SECTION 333.36. Information Provided by Adjacent Landowners/Operators

(a) The applicant shall mail notice of the application by certified mail, return receipt requested, to property owners adjacent to the site within 14 days of application submittal on a form provided by the executive director. The notice will include the names of the person(s) who are seeking an innocent owner/operator certificate, and will explain that information and reports regarding the site are available for inspection and copying in the agency's files. The notice will also request that within 14 days of receipt of the notice, adjacent property owners submit to the executive director additional information which may assist the executive director in reviewing the innocent owner/operator application. The applicant shall submit copies of the delivered notice letter and the signed receipts to the executive director within 7 days of applicant's receipt of the signed receipts from the adjacent land owners. Notice to governmental entities shall be delivered to the chief clerk or city secretary.

(b) Prior to reviewing any information submitted by adjacent owners, the executive director will notify the applicant that information has been received and will provide the applicant an opportunity to review the information. Unless the applicant notifies the executive director within 14 days of receipt of this notice of applicant's intent to withdraw its application, the executive director will review the information submitted by adjacent owners, and the applicant will be responsible for paying the costs incurred by this review.

Source Note: The provisions of this §333.36 adopted to be effective August 30, 1998, 23 TexReg 8684.