Section 4.125 - [Effective 7/1/2025] Notice and Opportunity to Protest(a) Purpose. Applicants are encouraged to engage with their communities early in the waste facility planning process to inform the community of the plan to construct a 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 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 facility will be located;(2) the surface owners of tracts adjacent to the tract on which the facility will be located;(3) the surface owners of tracts located within 500 feet of the facility's fence line or boundary, even if the surface owner's tract is not adjacent to the tract on which the facility is located;(4) the city clerk or other appropriate city official if any part of the tract on which the facility will be located lies within the municipal boundaries of the city;(5) the Commission's District Office; and(6) 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 facility will be located;(D) the location of the tract on which the proposed 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 fluid or waste to be managed at the facility;(F) 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;(G) a statement that a protest shall include the protestant's name, mailing address, telephone number, and email address;(H) 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;(I) the definition of "affected person" pursuant to §4.110 of this title (relating to Definitions); and(J) the signature of the operator, or representative of the operator, and the date the letter was signed.(4) If the Director determines that the applicant, after diligent efforts, has been unable to ascertain the name and address of one or more persons required by this section to be notified, then the Director may authorize the applicant to notify such persons by publishing notice of the application in accordance with the procedure and contents required by §4.141 of this title (relating to Additional Notice Requirements for Commercial Facilities). The Director will consider the applicant to have made diligent efforts to ascertain the names and addresses of surface owners required to be notified if the applicant has examined the current county tax rolls and investigated other reliable and readily available sources of information.(e) Proof of notice. (1) 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:(A) a copy of the signed and dated letters required by subsection (d)(3) of this section;(B) the registered or certified mail receipts; and(C) a map showing the property boundaries, surface owner names, and parcel numbers of all notified parties.(2) If the Director authorizes notice by publication in accordance with subsection (d)(4) of this section, the applicant shall provide the following as proof of notice: (A) 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(B) the tear sheets for each published notice.(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 or within 30 calendar days of the last date of publication, whichever is later.(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 § 4.125
Adopted by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0076, eff. 7/1/2025