Sec. 5.553. PRELIMINARY DECISION; NOTICE AND PUBLIC COMMENT. (a) The executive director shall conduct a technical review of and issue a preliminary decision on the application.
(b) The applicant shall publish notice of the preliminary decision in a newspaper.
(c) The commission by rule shall establish the form and content of the notice, the manner of publication, and the duration of the public comment period. The notice must include:
(1) the information required by Sections 5.552(c)(1)-(5);
(2) a summary of the preliminary decision;
(3) the location at which a copy of the preliminary decision is available for review and copying as provided by Subsection (e);
(4) a description of the manner in which comments regarding the preliminary decision may be submitted; and
(5) any other information the commission by rule requires.
(d) In addition to providing notice under this section, the applicant shall comply with any applicable public notice requirements under Chapters 26 and 27 of this code, Chapter 361, Health and Safety Code, and rules adopted under those chapters.
(e) The applicant shall make a copy of the preliminary decision available for review and copying at a public place in the county in which the facility is located or proposed to be located.
Added by Acts 1999, 76th Leg., ch. 1350, Sec. 2, eff. Sept. 1, 1999.
Structure Texas Statutes
Title 2 - Water Administration
Subtitle A - Executive Agencies
Chapter 5 - Texas Commission on Environmental Quality
Subchapter M. Environmental Permitting Procedures
Section 5.551. Permitting Procedures; Applicability
Section 5.552. Notice of Intent to Obtain Permit
Section 5.553. Preliminary Decision; Notice and Public Comment
Section 5.555. Response to Public Comments
Section 5.5553. Notice of Draft Permit
Section 5.556. Request for Reconsideration or Contested Case Hearing