Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 523 - AGRICULTURAL AND SILVICULTURAL WATER QUALITY MANAGEMENT › Section 523.5 - Memorandum of Understanding between the Texas State Soil and Water Conservation Board and the Texas Commission on Environmental Quality

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas State Soil and Water
				Conservation Board may enter into and maintain a Memorandum of Understanding
				with the Texas Commission on Environmental Quality which sets forth the
				coordination of jurisdictional authority, program responsibility, and
				procedural mechanisms for point and nonpoint source pollution
				programs.
(b) Adoption of Memoranda
				of Understanding between the Texas State Soil and Water Conservation Board and
				Texas Commission on Environmental Quality.
(1)
				This rule contains the memorandum of understanding ("MOU") between the Texas
				State Soil and Water Conservation Board and the Texas Commission on
				Environmental Quality, which sets forth the coordination of jurisdictional
				authority, program responsibility, and procedural mechanisms for point and
				nonpoint source pollution programs.
(A)
				Whereas, the Texas State Soil and Water Conservation Board (the Board) is the
				lead agency in this state for planning, management, and abatement of
				agricultural and silvicultural nonpoint source pollution; and
(B) Whereas, the Board shall represent the
				State before the United States Environmental Protection Agency (EPA), or other
				federal agencies on all matters relating to the planning, management, and
				abatement of agricultural and silvicultural nonpoint source pollution
				abatement; and
(C) Whereas, for
				purposes of this MOU, the Board is responsible for nonpoint source pollution
				abatement and prevention activities on all agricultural and silvicultural land
				as required by Texas Water Code §
											26.1311;
				and
(D) Whereas, the Board has
				established and implemented a water quality management plan (WQMP)
				certification program, in accordance with Texas Agriculture Code §
											201.026(g)
				for agricultural and silvicultural lands; and
(E) Whereas, the Texas Commission on
				Environmental Quality (the Commission) is the state agency with primary
				responsibility for implementing the constitution and laws of the State related
				to the quality of water and air; and
(F)Whereas, the Commission shall coordinate
				all its activities related to this MOU with the Board; and
(G) Whereas, consistent with the intent of
				Federal Clean Water Act §319, the Board and the Commission are committed
				to coordinate and jointly administer the development and implementation of the
				Texas Nonpoint Source Management Program; and
(H) Whereas the Board and the Commission are
				independently and directly awarded equal halves of the annual Federal Clean
				Water Act §319 grant program for nonpoint source pollution by the EPA,
				both agencies independently coordinate and administer the preparation of work
				projects under the grant; and
(I)
				Whereas, for the purpose of this MOU, the Commission is responsible for the
				enforcement of all laws of the State related to water and air quality including
				point source and nonpoint source pollution regulations, including agricultural
				and silvicultural lands; and
(J)
				Whereas, consistent with Texas law and public policy, the Board and Commission
				mutually desire to protect and maintain a high quality environment and the
				health of the people of the State; therefore