Texas Health and Safety Code 382.058 – Notice of and Hearing On Construction of Concrete Plant Under Permit by Rule, Standard Permit, or Exemption
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(a) A person may not begin construction on any concrete plant that performs wet batching, dry batching, or central mixing under a standard permit under § 382.05195 or a permit by rule adopted by the commission under § 382.05196 unless the person has complied with the notice and opportunity for hearing provisions under § 382.056.
(b) This section does not apply to a concrete plant located temporarily in the right-of-way, or contiguous to the right-of-way, of a public works project.
Terms Used In Texas Health and Safety Code 382.058
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(c) For purposes of this section, only those persons actually residing in a permanent residence within 440 yards of the proposed plant may request a hearing under § 382.056 as a person who may be affected.
(d) If the commission considers air dispersion modeling information in the course of adopting an exemption under § 382.057 for a concrete plant that performs wet batching, dry batching, or central mixing, the commission may not require that a person who qualifies for the exemption conduct air dispersion modeling before beginning construction of a concrete plant, and evidence regarding air dispersion modeling may not be submitted at a hearing under § 382.056.