1. (a) The executive director to the greatest extent practicable shall utilize a joint mailed notice issued by the Department of the Army, or the United States Environmental Protection Agency, or other licensing or permit agency after agreements with those agencies have been reached regarding the content of the notice and the persons entitled to notice in Texas.

2. (b) If a joint notice is not utilized as provided in subsection (a) of this section and the executive director finds that all necessary materials have been received, he shall mail notice of the application for certification to:

   1. (1) the adjacent landowners;
   2. (2) the mayor and health authorities of the city or town in which the activity is or will be located or in which waste is or will be disposed;
   3. (3) the county judge and health authorities of the county in which the facility is located or in which waste is or will be disposed;
   4. (4) the Texas Parks and Wildlife Department;
   5. (5) the United States Department of Interior Fish and Wildlife Service;
   6. (6) the Texas Water Development Board;
   7. (7) the United States Commerce Department, National Marine Fisheries Service;
   8. (8) the United States Environmental Protection Agency, Region 6;
   9. (9) the Texas General Land Office;
   10. (10) the Secretary of the Coastal Coordination Council;
   11. (11) any known interested persons; and
   12. (12) the applicant.

3. (c) Any public notice issued under subsection (b) of this section shall contain:

   1. (1) the applicant's name and mailing address, together with the name and mailing address of the party conducting the activity, if different from the applicant;
   2. (2) a brief written description of the activity;
   3. (3) a statement that the applicant is seeking certification under the Federal Clean Water Act, §401;
   4. (4) a statement that any comments concerning the application may be submitted to the executive director of the Texas Natural Resource Conservation Commission, Attention 401 Coordinator, P.O. Box 13087, Austin, Texas 78711-3087, and a deadline for written public comment of no less than 30 days;
   5. (5) a statement that a copy of the application is available for review in the office of the federal licensing or permitting agency's office; and
   6. (6) a statement indicating how affected persons can request a public hearing.
4. (d) The executive director may waive notice and hearing requirements of this subsection and §§279.6-279.8 of this title (relating to Public Comments, Nonadjudicated Public Hearings, and Notice of Public Hearing) and issue a final commission action pursuant to §§279.10-279.12 of this title (relating to Final Commission on NPDES Permits, Final Commission Action on the Department of the Army Permits and Other Permits, and Other State Certification) when an emergency as defined in §279.3 of this title (relating to Definitions) has been determined to exist and it is in the public interest to provide a certification in less than 30 days.

Source Note:The provision of this §279.5 adopted to be effective July 22, 1987, 12 TexReg 2187; amended to be effective July 13, 1995, 20 TexReg 4693.