- (a) Each owner of real property situated within 500 feet of the proposed location of an LP-gas container(s) of 10,000 gallon aggregate water capacity or more receiving notice shall have 18 calendar days from the date the notice is postmarked to file a written objection as described in §9.24(a)(2) of this title (relating to Hearings on Stationary LP-Gas Installations) with the commission. An objection is not considered filed until it is actually received at the Austin office of the commission.
(b) The commission shall review all objections within 21 calendar days of receipt to determine if they are proper. A proper objection shall be in writing and shall include a statement of facts showing that the proposed installation:
- (1) does not comply with the LP-gas safety rules, specifying which rules are violated;
- (2) does not comply with the statutes of the State of Texas, specifying which statutes are violated; or
- (3) constitutes a danger to the public health, safety, and welfare, specifying the exact nature of the danger.
- (c) If the commission deems any objection to be proper, the commission shall call a public hearing as specified in §9.24 of this title (relating to Hearings on Stationary LP-Gas Installations).
- (d) If the commission determines the objection is incomplete or improper, the commission shall notify the objecting party in writing requesting clarification. For incomplete or improper objections, the commission shall specifically state why the objection is being returned. The objecting party shall have 10 calendar days from the postmark of the commission's letter to file its corrected objection. Clarification of incomplete or improper objections shall be limited to two opportunities. If new objections are raised in the objecting party's clarification, the new objections shall be limited to one notice of correction.
Source Note:The provisions of this §9.22 adopted to be effective October 15, 1993, 18 TexReg 6451; amended to be effective March 2, 1998, 23 TexReg 1943.