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In all cases, the TCEQ will need assurance that <br />applicants have the firm support of each <br />required city before submitting an application to <br />the TCEQ. Therefore, it is up to the city to <br />decide what is in its best interest regarding <br />each MSD property that is proposed to be <br />located within its border or within a bordering <br />city. The statute does not prohibit a city from <br />imposing additionaf application procedures and <br />requirements on the applicant. <br />Outside of supporting the application, the <br />municipality also needs to confirm the status of <br />public water availability for the TCEQ when the <br />city owns or operates a public drinking water <br />supply system that serves the MSD area. <br />Specifically, the TCEQ must have verification <br />that a public drinking water supply system <br />exists that "supplies or is capable of supplying <br />drinking water" to the MSD property and all <br />surrounding properties within one-half mile of it. <br />The applicant must include this information in <br />the application, but the TCEQ also prefers to <br />directly verify this with the public drinking water <br />supplier. A letter signed by an appropriate city <br />official verifying the availability, or the extent of <br />public drinking water service supplied to the <br />proposed MSD area, is sufficient. <br />If a ciry does not support an MSD, it should <br />directly inform the applicant of this fact. <br />Additionally, it can also document this <br />conclusion in a letter submitted to the TCEQ. <br />THE ROLE OF RETAIL PUBLIC <br />UTILITIES <br />By statute, retail public utilities (RPUs) have a <br />role in certain instances. The applicant is <br />required to identify every RPU, if any, that owns <br />or operates a groundwater supply well located <br />within 5 mi of the MSD property and provide <br />notice to each identified RPU of the applicanYs <br />intent to submit an MSD application to the <br />TCEQ. <br />If there is any such RPU in the MSD area then, <br />in order for the MSD application to be certified, <br />the applicant must provide a copy of a <br />resolution in support of the MSD application <br />from the governing body of each applicable <br />RPU. <br />As is the case for a municipality, the RPU is <br />under no statutory obligation to support an <br />MSD application. The TCEQ is also directing <br />applicants to obtain firm support of each RPU <br />before submitting an application to the TCEQ. <br />An RPU is also asked to support the TCEQ in <br />processing the application by confirming to <br />what extent its system supplies, or is capable of <br />supplying, water to the MSD property and all <br />properties within one-half mile of it. This <br />information is needed for the application. A <br />letter from each RPU signed by an appropriate <br />official with the RPU verifying the extent of its <br />public drinking water service to the proposed <br />MSD area is sufficient. <br />City and Retail Public Utility Support <br />The applicant is not to submit an MSD <br />application to the TCEQ without "firm" municipal <br />and RPU support for the application. Firm <br />support can be demonstrated by providing the <br />TCEQ with a direct indication from an individual <br />within the municipality or RPU who has authoriry <br />to advise the city council or goveming body that <br />they will recommend that the required <br />resolutions or ordinance be adopted. <br />THE TCEQ ROLE <br />As with cities and RPUs, the TCEQ's role is <br />established by statute. The TCEQ is to receive <br />and process applications, verify that proposed <br />MSD properties meet statutory eligibility <br />requirements, and verify that applications are <br />administratively complete. If the MSD property <br />is statutorily eligible and the application is <br />complete, then the TCEQ will certify the <br />application. <br />The TCEQ has statutory authority to deny an <br />application when: <br />• the eligibility requirements are not met, <br />• the application is incomplete or <br />inaccurate, or <br />• based on comments or information <br />from applicant-notified parties or other <br />information, the TCEQ determines the <br />MSD would negatively impact the <br />current and future regional water <br />resource needs or obligations of a <br />municipality, an RPU, or a private well <br />owner. <br />If the application is certified, the TCEQ is <br />required to provide a copy of the certification to <br />parties who received notice from the applicant, <br />GI-326 Page 4 <br />~ 1~ 3 <br />