NOTICE OF RECEIPT OF APPLICATION AND INTENT TO OBTAIN A BENEFICIAL LAND USE PERMIT
PROPOSED PERMIT NO. WQ0004954000
APPLICATION. Terra Renewal Services, Inc., P.O. Box 3036, Russellville, Arkansas 72811, has applied to the Texas Commission on Environmental Quality (TCEQ) for proposed beneficial land use Permit No. WQ0004954000 to authorize land application of wastewater treatment plant sludge and water treatment sludge for beneficial use on approximately 139 acres. The beneficial land use site is located on the east side of Farm-to-Market Road 1896, approximately 6.1 miles north of the intersection of Farm-to-Market Road 1896 and State Highway 67, approximately 2.8 miles east of Mount Vernon, in Franklin County, Texas 75457, and Titus County, Texas, 75455. TCEQ received this application on March 16, 2011. The anticipated date of the first application of sludge, subject to issuance of the permit is October 15, 2011. The permit application is available for viewing and copying in Franklin County at the Franklin County Library, 100 West Main Street, Mt. Vernon, Texas; and in Titus County at the Mount Pleasant Public Library, 213 North Madison, Mount Pleasant, Texas.
ADDITIONAL NOTICE. TCEQ’s Executive Director has determined the application is administratively complete and will conduct a technical review of the application. After technical review of the application is complete, the Executive Director may prepare a draft permit and will issue a preliminary decision on the application. Notice of the Application and Preliminary Decision will be published and mailed to those who are on the county-wide mailing list and to those who are on the mailing list for this application. That notice will contain the deadline for submitting public comments.
PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request a public meeting on this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. TCEQ will hold a public meeting if the Executive Director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.
OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material, or significant public comments. Unless the application is directly referred for a contested case hearing, the response to comments, and the Executive Director’s decision on the application, will be mailed to everyone who submitted public comments and to those persons who are on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting reconsideration of the Executive Director’s decision and for requesting a contested case hearing. A person who may be affected by the application may request a hearing. A contested case hearing is a legal proceeding similar to a civil trial in state district court.
TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your name, address, phone number; applicant’s name and proposed permit number; the location and distance of your property/activities relative to the proposed facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; and, the statement “[I/we] request a contested case hearing.” If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group’s representative for receiving future correspondence; identify an individual member of the group who would be adversely affected by the proposed facility or activity; provide the information discussed above regarding the affected member’s location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are germane to the group’s purpose.
Following the close of all applicable comment and request periods, the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
The Commission will only grant a contested case hearing on disputed issues of fact that are relevant and material to the Commission’s decision on the application. Further, the Commission will only grant a hearing on issues that were raised in timely filed comments that were not subsequently withdrawn.
MAILING LIST. If you submit public comments, a request for a contested case hearing or a reconsideration of the Executive Director’s decision, you will be added to the mailing list for this specific application to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and permit number; and/or (2) the mailing list for a specific county. If you wish to be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.
AGENCY CONTACTS AND INFORMATION. All written public comments and requests must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 or electronically at www.tceq.state.tx.us/about/comments.html. If you need more information about this permit application or the permitting process, please call TCEQ Office of Public Assistance, Toll Free, at 18006874040. Si desea información en Español, puede llamar al 1-800-687-4040. General information about TCEQ can be found at our web site at www.tceq.state.tx.us.
Further information may also be obtained from Terra Renewal Services, Inc. at the address stated above or by calling Mr. Guy Powers at 713-316-5050.
Issuance Date: May 18, 2011