(a) Public notice is not required if an applicant for a reclaimed water production facility qualifies for an enhanced buffer zone designation in accordance with §321.317(d) of this title (relating to Buffer Zone Requirements).
(b) An applicant for a reclaimed water production facility that does not qualify for an enhanced buffer zone designation shall place a sign at the proposed site during the public comment period as defined in subsection (c)(3) of this section.
  (1) The sign must include no less than two-inch, black, block-lettering on a white background. The sign must include the following information:
    (A) the legal name and address of the applicant;
    (B) notice that the applicant has applied for authorization to construct a reclaimed water production facility at the site;
    (C) how the public may provide comments to the TCEQ; and
    (D) where copies of the application, executive director's technical summary, and draft authorization may be reviewed.
  (2) The sign placed at the site shall be located at or near the site main entrance, provided that the sign is legible from the public street. If the sign would not be legible from the public street, then the sign shall be placed within ten feet of a property line paralleling a public street.
    (A) The executive director may approve variations if the applicant has demonstrated that it is not practical to comply with the specific sign-posting requirements.
    (B) Alternative sign-posting plans proposed by the applicant must be at least as effective in providing notice to the public.
    (C) The executive director must approve the variations before signs are posted.
(c) An applicant for a reclaimed water production facility that does not qualify for an enhanced buffer zone designation shall publish notice of the executive director's preliminary determination on the application at least once in a newspaper of general circulation in the county where the reclaimed water production facility is located or adopted to be located. The notice shall be published at the applicant's expense.
  (1) The applicant must publish notice no later than 30 days after receiving instructions to publish notice from the Texas Commission on Environmental Quality's (TCEQ's) Office of the Chief Clerk. The notice must include:
    (A) the legal name of the applicant and the address of the applicant;
    (B) a brief summary of the information included in the application;
    (C) the location of the reclaimed water production facility;
    (D) the location and mailing address where the public may provide comments to the TCEQ;
    (E) the public location or the publicly accessible internet Web site where copies of the application, executive director's technical summary, and authorization may be reviewed;
    (F) an opportunity for the public to submit comments on the application and executive director's technical summary; and
    (G) instructions to the public on how to request a public meeting for a new reclaimed water production facility.
  (2) The applicant must file with the Office of the Chief Clerk no later than 30 days after receiving the instruction to publish the notice of the executive director's preliminary determination on the application, and if applicable the notice of public meeting:
    (A) a signed affidavit from the publisher acknowledging that the notice was published and the date of publication; and
    (B) a copy of the newspaper clipping.
  (3) The public comment period begins on the first date the notice is published and ends 30 days later unless a public meeting is held. If a public meeting is held, the public comment period ends either 30 days after the initial notice is published or at the conclusion of the public meeting, whichever is later.
  (4) The public may submit written comments to the Office of the Chief Clerk during the comment period detailing how the application for the reclaimed water production facility fails to meet the technical requirements or conditions of this rule. The executive director will consider all comments received during the comment period.
  (5) The public may submit a written request for a public meeting to the Office of the Chief Clerk during the comment period.
    (A) The executive director will determine if there is significant interest to hold a public meeting.
    (B) If the executive director determines that there is significant interest to hold a public meeting:
      (i) TCEQ staff will facilitate the meeting; and
      (ii) the applicant will:
        (I) arrange accommodations for the public meeting to be held in the county where the reclaimed water production facility will be located; and
        (II) publish notice of the public meeting in the same newspaper as the initial notice was published at least 30 days prior to the meeting.
      (iii) At the public meeting the applicant will:
        (I) describe the adopted reclaimed water production facility and provide maps and other facility data; and
        (II) provide a sign-in sheet for attendees to register their names and addresses and furnish the sheet to the executive director.
    (B) A public meeting held under this rule is not an evidentiary proceeding.
  (6) The TCEQ Office of the Chief Clerk will mail the executive director's decision and final technical summary on which the decision was based to the applicant, persons whose names and addresses appear legibly on the sign-in sheet from the public meeting, and persons who submitted written comments.

Source Note: The provisions of this §321.319 adopted to be effective November 27, 2008, 33 TexReg 9507