SECTION 328.69. Public Notice of Intent to Operate

(a) Scrap tire storage sites that are registered with the executive director shall publish notice in the county where they intend to store used or scrap tires or tire pieces before beginning operation. Notice shall be published in a newspaper of general circulation. Subject to executive director approval, a variance to the public notice requirement may be requested provided that similar notice has been published within the previous 12-month period and that the notice was associated with activities under the jurisdiction of this subchapter.

(b) Scrap tire facilities that are registered with the executive director and have submitted an application amendment to request a variance from the 8,000 square feet pile size shall publish notice of intent to increase the pile size in accordance with this section.

(c) The notice of intent published by the scrap tire storage site owner shall contain at a minimum the following information:

(1) the facility registration number;

(2) the name under which the facility registration number was issued;

(3) the permanent street address and telephone number of the facility;

(4) a brief statement explaining the utilization activities the facility intends to perform at the location;

(5) where the tires intended for utilization or already utilized will be stored, if different from the actual facility site; and

(6) the number of tire piles planned for the storage facility and the square footage of the largest pile planned.

(d) The public notice of intent to operate shall identify the Texas Commission on Environmental Quality as the state agency regulating this activity.

(e) The public notice of intent shall be published at least 30 days before beginning activities. The public notice of intent shall be published for a period of 10 days continuously. In counties where no daily newspaper is published, the notice shall be published at least once each week for three consecutive weeks.

Source Note: The provisions of this §328.69 adopted to be effective September 5, 1999, 24 TexReg 6761; amended to be effective October 7, 2010, 35 TexReg 8965