1. (a) A person seeking an emergency order under this subchapter shall submit a written application to the commission.

2. (b) For an applicant other than commission staff, the application must:

   1. (1) be sworn;
   2. (2) state whether the applicant is also seeking or has obtained an emergency order from the Texas Commission on Environmental Quality;
   3. (3) state the name, address, and telephone number of the applicant, the person submitting the application on the applicant's behalf, and the person signing the application on the applicant's behalf;
   4. (4) contain information sufficient to identify the facility and location to be affected by the order;
   5. (5) describe the condition of emergency or other condition justifying the issuance of the order;
   6. (6) allege facts to support any findings required under this subchapter;
   7. (7) estimate the dates on which the proposed order should begin and end and the dates on which the activity proposed to be allowed, mandated, or prohibited should begin and end;
   8. (8) describe the action sought and the activity proposed to be allowed, mandated, or prohibited;
   9. (9) include any other statement or information required by this subchapter; and

   10. (10) shall be signed as follows.

       1. (A) For a corporation, the application shall be signed by a responsible corporate officer.
       2. (B) For a partnership or sole proprietorship, the application shall be signed by a general partner or the proprietor, respectively.
       3. (C) For a municipality, state, federal, or other public agency, the application shall be signed by either a principal executive officer or a ranking elected official.
       4. (D) A person signing an application shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

3. (c) For an application by commission staff, the application must:

   1. (1) contain the items specified in subsection (b)(2) - (9) of this section; and
   2. (2) be signed by commission staff.

Source Note:The provisions of this §22.295 adopted to be effective August 4, 2014, 39 TexReg 5894.