Safety Rules: Liquefied Petroleum Gas Division Page: A17
This book is part of the collection entitled: Texas State Publications and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
(b) Notice of the proposed installation. Any application for approval of LP-gas installation (LPG Form
500) which is received at the Austin office of the LP-Gas Division on or after January 1,1988, which pertains
to a new stationary LP-gas installation of 10,000 gallons or more, aggregate capacity, or an addition to an
existing facility whose aggregate capacity will be10,000 gallons or more when complete, shall ensure that
notice of the proposed installation, (LPG Form 500a) is sent to all owners of real property situated within
500 feet of the proposed tank location. Sufficient notice shall be deemed given when the applicant has
provided evidence that LPG Form 500a has been sent to all such property owners whose names and
addresses may be determined upon diligent investigation of readily available sources of information. If
such owners are not determinable as set out in this subsection, the applicant may send LPG Form 500a to
all persons shown as owners on the current county tax rolls.
Exception: Applicants submitting an LPG Form 500, Application for Tentative Approval of LP-Gas
Installation, for installation of LP-gas containers of 10,000 water gallon capacity or greater used as a fuel
storage supply for asphalt heating at "hot-mix" plants or sites for asphalt paving, need not file the LPG
Form 500a, Notice of Installation, provided proof is submitted to the division that such "hot-mix"
operations will not exceed one year at the specified location, and that fire marshal approval has been
obtained if operations are within a city's limits or the extra-territorial jurisdiction of a city.
(c) Tentative~approval considered. Each real property owner receiving notice shall have 18 days from
the date of mailing of the notice to submit an objection in writing to the division. An objection is not
deemed filed until it is actually received at the Austin office of the LP-Gas Division. The director of the
division may grant tentative approval if each real property owner in this subsection has been given notice
as certified by the applicant on LPG Form 500, even though objections have been received. Tentative
approval may be granted by the director of the LP-Gas Division if he determines that the application meets
all applicable rules of the LP-Gas Division, all applicable statutes of the State of Texas, and that the
construction of the installation does not constitute a danger to the public health, safety, and welfare. If
tentative approval, as defined herein, is granted, the applicant may begin construction of the proposed
facility at its'own risk that final approval may not be granted.
(d) When hearing held. The director of the division shall call a public hearing, pursuant to the
provisions of this section, if any of the following exist:
(1) sufficient notice is not deemed given to each real property owner in subsection (c) of this
section;
(2) proper objection to the proposed installation is received by the division in a timely manner. A
proper objection to a proposed installation shall include a statement in support of the matters alleged,
and is one which alleges either:
(A) noncompliance with the LP-Gas Division safety rules, with reference to the particular
rule(s) relied upon;
(B) noncompliance with the statutes of the State of Texas, with reference to the particular
provision relied upon;(C) facts which indicate that the proposed installation constitutes a danger to the public
health, safety, and welfare;
(3) the commission or the division director determines that a hearing is necessary to investigate the
impact of the installation.
(e) Notice of public hearing. The division shall ensure that notice of the public hearing is given at least
10 days prior to the date of the hearing to the applicant and to all real property owners who have filed
proper objections.
(f) Procedure at hearing. The public hearing will be conducted in accordance with the Administrative
Procedure and Texas Register Act (Texas Civil Statutes Article 6252-13a, 14) and the General Rules of
Practice and Procedure of the Railroad Commission of Texas and the LP-Gas Division Safety Rules. Once
tentative approval has been granted by the division, it establishes a rebuttable presumption that all
applicable LP-gas safety rules have been complied with by the applicant.A-17
Upcoming Pages
Here’s what’s next.
Search Inside
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Matching Search Results
View three pages within this book that match your search.Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
Railroad Commission of Texas. Liquefied Petroleum Gas Division. Safety Rules: Liquefied Petroleum Gas Division, book, November 1990; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1544630/m1/33/?q=%22%5B1990..%5D%22: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.