procd.txt

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Texas Natural Resource Conservation Commission
              Austin                      Texas
                          Interoffice

From:  Patricia Finn Walker, Attorney, Legal Division 
To:  Dr. L. R. Roberts, P.E., Permits Division
Date:  November 30, 1978
Subject:  Regulation VI Public Notification and Comment
          Procedures

This is in response to your memorandum of November 8, 1978 in
which you requested a legal determination of an applicant's
compliance with the public notification requirements of
Regulation VI.  Apparently, the applicant published its notice
of intent in the public notice section in two successive
issues of a newspaper of general circulation in the county
where the proposed facility is to be located.  However, the
applicant failed to publish the other (three by five inches)
notice elsewhere in the same issues of the newspaper.

Rule 116.10 now 116.130 of Regulation VI requires an applicant
to publish a notice of intent to construct a facility in the
public notice section and in a prominent place elsewhere in
two successive issues of a newspaper of general circulation in
the county where the proposed facility is to be located.  The
Rule specifically requires that the notices be published in
the same issues of the newspaper and have the same content.

The applicant, who published notice as described above, did
not comply with the public notification requirements of
Regulation VI, and cannot now correct the mistake by
publishing two three by five inch notices in another two
successive issues of the newspaper.  Instead, the applicant
must republish the notice of intent in both the public notice
section and in a prominent place elsewhere in the same two
successive issues of a newspaper of general circulation in the
county where the proposed facility is to be located.  There
does not appear to be any other way to remedy the original
defective public notice.