Texas Natural Resource Conservation Commission Austin Texas Interoffice From: Patricia Finn Walker, Attorney, Legal Division To: Dr. L. R. Roberts, P.E., Permits Division Date: November 30, 1978 Subject: Regulation VI Public Notification and Comment Procedures This is in response to your memorandum of November 8, 1978 in which you requested a legal determination of an applicant's compliance with the public notification requirements of Regulation VI. Apparently, the applicant published its notice of intent in the public notice section in two successive issues of a newspaper of general circulation in the county where the proposed facility is to be located. However, the applicant failed to publish the other (three by five inches) notice elsewhere in the same issues of the newspaper. Rule 116.10 now 116.130 of Regulation VI requires an applicant to publish a notice of intent to construct a facility in the public notice section and in a prominent place elsewhere in two successive issues of a newspaper of general circulation in the county where the proposed facility is to be located. The Rule specifically requires that the notices be published in the same issues of the newspaper and have the same content. The applicant, who published notice as described above, did not comply with the public notification requirements of Regulation VI, and cannot now correct the mistake by publishing two three by five inch notices in another two successive issues of the newspaper. Instead, the applicant must republish the notice of intent in both the public notice section and in a prominent place elsewhere in the same two successive issues of a newspaper of general circulation in the county where the proposed facility is to be located. There does not appear to be any other way to remedy the original defective public notice.