Section 4.141 - [Effective 7/1/2025] Additional Notice Requirements for Commercial Facilities(a) In addition to the notice requirements detailed in §4.125 of this title (relating to Notice and Opportunity to Protest), an applicant for a commercial facility permit shall also provide notice by publication. (b) The permit applicant shall publish notice of the application in a newspaper of general circulation in the county in which the proposed facility will be located at least once each week for two consecutive weeks, with the first publication occurring not earlier than the date staff determines that an application is complete pursuant to § 1.201(b) of this title (relating to Time Periods for Processing Applications and Issuing Permits Administratively) but before the final review is completed. (c) The published notice shall: (1) be entitled "Notice of Application for Commercial Oil and Gas Waste Facility" if the proposed facility is a commercial facility; (2) provide the date the applicant filed the application with the Commission; (3) identify the name of the applicant; (4) provide the location of the tract on which the proposed facility will be located including the legal description of the property, latitude/longitude coordinates of the proposed facility, county, name of the original survey and abstract number, and location and distance in relation to the nearest municipality or community; (5) identify the owner or owners of the property on which the proposed facility will be located; (6) identify the type of fluid or solid waste to be managed at the facility; (7) identify the proposed disposal, treatment, or storage method; (8) state that affected persons may protest the application by filing a protest with the Commission within 30 calendar days of the last date of publication; (9) include the definition of "affected person" pursuant to §4.110 of this title (relating to Definitions); and (10) provide the address to which protests shall be mailed. If the Commission implements an electronic means for filing protests, then the location to instructions for electronic submittal shall be included. (d) The applicant shall submit to the Commission proof that notice was published as required by this section. Proof of publication shall consist of: (1) an affidavit from the newspaper publisher that states the dates on which the notice was published and the county or counties in which the newspaper is of general circulation; and (2) the tear sheets for each published notice.16 Tex. Admin. Code § 4.141
Adopted by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0080, eff. 7/1/2025