Section 4.238 - [Effective 7/1/2025] Notice(a) Purpose. Applicants are encouraged to engage with their communities early in the commercial recycling facility planning process to inform the community of the plan to construct an off-lease or centralized commercial solid oil and gas waste recycling facility and allow those who may be affected by the proposed activities to express their concerns. The purpose of the notice required by this section is to inform notice recipients: (1) that an applicant has filed a permit application with the Commission, seeking authorization to conduct an activity or operate a facility; and(2) of the requirements for filing a protest if an affected person seeks to protest the permit application.(b) Timing of notice. The applicant shall provide notice after staff determines that an application for an off-lease or centralized commercial solid oil and gas waste recycling facility is complete pursuant to § 1.201(b) of this title (relating to Time Periods for Processing Applications and Issuing Permits Administratively). The date notice is completed begins a 30-day period in which an affected person may file a protest of the application with the Commission.(c) Notice recipients. The applicant shall provide notice to:(1) the surface owners of the tract on which the commercial recycling facility will be located;(2) the surface owners of tracts located within a distance of 1/2-mile from the fence line or edge of the facility as shown on the plat required under § 4.233(b) of this title (relating to Minimum Real Property Information) of the facility's fence line or boundary, even if the surface owner's tract is not adjacent to the tract on which the commercial recycling facility is located;(3) the city clerk or other appropriate city official if any part of the tract on which the commercial recycling facility will be located lies within the municipal boundaries of the city;(4) the Commission's District Office; and(5) any other person or class of persons that the Director determines should receive notice of an application.(d) Method and contents of notice. Unless otherwise specified in this subchapter, the applicant shall provide direct notice to the persons specified in subsection (c) of this section as follows.(1) The applicant shall provide notice by registered or certified mail. Notice is completed upon deposit of the document postpaid and properly addressed to the person's last known address with the United States Postal Service.(2) The notice of the permit application shall consist of a complete copy of the application and any attachments. The copy shall be of the application and attachments after staff determines the application is complete pursuant to § 1.201(b) of this title but before the final review is completed.(3) The notice shall include a letter that contains:(A) the name of the applicant;(B) the date of the notice;(C) the name of the surface owners of the tract on which the proposed commercial recycling facility will be located;(D) the location of the tract on which the proposed commercial recycling facility will be located including a legal description of the tract, latitude/longitude coordinates of the proposed facility, county, original survey, abstract number, and the direction and distance from the nearest municipality or community;(E) the types of solids to be recycled at the commercial recycling facility;(F) the recycling method proposed and the proposed end-use of the recycled material;(G) a statement that an affected person may protest the application by filing a written protest with the Commission within 30 calendar days of the date notice is completed;(H) a statement that a protest shall include the protestant's name, mailing address, telephone number, and email address;(I) the address to which protests may be mailed or the location and instructions for electronic submittal of a protest if the Commission implements an electronic means for filing protests;(J) the definition of "affected person" pursuant to §4.110 of this title (relating to Definitions); and(K) the signature of the operator, or representative of the operator, and the date the letter was signed.(4) If the Director finds that a person to whom the applicant was required to give notice of an application has not received such notice, then the Director shall not take action on the application until the applicant has made reasonable efforts to give such person notice of the application and an opportunity to file a protest to the application with the Commission.(e) Proof of notice. After the applicant provides the notice required by this section, the applicant shall submit to the Commission proof of delivery of notice which shall consist of: (1) a copy of the signed and dated letters required by subsection (d)(3) of this section;(2) the registered or certified mail receipts; and(3) a map showing the property boundaries, surface owner names, and parcel numbers of all notified parties.(f) Protest process. Any statement of protest to an application must be filed with the Commission within 30 calendar days from the date notice is completed or from the last date of publication if notice by publication is authorized by the Director. (1) The Technical Permitting Section shall notify the applicant if the Commission receives an affected person's timely protest. A timely protest is a written protest date-stamped as received by the Commission within 30 calendar days of the date notice is completed.(2) The applicant shall have 30 days from the date of the Technical Permitting Section's notice of receipt of protest to respond, in writing, by either requesting a hearing or withdrawing the application. If the applicant fails to timely file a written response, the Technical Permitting Section shall consider the application to have been withdrawn.(3) The Technical Permitting Section shall refer all protested applications to the Hearings Division if a timely protest is received and the applicant requests a hearing.(4) The Commission shall provide notice of any hearing convened under this subsection to all affected persons and persons who have requested notice of the hearing.(5) If the Director has reason to believe that a person entitled to notice of an application has not received notice as required by this section, then the Technical Permitting Section shall not take action on the application until notice is provided to such person.(6) The Commission may issue a permit if no timely protests from affected persons are received.16 Tex. Admin. Code § 4.238
The provisions of this §4.238 adopted to be effective April 15, 2013, 38 TexReg 2334; Amended by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0091, eff. 7/1/2025