(a) If the chief clerk prepares a newspaper notice that is
required by this chapter and the applicant does not cause the notice to be
published within 30 days of receipt of the notice from the chief clerk, the
chief clerk may cause the notice to be published and the applicant shall reimburse
the agency for the cost of publication within 30 days of publication.
(b) The chief clerk may require the applicant to provide necessary
mailing lists in electronic form.
(c) When this chapter requires notice by mail, notice by hand
delivery may be substituted. Mailing is complete upon deposit of the document,
enclosed in a prepaid, properly addressed wrapper, in a post office or official
depository under the care and custody of the United States Postal Service.
If hand delivery is by courier-receipted delivery, the delivery is complete
upon the courier taking possession.
(d) Unless otherwise provided in this chapter, public notice
requirements apply to applications for initial permits or applications for
the amendment, modification, or renewal of permits.
(e) If an applicant submits more than one application for a
facility, notice may be combined to satisfy more than one section of this
(f) When this chapter requires an applicant to publish notice,
the applicant must file an affidavit with the chief clerk certifying facts
that constitute compliance with the requirement. The deadline to file the
affidavit is the day of the public meeting for notice of public meeting, two
days before a public hearing for notice of a public hearing, and 30 days after
the last publication for other published notices. For notice of a public meeting,
the applicant must also submit the affidavit to the executive director no
later than the day of the public meeting. Filing an affidavit certifying facts
that constitute compliance with notice requirements creates a rebuttable presumption
of compliance with the requirement to publish notice.
(g) When this chapter requires notice to be published according
to this subsection, the applicant shall publish notice in a newspaper of the
largest general circulation that is published in the county in which the facility
is located or proposed to be located. If a newspaper is not published in the
county, the notice must be published in a newspaper of general circulation
in the county in which the facility is located or proposed to be located.
If a newspaper is not published in the county, and the application concerns
an application for a new or amended municipal solid waste permit, and publication
of notice of intent, notice of draft permit, or notice of hearing, then the
applicant shall publish notice in a newspaper of the largest general circulation
in the county in which the facility is located or proposed to be located and
in a newspaper of circulation in the immediate vicinity in which the facility
is located or proposed to be located, and such notice may be satisfied by
one publication if the publishing newspaper meets both circulation requirements.
(h) When this chapter requires notice be broadcast according
to this subsection, the applicant shall broadcast notice of the application
on one or more local radio stations that broadcast to an area that includes
all of the county in which the facility is located. The executive director
may require that the broadcasts be made to an area that also includes contiguous
Source Note: The provisions of this §39.5 adopted to be effective January 8, 1997, 21 TexReg 12550; amended to be effective June 5, 1997, 22 TexReg 4578; amended to be effective December 10, 1998, 23 TexReg 12426; amended to be effective June 17, 1999, 24 TexReg 4426; amended to be effective September 14, 2000, 25 TexReg 8857