the public hearing. The
14-8 notice shall include a response to any comment submitted during the
14-9 public comment period and shall identify any change in the
14-10 conditions of the draft permit and the reasons for the change.
14-11 (2) The notice required by Subsection (f)(1) shall:
14-12 (A) state that any person affected by the
14-13 decision of the commission or its designee may petition the
14-14 administrator under Section 382.0563 of the Health & Safety Code
14-15 and rules adopted under that section;
14-16 (B) state the date by which the petition must be
14-17 filed; and
14-18 (C) explain the petition process.
14-19 SECTION 13. Section 5.115(b) - (g), is amended to read as
14-20 follows:
14-21 Sec. 5.115. Persons Affected in Commission Hearings; Notice
14-22 of Application.
14-23 [(b) At the time an application for a permit or license
14-24 under this code is filed with the executive director and is
14-25 administratively complete, the commission shall give notice of the
14-26 application to any person who may be affected by the granting of
14-27 the permit or license.]
15-1 [(c) At the time an application for any formal action by the
15-2 commission that will affect lands dedicated to the permanent school
15-3 fund is filed with the executive director or the commission and is
15-4 administratively complete, the commission shall give notice of the
15-5 application to the School Land Board. Notice shall be delivered by
15-6 certified mail, return receipt requested, addressed to the deputy
15-7 commissioner of the asset management division of the General Land
15-8 Office. Delivery is not complete until the return receipt is
15-9 signed by the deputy commissioner of the asset management division
15-10 of the General Land Office and returned to the commission.]
15-11 [(d) The commission shall adopt rules for the notice
15-12 required by this section.]
15-13 [(e) The notice must state:]
15-14 [(1) the identifying number given the application by
15-15 the commission;]
15-16 [(2) the type of permit or license sought under the
15-17 application;]
15-18 [(3) the name and address of the applicant;]
15-19 [(4) the date on which the application was submitted;
15-20 and]
15-21 [(5) a brief summary of the information included in
15-22 the permit application.]
15-23 [(f) The notice to the School Land Board under this section
15-24 shall additionally:]
15-25 [(1) state the location of the permanent school fund
15-26 land to be affected; and]
15-27 [(2) describe any foreseeable impact or effect of the
16-1 commission's action on permanent school fund land.]
16-2 (b) [(g)] A formal action or ruling by the commission on an
16-3 application affecting permanent school fund land that is made
16-4 without the notice required by Subchapter J of this chapter [this
16-5 section] is voidable by the School Land Board as to any permanent
16-6 school fund lands affected by the action or ruling.
16-7 SECTION 14. Sections 11.085(b), 11.132, 11.143(d)-(g), and
16-8 11.175, Water Code, are amended to read as follows:
16-9 Sec. 11.085. Interwatershed Transfers. (b) No person may
16-10 transfer water from one watershed to another without first applying
16-11 for and receiving a permit from the commission to do so. Before
16-12 issuing such a permit the commission shall hold a hearing to
16-13 determine the rights that might be affected by the transfer. The
16-14 commission shall give notice and hold the hearing in the manner
16-15 prescribed by its procedural rules and by Subchapter J, Chapter 5
16-16 of this code.
16-17 Sec. 11.132. Notice. (a) Notice shall be given as required
16-18 by Subchapter J, Chapter 5 of this code, and commission rules. [to
16-19 the persons who in the judgment of the commission may be affected
16-20 by an application, including those persons listed in Subdivision
16-21 (2), Subsection (d), of this section.] The commission, on the
16-22 motion of a commissioner or on the request of the executive
16-23 director or any affected person, shall hold a public hearing on the
16-24 application.
16-25 [(b) If the proposed use is for irrigation, the commission
16-26 shall include in the notice a general description of the location
16-27 and area of the land to be irrigated.]
17-1 [(c) In the notice, the commission shall:]
17-2 [(1) state the name and address of the applicant;]
17-3 [(2) state the date the application was filed;]
17-4 [(3) state the purpose and extent of the proposed
17-5 appropriation of water;]
17-6 [(4) identify the source of supply and the place where
17-7 the water is to be stored or taken or diverted from the source of
17-8 supply;]
17-9 [(5) specify the time and location where the
17-10 commission will consider the application; and]
17-11 [(6) give any additional information the commission
17-12 considers necessary.]
17-13 (b) [(d)] The commission may act on the application without
17-14 holding a public hearing if[:] notice is given as required by
17-15 Subchapter J, Chapter 5 of this code and no timely hearing requests
17-16 are received.
17-17 [(1) not less than 30 days before the date of action
17-18 on the application by the commission, the applicant has published
17-19 the commission's notice of the application at least once in a
17-20 newspaper regularly published or circulated within the section of
17-21 the state where the source of water is located;]
17-22 [(2) not less than 30 days before the date of action
17-23 on the application by the commission, the commission mails a copy
17-24 of the notice by first-class mail, postage prepaid, to:]
17-25 [(A) each claimant or appropriator of water from
17-26 the source of water supply, the record of whose claim or
17-27 appropriation has been filed with the commission; and]
18-1 [(B) all navigation districts within the river
18-2 basin concerned; and]
18-3 [(3) within 30 days after the date of the newspaper
18-4 publication of the commission's notice, a public hearing has not
18-5 been requested in writing by a commissioner, the executive
18-6 director, or an affected person who objects to the application.]
18-7 [(e) The inadvertent failure of the commission to mail a
18-8 notice under Subdivision (2), Subsection (d), of this section to a
18-9 navigation district that is not a claimant or appropriator of water
18-10 does not prevent the commission's consideration of the
18-11 application.]
18-12 (c) [(f)] If, on the date specified in the notice prescribed
18-13 by Subsection (b) [(c)] of this section, the commission determines
18-14 that a public hearing must be held, the matter shall be remanded
18-15 for hearing without the necessity of issuing further notice other
18-16 than advising all parties of the time and place where the hearing
18-17 is to convene.
18-18 Sec. 11.143. Domestic and Livestock Reservoir--Use for Other
18-19 Purposes. (d) Except as otherwise specifically provided by this
18-20 subsection, before the commission may approve the application and
18-21 issue the permit, it shall give notice and hold a hearing as
18-22 prescribed by Subchapter J, Chapter 5 of this code [this section].
18-23 The commission may act on the application without holding a public
18-24 hearing if notice is given as prescribed by Subchapter J, Chapter 5
18-25 of this code, and no timely hearing requests are received. [;]
18-26 [(1) not less than 30 days before the date of action
18-27 on the application by the commission, the applicant has published
19-1 the commission's notice of the application at least once in a
19-2 newspaper regularly published or circulated within the section of
19-3 the state where the source of water is located;]
19-4 [(2) not less than 30 days before the date of action
19-5 on the application by the commission, the commission mails a copy
19-6 of the notice by first-class mail, postage prepaid, to each person
19-7 whose claim or appropriation has been filed with the commission and
19-8 whose diversion point is downstream from that described in the
19-9 application; and]
19-10 [(3) within 30 days after the date of the newspaper
19-11 publication of the commission's notice, a public hearing is not
19-12 requested in writing by a commissioner, the executive director, or
19-13 an affected person who objects to the application.]
19-14 [(e) In the notice, the commission shall:]
19-15 [(1) state the name and post-office address of the
19-16 applicant;]
19-17 [(2) state the date the application was filed;]
19-18 [(3) state the purpose and extent of the proposed
19-19 appropriation of water;]
19-20 [(4) identify the source of supply and the place where
19-21 the water is stored; and]
19-22 [(5) specify the time and place of the hearing.]
19-23 [(f) The notice shall be published only once, at least 20
19-24 days before the date stated in the notice for the hearing on the
19-25 application, in a newspaper having general circulation in the
19-26 county where the dam or reservoir is located. At least 15 days
19-27 before the date set for the hearing, the commission shall transmit
20-1 a copy of the notice by first-class mail to each person whose claim
20-2 or appropriation has been filed with the commission and whose
20-3 diversion point is downstream from that described in the
20-4 application.]
20-5 (e) [(g)] If on the date specified in the notice prescribed
20-6 by Subsection (d) of this section, the commission determines that a
20-7 public hearing must be held, the matter shall be remanded for
20-8 hearing without the necessity of issuing further notice other than
20-9 advising all parties of the time and place where the hearing is to
20-10 convene.
20-11 Sec. 11.175. NOTICE. [(a)] Notice shall be given as
20-12 required by Subchapter J, Chapter 5 of this code, and commission
20-13 rules. [At least 45 days before the date of the hearing, the
20-14 commission shall send notice of the hearing to the holder of the
20-15 permit, certified filing, or certificate of adjudication being
20-16 considered for cancellation in whole or in part. Notice shall be
20-17 sent by certified mail, return receipt requested, to the last
20-18 address shown by the records of the commission. The commission
20-19 shall also send notice by regular mail to all other holders of
20-20 permits, certified filings, certificates of adjudication, and
20-21 claims of unadjudicated water rights filed pursuant to Section
20-22 11.303 of this code in the same watershed.]
20-23 [(b) The commission shall also have the notice of the
20-24 hearing published once a week for two consecutive weeks, at least
20-25 30 days before the date of the hearing, in a newspaper published in
20-26 each county in which diversion of water from the source of supply
20-27 was authorized or proposed to be made and in each county in which
21-1 the water was authorized or proposed to be used, as shown by the
21-2 records of the commission. If in any such county no newspaper is
21-3 published, then the notice may be published in a newspaper having
21-4 general circulation in the county.]
21-5 SECTION 15. Section 11.085(b), Water Code, is amended to
21-6 read as follows:
21-7 (b) No person may transfer water from one watershed to
21-8 another without first applying for and receiving a permit from the
21-9 commission to do so. Before issuing such a permit, the commission
21-10 shall hold a hearing to determine the rights that might be affected
21-11 by the transfer. The commission shall give notice and hold the
21-12 hearing in the manner prescribed by Subchapter J, Chapter 5 of this
21-13 code and its procedural rules.
21-14 SECTION 16. Section 26.022 is amended to read as follows:
21-15 Sec. 26.022. Notice of Hearings; Continuance. (a) Except
21-16 as otherwise provided in Sections 26.0191 and 26.176 of this code,
21-17 the provisions of this section apply to all hearings conducted in
21-18 compliance with this chapter.
21-19 (b) Notice of the hearing shall be published as required by
21-20 Subchapter J, Chapter 5 of this code. [at least once in a newspaper
21-21 regularly published or circulated in each county where, by virtue
21-22 of the county's geographical relation to the subject matter of the
21-23 hearing, the commission has reason to believe persons reside who
21-24 may be affected by the action that may be taken as a result of the
21-25 hearing. The date of the publication shall be not less than 20
21-26 days before the date set for the hearing.]
21-27 [(c) If notice of the hearing is required by this chapter to
22-1 be given to a person, the notice shall be served personally or
22-2 mailed not less than 20 days before the date set for the hearing to
22-3 the person at his last address known to the commission. If the
22-4 party is not an individual, the notice may be given to any officer,
22-5 agent, or legal representative of the party.]
22-6 (c) [(d)] The individual or individuals holding the hearing,
22-7 called the hearing body, shall conduct the hearing at the time and
22-8 place stated in the notice. The hearing body may continue the
22-9 hearing from time to time and from place to place without the
22-10 necessity of publishing, serving, mailing, or otherwise issuing a
22-11 new notice.
22-12 (d) [(e)] If a hearing is continued and a time and place for
22-13 the hearing to reconvene are not publicly announced by the person
22-14 conducting the hearing at the hearing before it is recessed, a
22-15 notice of any further setting of the hearing shall be served
22-16 personally or mailed in the manner prescribed in Subchapter J,
22-17 Chapter 5 of this code [Subsection (c) of this section] at a
22-18 reasonable time before the new setting, but it is not necessary to
22-19 publish a newspaper notice of the new setting.
22-20 SECTION 17. Section 26.025 of the Water Code is repealed.
22-21 [Sec. 26.025. HEARINGS ON STANDARDS; NOTICE TO WHOM.
22-22 (a) The commission shall provide notice of a hearing under Section
22-23 26.024 of this code by publishing notice in the Texas Register.]
22-24 [(b) In addition to the requirements of Subsection (a) of
22-25 this section, the commission shall also provide notice to each of
22-26 the following that the commission believes may be affected:]
22-27 [(1) each local government whose boundary is
23-1 contiguous to the water in question or whose boundaries contain all
23-2 or part of the water, or through whose boundaries the water flows;
23-3 and]
23-4 [(2) the holders of permits from the commission to
23-5 discharge waste into or adjacent to the water in question.]
23-6 SECTION 18. Sections 26.028, and 26.029(b)-(d), Water Code,
23-7 are amended to read as follows:
23-8 Sec. 26.028. Action on Application. (a) Notice shall be
23-9 given as prescribed by Subchapter J, Chapter 5 of this code.
23-10 [Except as provided in Subsections (b) and (c) of this section,
23-11 notice shall be given to the persons who in the judgment of the
23-12 commission may be affected by an application for a permit, permit
23-13 amendment, or renewal of a permit. For any application involving
23-14 an average daily discharge of five million gallons or more, the
23-15 notice shall be given not later than 20 days before the date on
23-16 which the commission acts on the application, to each county judge
23-17 in the county or counties located within 100 statute miles of the
23-18 point of discharge who have requested in writing that the
23-19 commission give that notice and through which water, into or
23-20 adjacent to which waste or pollutants are to be discharged under
23-21 the permit, flows after the discharge.] The commission, on the
23-22 motion of a commissioner, or on the request of the executive
23-23 director or any affected person, shall hold a public hearing on the
23-24 application for a permit, permit amendment, or renewal of a permit.
23-25 (b) An application to amend a permit to improve the quality
23-26 of waste authorized to be discharged may be set for consideration
23-27 and may be acted on by the commission at a regular meeting without
24-1 the necessity of holding a public hearing if the applicant does not
24-2 seek to increase significantly the quantity of waste authorized to
24-3 be discharged or change materially the pattern or place of
24-4 discharge. Notice of the application shall be mailed as prescribed
24-5 by Subchapter J, Chapter 5 of this code. [to the mayor and health
24-6 authorities for the city or town, and the county judge and health
24-7 authorities for the county, in which the waste is or will be
24-8 discharged, at least 10 days before the commission meeting, and
24-9 they may present information to the commission on the application.]
24-10 (c) An application to renew a permit for a confined animal
24-11 feeding operation which was issued between July 1, 1974, and
24-12 December 31, 1977, may be set for consideration and may be acted on
24-13 by the commission at a regular meeting without the necessity of
24-14 holding a public hearing if the applicant does not seek to
24-15 discharge into or adjacent to water in the state and does not seek
24-16 to change materially the pattern or place of disposal.
24-17 (d) For the purposes of Subsection (a), the commission may
24-18 act on the application without holding a public hearing if notice
24-19 is given as required by Subchapter J, Chapter 5 of this code and no
24-20 timely hearing requests are received. [all of the following
24-21 conditions are met:]
24-22 [(1) not less than 30 days before the date of action
24-23 on the application by the commission, the applicant has published
24-24 the commission's notice of the application at least once in a
24-25 newspaper regularly published or circulated within each county
24-26 where the proposed facility or discharge is located and in each
24-27 county affected by the discharge;]
25-1 [(2) not less than 30 days before the date of action
25-2 on the application by the commission, the applicant has served or
25-3 mailed the commission's notice of the application to persons who in
25-4 the judgment of the commission may be affected, including the
25-5 county judges as required by Subsection (a) of this section. As
25-6 part of his application the applicant shall submit an affidavit
25-7 which lists the names and addresses of the persons who may be
25-8 affected by the application and includes the source of the list;]
25-9 [(3) within 30 days after the date of the newspaper
25-10 publication of the commission's notice, neither a commissioner, the
25-11 executive director, nor an affected person who objects to the
25-12 application has requested a public hearing.]
25-13 Sec. 26.029. Conditions of Permit; Amendment; Revocation and
25-14 Suspension. (Text of section effective until delegation of NPDES
25-15 permit authority.)
25-16 (b) After a public hearing, notice of which shall be given
25-17 as prescribed by Subchapter J, Chapter 5 of this code [to the
25-18 permittee], the commission may require the permittee, from time to
25-19 time, for good cause, to conform to new or additional conditions.
25-20 The commission shall allow the permittee a reasonable time to
25-21 conform to the new or additional conditions, and on application of
25-22 the permittee, the commission may grant additional time.
25-23 (c) A permit does not become a vested right in the
25-24 permittee. After a public hearing, notice of which shall be given
25-25 as prescribed by Subchapter J, Chapter 5 of this code [to the
25-26 permittee], the commission may revoke or suspend a permit for good
25-27 cause on any of the following grounds:
26-1 (1) the permittee has failed or is failing to comply
26-2 with the conditions of the permit;
26-3 (2) the permit is subject to cancellation or
26-4 suspension under Section 26.084 of this code;
26-5 (3) the permit or operations under the permit have
26-6 been abandoned; or
26-7 (4) the permit is no longer needed by the permittee.
26-8 (d) The notice required by Subsections (b) and (c) of this
26-9 section shall be sent as prescribed by Subchapter J, Chapter 5 of
26-10 this code. [to the permittee at his last known address as shown by
26-11 the records of the commission.]
26-12 Sec. 26.029. CONDITIONS OF PERMIT; AMENDMENT; REVOCATION AND
26-13 SUSPENSION. (Text of section effective upon delegation of NPDES
26-14 permit authority.)
26-15 (b) After a public hearing, notice of which shall be given
26-16 as prescribed by Subchapter J, Chapter 5 of this code [to the
26-17 permittee], the commission may require the permittee, from time to
26-18 time, for good cause in conformance with applicable laws, to
26-19 conform to new or additional conditions.
26-20 (c) A permit does not become a vested right in the
26-21 permittee. After a public hearing in conformance with applicable
26-22 laws, notice of which shall be given as prescribed by Subchapter J,
26-23 Chapter 5 of this code [to the permittee], the commission may
26-24 revoke or suspend a permit for good cause on any of the following
26-25 grounds:
26-26 (1) the permittee has failed or is failing to comply
26-27 with the conditions of the permit;
27-1 (2) the permit is subject to cancellation or
27-2 suspension under Section 26.084 of this code;
27-3 (3) the permit or operations under the permit have
27-4 been abandoned;
27-5 (4) the permit is no longer needed by the permittee;
27-6 (5) the commission finds that a change in conditions
27-7 requires elimination of the discharge;
27-8 (6) revocation or suspension is necessary in order to
27-9 maintain the quality of water in the state consistent with the
27-10 objectives of this chapter; or
27-11 (7) the permit was obtained by misrepresentation or
27-12 failure to disclose fully all relevant facts.
27-13 (d) The notice required by Subsections (b) and (c) of this
27-14 section shall be sent as prescribed by Subchapter J, Chapter 5 of
27-15 this code. [to the permittee at his last known address as shown by
27-16 the records of the commission.]
27-17 SECTION 19. Section 27.018(c) Water Code is repealed.
27-18 Sec. 27.018. Hearing on Permit Application. [(c) Before
27-19 the commission begins to hear testimony in a contested case as
27-20 defined by Chapter 2001, Government Code, evidence must be placed
27-21 in the record to demonstrate that proper notice regarding the
27-22 hearing was given to affected persons. If mailed notice to an
27-23 affected person is required, the commission or other party to the
27-24 hearing shall place evidence in the record that notice was mailed
27-25 to the address of the affected person included in the appropriate
27-26 county tax rolls at the time of mailing. For the purposes of this
27-27 subsection, the affidavit of the commission employee responsible
28-1 for the mailing of the notice, attesting to the fact that notice
28-2 was mailed to the address included in the tax rolls at the time of
28-3 mailing, shall be prima facie evidence of proper mailing. The
28-4 commission may not proceed with receipt of testimony in a contested
28-5 case until there is compliance with this subsection.]
28-6 SECTION 20. Sections 361.079, 361.0791, 361.080, 361.081,
28-7 Health and Safety Code, are amended to read as follows:
28-8 Sec. 361.079. Notice Concerning Receipt of Permit
28-9 Application; Hearing Procedures. (a) Except as provided by
28-10 Sections 361.080(b) and 361.081(c), the commission by rule shall
28-11 establish procedures for public notice and a public hearing under
28-12 Section or.
28-13 (b) The hearings shall be conducted in accordance with the
28-14 hearing rules and the applicable provisions of Chapter 2001,
28-15 Government Code.
28-16 (c) To improve the timeliness of notice to the public of a
28-17 public hearing under Section 361.080 or 361.081, public notice of
28-18 receipt of the permit application shall be provided as prescribed
28-19 by Subchapter J, Chapter 5, Water Code. [at the time a permit
28-20 application is submitted to the commission.]
28-21 Sec. 361.0791. Public Meeting and Notice Requirement.
28-22 (a) Notwithstanding other law, the commission shall hold a public
28-23 meeting on an application for a new hazardous waste management
28-24 facility in the county in which the proposed hazardous waste
28-25 management facility is to be located. The commission, on request
28-26 of a person affected or as otherwise required by commission rule,
28-27 shall hold a public meeting on an application for a Class 3
29-1 modification or a major amendment to an existing facility's
29-2 hazardous waste permit.
29-3 (b) Notwithstanding other law, the commission shall hold a
29-4 public meeting on an application for a new municipal solid waste
29-5 management facility in the county in which the proposed municipal
29-6 solid waste management facility is to be located.
29-7 (c) A public meeting held as part of a local review process
29-8 under Section 361.063 meets the requirement of Subsection (a) or
29-9 (b) if notice is provided as required by Subchapter J, Chapter 5,
29-10 Water Code. [this section.]
29-11 (d) A public meeting under this section is not a contested
29-12 case hearing under Chapter 2001, Government Code.
29-13 (e) If a meeting is required under Subsection (a) or (b),
29-14 notice shall be provided as prescribed by Subchapter J, Chapter 5,
29-15 Water Code. [not less than once each week during the three weeks
29-16 preceding a public meeting, the applicant shall publish notice of
29-17 the meeting in the newspaper of the largest general circulation
29-18 that is published in the county in which the proposed facility is
29-19 to be located or, if no newspaper is published in the county, in a
29-20 newspaper of general circulation in the county. The applicant
29-21 shall provide the commission an affidavit certifying that the
29-22 notice was given as required by this section. Acceptance of the
29-23 affidavit creates a rebuttable presumption that the applicant has
29-24 complied with this section.]
29-25 [(f) The published notice may not be smaller than 96.8
29-26 square centimeters or 15 square inches with the shortest dimension
29-27 at least 7.6 centimeters or three inches and shall contain, at a
30-1 minimum, the following information:]
30-2 [(1) the permit application number;]
30-3 [(2) the applicant's name;]
30-4 [(3) the proposed location of the facility; and]
30-5 [(4) the location and availability of copies of the
30-6 permit application.]
30-7 (f) [(g)] The applicant shall pay the cost of notice
30-8 required to be provided under this section. The commission by rule
30-9 may establish procedures for payment of those costs.
30-10 Sec. 361.080. Hearing Concerning Permit Application for
30-11 Hazardous Industrial Solid Waste Facility. (a) A hearing on an
30-12 application for a permit concerning a hazardous industrial solid
30-13 waste facility must include one session held in the county in which
30-14 the facility is located.
30-15 (b) Notice for a hearing session held under this section
30-16 shall be provided in accordance with Section 361.0791 and
30-17 Subchapter J, Chapter 5, Water Code.
30-18 Sec. 361.081. Notice of Hearing Concerning Application for a
30-19 Solid Waste Facility. (a) The commission shall require the
30-20 applicant to mail notice as prescribed by Subchapter J, Chapter 5,
30-21 Water Code. [to each residential or business address located
30-22 within one-half mile of a new solid waste management facility and
30-23 to each owner of real property located within one-half mile of a
30-24 new solid waste management facility listed in the real property
30-25 appraisal records of the appraisal district in which the solid
30-26 waste management facility is sought to be permitted as of the date
30-27 the commission determines the permit application is
31-1 administratively complete. The notice must be sent by mail and
31-2 must be deposited with the United States postal service not more
31-3 than 45 days or less than 30 days before the date of the hearing.]
31-4 [(b) The applicant must certify to the commission that the
31-5 mailings were deposited as required by Subsection (a). Acceptance
31-6 of the certification creates a rebuttable presumption that the
31-7 applicant has complied with this section. Substantial compliance
31-8 with the notice requirements of Subsection (a) is sufficient for
31-9 the commission to exercise jurisdiction over an application for a
31-10 solid waste facility.]
31-11 (b) [(c)] In addition to the requirements of Subsection (a),
31-12 the commission shall hold a public meeting and the applicant shall
31-13 give notice concerning the application for a permit for a new
31-14 hazardous waste management facility as provided by Section 361.0791
31-15 and Subchapter J, Chapter 5, Water Code.
31-16 SECTION 21. Sections 382.031, 382.056, 382.0561, 382.0562
31-17 and 382.058, Health and Safety Code, are amended to read as
31-18 follows:
31-19 Sec. 382.031. Notice of Hearings. (a) Notice of a hearing
31-20 under this chapter shall be published as prescribed by Subchapter
31-21 J, Chapter 5, Water Code. [at least once in a newspaper of general
31-22 circulation in the municipality in which the facility is located or
31-23 is proposed to be located or in the municipality nearest to the
31-24 location or proposed location of the facility. The notice must be
31-25 published not less than 30 days before the date set for the
31-26 hearing.]
31-27 [(b) Notice of the hearing must describe briefly and in
32-1 summary form the purpose of the hearing and the date, time, and
32-2 place of the hearing.]
32-3 [(c) If notice of the hearing is required by this chapter to
32-4 be given to a person, the notice shall be served personally or
32-5 mailed to the person at the person's most recent address known to
32-6 the commission not less than 30 days before the date set for the
32-7 hearing. If the party is not an individual, the notice may be
32-8 given to an officer, agent, or legal representative of the party.]
32-9 (b) [(d)] The hearing body shall conduct the hearing at the
32-10 time and place stated in the notice. The hearing body may continue
32-11 the hearing from time to time and from place to place without the
32-12 necessity of publishing, serving, mailing, or otherwise issuing new
32-13 notice. If a hearing is continued and a time and place for the
32-14 hearing to reconvene are not publicly announced by the hearing body
32-15 at the hearing before it is recessed, a notice of any further
32-16 setting of the hearing shall be served personally or mailed in the
32-17 manner prescribed by Subchapter J, Chapter 5, Water Code,
32-18 [Subsection (c)] at a reasonable time before the new setting, but
32-19 it is not necessary to publish a newspaper notice of the new
32-20 setting. In this subsection, "hearing body" means the individual
32-21 or individuals that hold a hearing under this section.
32-22 (c) [(e)] This section applies to all hearings held under
32-23 this chapter except as otherwise specified by Section 382.017,
32-24 382.026, or 382.063.
32-25 Sec. 382.056. Notice of Intent to Obtain Permit or Permit
32-26 Review; Hearing. (a) An applicant for a permit under Section
32-27 382.0518 or 382.054 or a permit renewal review under Section
33-1 382.055 shall publish notice of intent to obtain the permit or
33-2 permit review as prescribed by Subchapter J, Chapter 5, Water Code.
33-3 The commission by rule may require an applicant for a federal
33-4 operating permit to publish notice of intent to obtain a permit or
33-5 permit review consistent with federal requirements and with the
33-6 requirements of this section. The applicant shall publish the
33-7 notice as prescribed by Subchapter J, Chapter 5, Water Code. [at
33-8 least once in a newspaper of general circulation in the
33-9 municipality in which the facility or federal source is located or
33-10 is proposed to be located or in the municipality nearest to the
33-11 location or proposed location of the facility or federal source.
33-12 If the elementary or middle school nearest to the facility or
33-13 proposed facility provides a bilingual education program as
33-14 required by Section 21.109, Education Code, and Section 19 TAC
33-15 Subsection 89.2(a), the applicant shall also publish the notice at
33-16 least once in an additional publication of general circulation in
33-17 the municipality or county in which the facility is located or
33-18 proposed to be located that is published in the language taught in
33-19 the bilingual education program. This requirement is waived if
33-20 such a publication does not exist or if the publisher refuses to
33-21 publish the notice.] The commission by rule shall prescribe when
33-22 notice must be published and may require publication of additional
33-23 notice. Notice required to be published under this section shall
33-24 only be required to be published in the United States.
33-25 [(b) The notice must include:]
33-26 [(1) a description of the location or proposed
33-27 location of the facility or federal source;]
34-1 [(2) a statement that a person who may be affected by
34-2 emissions of air contaminants from the facility, proposed facility,
34-3 or federal source is entitled to request a hearing from the
34-4 commission;]
34-5 [(3) a description of the manner in which the
34-6 commission may be contacted for further information; and]
34-7 [(4) any other information the commission by rule
34-8 requires.]
34-9 [(c) At the site of a facility, proposed facility, or
34-10 federal source for which an applicant is required to publish notice
34-11 under this section, the applicant shall place a sign declaring the
34-12 filing of an application for a permit or permit review for a
34-13 facility at the site and stating the manner in which the commission
34-14 may be contacted for further information. The commission shall
34-15 adopt any rule necessary to carry out this subsection.]
34-16 (b) [(d)] Except as provided by Section 382.0561 or
34-17 Subsection (c) [(e)], the commission or its delegate shall hold a
34-18 public hearing on the permit application or permit renewal
34-19 application before granting the permit or renewal if a person who
34-20 may be affected by the emissions, or a member of the legislature
34-21 from the general area in which the facility or proposed facility is
34-22 located, requests a hearing within the period set by commission
34-23 rule. The commission shall not hold a hearing if the basis of a
34-24 request by a person who may be affected is determined to be
34-25 unreasonable. Reasons for which a request for a hearing on a
34-26 permit amendment, modification, or renewal shall be considered to
34-27 be unreasonable include, but are not limited to, an amendment,
35-1 modification, or renewal that would not result in an increase in
35-2 allowable emissions and would not result in the emission of an air
35-3 contaminant not previously emitted.
35-4 (c) [(e)] Notwithstanding other provisions of this chapter,
35-5 the commission may hold a hearing on a permit amendment,
35-6 modification, or renewal if the commission [board] determines that
35-7 the application involves a facility for which the applicant's
35-8 compliance history contains violations which are unresolved and
35-9 which constitute a recurring pattern of egregious conduct which
35-10 demonstrates a consistent disregard for the regulatory process,
35-11 including the failure to make a timely and substantial attempt to
35-12 correct the violations.
35-13 Sec. 382.0561. Federal Operating Permit: Hearing.
35-14 (a) Public hearings on applications for issuance, revision,
35-15 reopening, or renewal of a federal operating permit shall be
35-16 conducted under this section only and not under Chapter 2001,
35-17 Government Code.
35-18 (b) On determination that an application for a federal
35-19 operating permit under Sections 382.054-382.0542 or a renewal of a
35-20 federal operating permit under Section 382.0543 is administratively
35-21 complete and before the beginning of the public comment period, the
35-22 commission or its designee shall prepare a draft permit.
35-23 (c) The commission or its designee shall hold a public
35-24 hearing on a federal operating permit, a reopening of a federal
35-25 operating permit, or renewal application before granting the permit
35-26 or renewal if within the public comment period a person who may be
35-27 affected by the emissions or a member of the legislature from the
36-1 general area in which the facility is located requests a hearing.
36-2 The commission or its designee is not required to hold a hearing if
36-3 the basis of the request by a person who may be affected is
36-4 determined to be unreasonable.
36-5 (d) The following shall be available for public inspection
36-6 in at least one location in the general area where the facility is
36-7 located:
36-8 (1) information submitted by the application, subject
36-9 to applicable confidentiality laws;
36-10 (2) the executive director's analysis of the proposed
36-11 action; and
36-12 (3) a copy of the draft permit.
36-13 (e) The commission or its designee shall hold a public
36-14 comment period on a federal operating permit application, a federal
36-15 operating permit reopening application, or a federal operating
36-16 permit renewal application under Sections 382.054-382.0542 or
36-17 382.0543. Any person may submit a written statement to the
36-18 commission during the public comment period. The commission or its
36-19 designee shall receive public comment for 30 days after the date on
36-20 which notice of the public comment period is published. The
36-21 commission or its designee may extend or reopen the comment period
36-22 if the executive director finds an extension or reopening to be
36-23 appropriate.
36-24 (f) Notice of the public comment period and opportunity for
36-25 a hearing under this section shall be published in accordance with
36-26 Section 382.056 and as prescribed by Subchapter J, Chapter 5, Water
36-27 Code.
37-1 (g) Any person may submit an oral or written statement
37-2 concerning the application at the hearing. The individual holding
37-3 the hearing may set reasonable limits on the time allowed for oral
37-4 statements at the hearing. The public comment period extends to
37-5 the close of the hearing and may be further extended or reopened if
37-6 the commission or its designee finds an extension or reopening to
37-7 be appropriate.
37-8 (h) Any person, including the applicant, who believes that
37-9 any condition of the draft permit is inappropriate or that the
37-10 preliminary decision of the commission or its designee to issue or
37-11 deny a permit is inappropriate must raise all reasonably
37-12 ascertainable issues and submit all reasonably available arguments
37-13 supporting that position by the end of the public comment period.
37-14 (i) The commission or its designee shall consider all
37-15 comments received during the public comment period and at the
37-16 public hearing in determining whether to issue the permit and what
37-17 conditions should be included if a permit is issued.
37-18 Sec. 382.0562. Notice of Decision. (a) The commission or
37-19 its designee shall send notice of a proposed final action on a
37-20 federal operating permit as prescribed by Subchapter J, Chapter 5,
37-21 Water Code [by first-class mail to the applicant and all persons
37-22 who comment during the public comment period or at the public
37-23 hearing. The notice shall include a response to any comment
37-24 submitted during the public comment period and shall identify any
37-25 change in the conditions of the draft permit and the reasons for
37-26 the change.]
37-27 [(b) The notice required by Subsection (a) shall:]
38-1 [(1) state that any person affected by the decision of
38-2 the commission or its designee may petition the administrator in
38-3 accordance with Section 382.0563 and rules adopted under that
38-4 section;]
38-5 [(2) state the date by which the petition must be
38-6 filed; and]
38-7 [(3) explain the petition process].
38-8 Sec. 382.058. Limitation on Commission Exemption for
38-9 Construction of Certain Concrete Plants. (a) A person may not
38-10 begin construction on any concrete plant that performs wet
38-11 batching, dry batching, or central mixing under an exemption
38-12 adopted by the commission under Section 382.057 unless the person
38-13 has complied with the notice and opportunity for hearing provisions
38-14 under Section 382.056 and Subchapter J, Chapter 5, Water Code.
38-15 (b) This section does not apply to a concrete plant located
38-16 temporarily in the right-of-way, or contiguous to the right-of-way,
38-17 of a public works project.
38-18 (c) For purposes of this section, only those persons
38-19 actually residing in a permanent residence within 440 yards of the
38-20 proposed plant may request a hearing under Section 382.056(d) as a
38-21 person who may be affected.
38-22 SECTION 22. Sections 401.114 and 401.116, Health and Safety
38-23 Code, are amended to read as follows:
38-24 Sec. 401.114. NOTICE AND HEARING. (a) Before the
38-25 department or commission, within its jurisdiction, grants or renews
38-26 a license to process or dispose of radioactive waste from other
38-27 persons, the agency shall give notice as prescribed by Subchapter
39-1 J, Chapter 5, Water Code and shall provide an opportunity for a
39-2 public hearing in the manner provided by the agency's formal
39-3 hearing procedure and Chapter 2001, Government Code.
39-4 (b) In addition to other notice, the agency shall publish
39-5 notice of the hearing in the manner provided by Chapter 313,
39-6 Government Code, in the county in which the proposed facility is to
39-7 be located. The notice shall state the subject and the time,
39-8 place, and date of the hearing.
39-9 (c) The agency shall mail notice as prescribed by Subchapter
39-10 J, Chapter 5, Water Code. [by certified mail in the manner
39-11 provided by the agency's rules, written notice to each person who
39-12 owns property adjacent to the proposed site. The notice must be
39-13 mailed not later than the 31st day before the date of the hearing
39-14 and must include the same information that is in the published
39-15 notice. If true, the agency or the applicant must certify that the
39-16 notice was mailed as required by this subsection, and at the
39-17 hearing the certificate is conclusive evidence of the mailing.]
39-18 Sec. 401.116. License Amendment. (a) An amendment to a
39-19 license to process or dispose of radioactive waste from other
39-20 persons may take effect immediately.
39-21 (b) The department or commission, as appropriate, shall
39-22 publish notice of the license amendment as prescribed by Subchapter
39-23 J, Chapter 5, Water Code. [once in the Texas Register and in a
39-24 newspaper of general circulation in the county in which the
39-25 licensed activity is located and shall give notice to any person
39-26 who has notified the agency, in advance, of the desire to receive
39-27 notice of proposed amendment of the license.]
40-1 [(c) Notice under this section must include:]
40-2 [(1) the identity of the license holder;]
40-3 [(2) identification of the license; and]
40-4 [(3) a short and plain statement of the license
40-5 amendment's substance.]
40-6 (c) [(d) The agency shall give notice and hold a hearing to
40-7 consider the license amendment if a person affected files a written
40-8 complaint with the agency before the 31st day after the date on
40-9 which notice is published under Subsection (b).] The agency shall
40-10 give notice of the hearing as provided by Section 401.114 and
40-11 Subchapter J, Chapter 5, Water Code.
40-12 SECTION 23. This Act takes effect September 1, 1997.
40-13 SECTION 24. The importance of this legislation and the
40-14 crowded condition of the calendars in both houses create an
40-15 emergency and an imperative public necessity that the
40-16 constitutional rule requiring bills to be read on three several
40-17 days in each house be suspended, and this rule is hereby suspended.