1. (a) When notice of a proposed installation of 10,000 gallons or more aggregate water capacity is required, an applicant shall send a copy of LPG Form 500, LPG Form 500A, and a plat by certified mail, return receipt requested, to all owners of real property situated within 500 feet of the proposed container location(s). The LPG Form 500 shall be submitted to the commission at the same time the LPG Form 500 and LPG Form 500A are mailed to the real property owners. Notice shall be considered sufficient when the applicant has provided evidence that a complete LPG Form 500, LPG Form 500A, and plat have been sent to all real property owners. The applicant may obtain names and addresses of owners from current county tax rolls. The applicant shall notify owners of real property situated within 500 feet of the proposed container location(s) if the current aggregate water capacity of the installation is more than doubled in a 12-month period or if the resulting aggregate water capacity of the installation will be more than 120,000 gallons.
2. (b) When notice is not required. Unless considered to be in the public interest by the commission, the applicant does not need to notify owners of real property situated within 500 feet of the proposed container location of an addition to an existing LP-gas facility provided the current aggregate water capacity is not more than doubled in a 12-month period; however, if the resulting aggregate water capacity will exceed 120,000 gallons, the applicant shall provide notice as specified in subsection (a) of this section.

3. (c) Installations at "hot-mix" plants. Applicants submitting an LPG Form 500 for installation of LP-gas containers of 10,000 gallons aggregate water capacity or more used as a fuel storage supply for asphalt heating at "hot-mix" plants or sites for asphalt paving need not file the LPG Form 500A, provided that:

   1. (1) proof is submitted to the commission that such "hot-mix" operations will not exceed two years at the specified location: and
   2. (2) fire marshal approval has been obtained if operations are within a city's limits or extra-territorial jurisdiction.

Source Note:The provisions of this §9.21 adopted to be effective August 14, 1977, 2 TexReg 2944; amended to be effective October 3, 1980, 5 TexReg 3794; amended to be effective April 5, 1982, 7 TexReg 1248; amended to be effective June 1, 1989, 14 TexReg 1919; amended to be effective November 15, 1990, 15 TexReg 5925; amended to be effective October 15, 1993, 18 TexReg 6443; amended to be effective March 2, 1998, 23 TexReg 1943.