Notice Instructions for Commercial Surface Disposal Facility Permit Applications
Notice Instructions for Commercial Surface Disposal Facility Permit Applications as Required By §§ 91.116 and 91.117 of the Texas Natural Resources Code (HB 480) Effective 9/1/99
Effective on September 1, 1999, new § 91.116 in the Texas Natural Resources Code requires a person who files an application for a permit for a commercial surface disposal facility to publish notice of the application in a newspaper of general circulation in the county in which the proposed disposal would occur. New § 91.117 also requires the staff of the Commission to conduct a public meeting to receive public comment on an application for a commercial surface disposal facility if the Commission determines a public meeting is in the public interest.
Notice shall be published in accordance with § 91.116 as specified below:
- The notice must include:
- the date the application was filed;
- a description of the location of the site for which the application was made, including the county in which the site is located, the name of the original survey and abstract number, and the direction and distance from the nearest municipality;
- the name of the owner of the site;
- the name of the applicant;
- the type of fluid or waste to be disposed of at the facility;
- the disposal method proposed; and
- the procedure for protesting the application.
- It is recommended that the attached form for publication be used.
- The notice must be published:
- at least once each week for two consecutive weeks (one week if it is for a Reclamation Plant not requiring a permit under Statewide Rule 8) with the first publication occurring not earlier than the date the application is filed and not later than the 30th day after the date on which the application is filed; and
- in a newspaper of general circulation in the county in which the proposed disposal would occur.
You must furnish proof of public notice. Proof of publication of the notice shall consist tear sheets of the published notice. Acceptable "tear sheets" include the full page from the newspaper in which the notice appeared (photocopies or clippings are not acceptable) or "digital tear sheets" provided by the newspaper which show the full page layout.
In addition, you must provide a sworn 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 (it is recommended that the attached affidavit of publication form be used.)
See application information for additional notice requirements for commercial surface disposal facilities.
Adjacent Landowner Notice
Adjacent landowners must be notified for any commercial environmental permit, excluding On-Lease Commercial Solid Oil and Gas Waste Recycling permits. Often, the proposed facility boundary is smaller than the surface owner’s tract of land. However, you may still need to notify landowners that are adjacent to the surface owner even if their land is not directly adjacent to the facility boundary.
The applicant is required to notify the surface owners of tracts adjoining the tract on which the proposed facility will be located, unless the boundary with the adjoining tract is a distance of ½ mile or greater from the fence line or edge of the facility. If the surface owner of the tract on which the facility will be located owns the land at least ½ mile in every direction from the facility boundary, then the applicant is only required to notify that surface owner.
Notification for each adjacent landowner must include a complete copy of the application and instructions on how to protest the application.
This clarification does not supersede any RRC rules and does not apply to Reclamation Plants. However, if a Reclamation Plant is collocated with other permitted facilities that would require adjacent landowner notification, then those requirements supersede and adjacent landowners must be notified. Note that if an Application for Permit to Operate a Reclamation Plant (Form R-9) is being submitted with a larger facility application, a copy of the permit application must be mailed or delivered to the county clerk of the county of the facility, as required by Statewide Rule 57(c)(2).