Section 4.278 - [Effective 7/1/2025] General Permit Application Requirements for a Stationary Commercial Fluid Recycling Facility(a) An application for a permit for a stationary commercial fluid recycling facility shall be filed with the Technical Permitting Section on a Commission prescribed form, and on the same day the applicant shall mail or deliver a copy of the application to the Commission District Office for the county in which the facility is to be located. The Technical Permitting Section shall not administratively begin final review of an application unless the Director has determined that the application is complete in accordance with § 1.201(b) of this title (relating to Time Periods for Processing Applications and Issuing Permits Administratively).(b) The permit application shall contain the applicant's name; organizational report number; physical office address and, if different, mailing address; facility address; telephone number; and the name of a contact person.(c) The permit application shall contain information addressing each applicable application requirement of this division and all information necessary to initiate the final review by the Director. The Director shall neither administratively approve an application nor refer an application to hearing unless the Director has determined that the application is administratively complete. If the Director determines that an application is incomplete, the Director shall notify the applicant in writing and shall describe the specific information required to complete the application. (1) An applicant may make no more than two supplemental filings to complete an application.(2) After the second supplemental submission, if the application is complete, the Director shall act on the application. The Director's action on the application shall be: (A) approval if the application meets the requirements of this division and the application has not been protested; (B) referral to the Hearings Division if the application meets the requirements of this division and the application has been protested; or(C) denial if the application does not meet the requirements of this division.(3) If after the second supplemental submission the application is still incomplete, the Director shall administratively deny the application. An application that was administratively denied may be refiled with the Commission on a Commission prescribed form and shall contain all information necessary to initiate the final review by the Director.(4) The Director shall notify the applicant in writing of the administrative decision and, in the case of an administrative denial, the applicant's right to request a hearing on the application as it stands at the time of administrative denial.(d) The Director shall approve or deny a complete application for a permit issued under this division that does not include a request for an exception to the requirements of this division not later than the 90th day after the date the complete application was received by the Commission, unless a protest is filed with the Commission, in which case the Commission may extend the amount of time to approve or deny the application in order to allow for a public hearing on the application pursuant to Chapter 1 of this title (relating to Practice and Procedure). If the Director does not approve or deny the application before that date, the permit application is considered approved and the applicant may operate under the terms specified in the application for a period of one year.(e) The permit application shall contain the following certification signed and dated by an authorized representative of the applicant: "I certify that I am authorized to make this application, that this application was prepared by me or under my supervision and direction, and that the data and facts stated herein are true, correct, and complete to the best of my knowledge."(f) A person shall file electronically any form or application for which the Commission has provided an electronic version or an electronic filing system or by hard copy if no digital format acceptable to the Commission has been enacted. The operator or person shall comply with all requirements, including but not limited to fees and security procedures, for electronic filing.16 Tex. Admin. Code § 4.278
The provisions of this §4.278 adopted to be effective April 15, 2013, 38 TexReg 2334; Amended by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0098, eff. 7/1/2025