SECTION 4.207. Protests and Hearings

(a) If a person who receives notice or other affected person files a proper protest with the Commission, the director shall give the applicant written notice of the protest and of the applicant's right to either request a hearing on the application or withdraw the application. The applicant shall have 30 days from the date of the director's notice to respond, in writing, by either requesting a hearing or withdrawing the application. In the absence of a timely written response from the applicant, the director shall consider the application to have been withdrawn.

(b) Even if there is no protest filed, the director may refer an application to a hearing if the director determines that a hearing is in the public interest. In determining whether a hearing is in the public interest, the director will consider the characteristics and volume of oil and gas waste to be stored, handled and treated at the facility; the potential risk posed to surface and subsurface water; and any other factor identified in this subchapter relating to siting, construction, and operation of the facility.

(c) Before a hearing on a permit application for a commercial recycling facility, the Commission shall provide notice of the hearing to all affected persons, and other persons or governmental entities who express, in writing, an interest in the application.

Source Note: The provisions of this §4.207 adopted to be effective April 15, 2013, 38 TexReg 2334