reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 222 - SUBSURFACE AREA DRIP DISPERSAL SYSTEMS › Subchapter D - DESIGN CRITERIA › Section 222.115 - Treatment System

Current through Reg. 49, No. 28; July 12, 2024
(a) For the systems
				  and processes used to provide treatment of domestic wastewater prior to the
				  wastewater entering the subsurface area drip dispersal system the applicant
				  shall use the design criteria in Chapter 217 of this title (relating to Design
				  Criteria for Domestic Wastewater Systems) or Chapter 317 of this title
				  (relating to Design Criteria Prior to 2008) as applicable.
(b) If using septic tanks as the treatment
				  system, the applicant shall design, construct, and install the tanks in
				  accordance with Chapter 285, Subchapter D of this title (relating to Planning,
				  Construction, and Installation Standards for OSSFs).
(c) If using anaerobic biological reactors
				  (ABRs) as the treatment system, the permittee must comply with the following
				  criteria.
(1) The ABR must have a container
				  that is a structural unit such as a concrete tank, or an earthen berm with a
				  membrane liner may be used for larger installations.
(A) The container must be designed for the
				  internal and external stresses that may be placed on the container during
				  fabrication and use.
(B) Materials
				  used to construct an ABR structural container must meet the requirements for
				  septic tanks in §
												285.32
				  of this title (relating to Criteria for Sewage Treatment Systems).
(C) Containers using compacted earthen berms
				  must use a membrane of vinyl or other plastic with a minimum thickness of 40
				  mils as the waterproofing component.
(D) A cover is required unless a covering
				  layer of gravel or other media is placed above the liquid level to present a
				  dry surface.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 222 - SUBSURFACE AREA DRIP DISPERSAL SYSTEMS › Subchapter D - DESIGN CRITERIA › Section 222.117 - Subsurface Area Drip Dispersal System Design

Current through Reg. 49, No. 28; July 12, 2024
(a) The permittee shall use the following
				  design components for subsurface area drip dispersal systems:
(1) a minimum of dual 100-micron wastewater
				  effluent filters prior to the effluent entering the subsurface area drip
				  dispersal system. These filters must:
(A)
				  effectively filter the peak hydraulic flows; and
(B) include control valves and piping that
				  provide filtered effluent to flush the filters;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 222 - SUBSURFACE AREA DRIP DISPERSAL SYSTEMS › Subchapter D - DESIGN CRITERIA › Section 222.119 - Delivery Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) The permittee
				  shall ensure that piping materials used in delivering treated effluent from the
				  treatment facility to the dispersal zones are suitable for effluent and conform
				  to regulations as required by Chapter 217 of this title (relating to Design
				  Criteria for Domestic Wastewater Systems) or Chapter 317 of this title
				  (relating to Design Criteria Prior to 2008) as applicable.
(b) The permittee shall identify the piping
				  materials by referring to the appropriate ASTM International, American National
				  Standard Institute, or American Water Works Association specification
				  numbers.
(c) A permittee shall use
				  a multiple pump system for all systems requiring pumping of effluent to the
				  dispersal zones.
(1) The permittee shall use
				  pumps rated by the manufacturer for effluent disposal.
(2) The permittee shall use pumps that are
				  each rated for at least 100% of the design flow.
(3) The permittee shall include the pumping
				  capacity and pump head calculations in the plans and specifications.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 222 - SUBSURFACE AREA DRIP DISPERSAL SYSTEMS › Subchapter D - DESIGN CRITERIA › Section 222.121 - Dispersal Zones

Current through Reg. 49, No. 28; July 12, 2024
(a) The permittee
				  must place lines with emitters between six and 48 inches below the surface of
				  the soil.
(b) The permittee shall
				  divide the subsurface area drip dispersal system into a sufficient number of
				  different dispersal zones (at least two dispersal zones) so that the system can
				  operate with the greater of either one dispersal zone or 10% of the total
				  number of dispersal zones out of service.
(c) The permittee shall design the dispersal
				  zones so that the dispersal lines follow the contour of the site and shall not
				  exceed 1% lateral slope.
(d) The
				  permittee shall include the dispersal zone design in the engineering report,
				  including the following elements:
(1) the
				  proposed line layout with:
(A) main line
				  sizes and lengths; and
(B)
				  individual dispersal line lengths;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 222 - SUBSURFACE AREA DRIP DISPERSAL SYSTEMS › Subchapter D - DESIGN CRITERIA › Section 222.123 - Controls

Current through Reg. 49, No. 28; July 12, 2024
(a) The permittee
				  shall use a control system that includes a means of alternating the pumps on
				  successive cycles.
(b) The
				  permittee shall use a control system with the following features:
(1) high water alarm that activates prior to
				  any "lag pump on" activation;
(2)
				  pump failure alarm;
(3) power
				  outage alarm;
(4) mechanisms for
				  testing and silencing the alarm system; and
(5) manual resetting after the alarm
				  activates.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 222 - SUBSURFACE AREA DRIP DISPERSAL SYSTEMS › Subchapter D - DESIGN CRITERIA › Section 222.125 - Vertical Separation

Current through Reg. 49, No. 28; July 12, 2024
The permittee must maintain the following vertical
					 separation distances beneath the subsurface area drip dispersal system.
(1) There must be at least five feet of soil
				  over any sand or gravel strata.
(2)
				  There must be at least one foot of soil over any restrictive soil
				  horizons.
(3) There must be at
				  least two feet of soil over any permanent or seasonal saturated zone of
				  groundwater.
(4) The executive
				  director may impose alternate separation requirements if necessary to protect
				  human health and the environment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 222 - SUBSURFACE AREA DRIP DISPERSAL SYSTEMS › Subchapter D - DESIGN CRITERIA › Section 222.127 - Storage

Current through Reg. 49, No. 28; July 12, 2024
(a) The applicant
				  must design and install temporary storage that equals at least three days of
				  the design flow of the facility for times when the subsurface area drip
				  dispersal system is out of service due to an emergency or scheduled
				  maintenance.
(b) In lieu of
				  temporary storage, the executive director may approve an alternate method of
				  disposing of effluent, if an alternate disposal plan is submitted by the
				  applicant.
(c) The volume of
				  wastewater used when calculating the required effluent storage as described in
				  this section may not be reduced by the beneficial reuse credit.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 222 - SUBSURFACE AREA DRIP DISPERSAL SYSTEMS › Subchapter E - OPERATIONS AND MAINTENANCE › Section 222.151 - Prohibitions

Current through Reg. 49, No. 28; July 12, 2024
(a) Seepage or
				  percolation out of the root zone, other than leaching in the amount required to
				  maintain the health of the vegetative cover, is prohibited.
(b) Surfacing or ponding of effluent is
				  prohibited.
(c) Creating a
				  condition at the treatment facility or the drip dispersal zones that
				  contributes to vector attraction or odor is prohibited.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 222 - SUBSURFACE AREA DRIP DISPERSAL SYSTEMS › Subchapter E - OPERATIONS AND MAINTENANCE › Section 222.153 - System Flushing

Current through Reg. 49, No. 28; July 12, 2024
The permittee shall flush the subsurface area drip
					 dispersal system from the dispersal zone and return the flush water to a point
					 preceding the treatment system at least once every two
					 months.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 222 - SUBSURFACE AREA DRIP DISPERSAL SYSTEMS › Subchapter E - OPERATIONS AND MAINTENANCE › Section 222.155 - Soil Moisture Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  permittee shall comply with any requirement to monitor soil moisture to address
				  specific soil limitations associated with a particular site, if included in the
				  permit by the executive director.
(b) When required by the executive director,
				  the permittee shall:
(1) monitor the soil
				  moisture in each broadly defined soil characterization or soil textures, with
				  at least one sample from each dispersal zone; and
(2) monitor the soil moisture at the one-foot
				  depth, and/or at the level of existing near-surface seasonal or permanent soil
				  saturation when either of these zones of saturation occur within the two-foot
				  depth, below the dispersal zone.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 222 - SUBSURFACE AREA DRIP DISPERSAL SYSTEMS › Subchapter E - OPERATIONS AND MAINTENANCE › Section 222.157 - Soil Sampling

Current through Reg. 49, No. 28; July 12, 2024
(a) The permittee
				  shall take soil samples within the same 45-day time frame each calendar
				  year.
(b) Laboratory analyses of
				  the soil samples must be submitted to the executive director by September 1
				  following the sampling date.
(c)
				  The plant nutrient parameters shall be analyzed on a plant available basis. The
				  permittee shall provide annual soil analyses of the dispersal zones for the
				  following substances:
(1) pH (sample
				  consisting of two volumes of water to one volume of soil mixture), in standard
				  units;
(2) conductivity (sample
				  consisting of two volumes of water to one volume of soil mixture), reported in
				  millimho per centimeter;
(3) total
				  Kjeldahl nitrogen. Methods that rely on mercury as a catalyst are not
				  acceptable;
(4)
				  nitrate-nitrogen;
(5)
				  plant-available potassium, reported on a dry-weight basis in milligrams per
				  kilogram (mg/kg);
(6) calcium,
				  reported on a dry-weight basis in mg/kg;
(7) magnesium, reported on a dry-weight basis
				  in mg/kg;
(8) sulfur, reported on a
				  dry-weight basis in mg/kg;
(9)
				  phosphorus, analyzed according to the Mehlich III procedure (the North American
				  Proficiency Testing Program of the Soil Science Society of America) and
				  reported on a dry-weight basis in mg/kg;
(10) sodium, reported on a dry-weight basis
				  in mg/kg;
(11) salinity;
				  and
(12) trace elements as
				  specified in the individual permit.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 222 - SUBSURFACE AREA DRIP DISPERSAL SYSTEMS › Subchapter E - OPERATIONS AND MAINTENANCE › Section 222.159 - Operator Licensing

Current through Reg. 49, No. 28; July 12, 2024
(a) The permittee
				  shall ensure that the facility supplying treated domestic wastewater to the
				  subsurface area drip dispersal system and the subsurface area drip dispersal
				  system is operated by a chief operator holding a valid Class A, B, or C
				  wastewater operator license as defined in Chapter 30 of this title (relating to
				  Occupational Licenses and Registrations).
(b) The permittee shall ensure that all
				  wastewater operators have been trained to operate the specific treatment system
				  and subsurface area drip dispersal system for which they have
				  responsibility.
(c) Records of
				  operator training must be made available to executive director staff upon
				  request.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 222 - SUBSURFACE AREA DRIP DISPERSAL SYSTEMS › Subchapter E - OPERATIONS AND MAINTENANCE › Section 222.161 - Vegetative Cover

Current through Reg. 49, No. 28; July 12, 2024
(a) The vegetative
				  cover must be suited for the specific site characteristics, proposed site
				  usage, and quality of effluent.
(b)
				  The permittee shall plant and maintain a cover crop(s) that provides year-round
				  vegetative growth.
(c) The
				  permittee shall include in the engineering report the specific varieties of
				  vegetation, harvest methods, and harvest frequencies to be utilized in
				  association with the subsurface area drip dispersal system.
(d) The permittee shall maintain records
				  documenting all activities associated with maintaining the vegetative cover,
				  like planting, over-seeding, mowing height, fertilizing, and harvesting.
				  Documentation shall be maintained for a minimum of five years and be made
				  available to commission staff upon request.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 222 - SUBSURFACE AREA DRIP DISPERSAL SYSTEMS › Subchapter E - OPERATIONS AND MAINTENANCE › Section 222.163 - Closure Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  permittee of a subsurface area drip dispersal system that is to be permanently
				  discontinued or abandoned shall close the system under the standards set forth
				  in this section.
(b) If the
				  permittee removes all tanks, lines, and other equipment from the site, the
				  permittee may:
(1) submit to the appropriate
				  regional office a closure report prepared by the permittee that includes
				  sufficient soil analyses to demonstrate that there is no soil contamination at
				  the subsurface area drip dispersal system site; and
(2) omit the requirement to deed record the
				  location of the closed subsurface area drip dispersal system as required by
				  subsection (f) of this section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 230 - GROUNDWATER AVAILABILITY CERTIFICATION FOR PLATTING › Section 230.1 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Subdivisions
				utilizing groundwater as the source of water supply. In the plat application
				and approval process, municipal and county authorities may require
				certification that adequate groundwater is available for a proposed subdivision
				if groundwater under that land is to be the source of water supply. The
				municipal or county authority is not required to exercise their authority under
				Texas Local Government Code, §
									212.0101
				or §
									232.0032.
				However, if they do exercise their authority, the form and content of this
				chapter must be used.
(b) Use of
				this chapter. If required by the municipal or county authority, the plat
				applicant and the Texas licensed professional engineer or the Texas licensed
				professional geoscientist shall use this chapter and the attached form to
				certify that adequate groundwater is available under the land of a subdivision
				subject to platting under Texas Local Government Code, §
									212.004 and §
									232.001. These
				rules do not replace other state and federal requirements applicable to public
				drinking water supply systems. These rules do not replace the authority of
				counties within designated priority groundwater management areas under Texas
				Water Code, §
									35.019, or the
				authority of groundwater conservation districts under Texas Water Code, Chapter
				36.
(c) Transmittal of data. If use
				of this chapter is required by the municipal or county authority, the plat
				applicant shall:
(1) provide copies of the
				information, estimates, data, calculations, determinations, statements, and
				certification required by §
										230.8
				of this title (relating to Obtaining Site-Specific Groundwater Data), §
										230.9
				of this title (relating to Determination of Groundwater Quality), §
										230.10
				of this title (relating to Determination of Groundwater Availability), and
				§
										230.11
				of this title (relating to Groundwater Availability and Usability Statements
				and Certification) to the executive administrator of the Texas Water
				Development Board and to the applicable groundwater conservation district or
				districts; and
(2) using the
				attached form, attest that copies of the information, estimates, data,
				calculations, determinations, statements, and the certification have been
				provided to the executive administrator of the Texas Water Development Board
				and the applicable groundwater conservation district or districts. The
				executive director may make minor changes to this form that do not conflict
				with the requirements of these rules.
Attached
				  Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 230 - GROUNDWATER AVAILABILITY CERTIFICATION FOR PLATTING › Section 230.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise. If a word or term used in this chapter is not contained in this
				  section, it shall have the same definition and meaning as used in the practices
				  applicable to hydrology and aquifer testing.
(1) Applicable groundwater conservation
				district or districts--Any district or authority created under Texas
				Constitution, Article III, Section 52, or Article XVI, Section 59, that:
(A) has the authority to regulate the spacing
				of water wells, the production from water wells, or both, and
(B) which includes within its boundary any
				part of the plat applicant's proposed subdivision.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 230 - GROUNDWATER AVAILABILITY CERTIFICATION FOR PLATTING › Section 230.3 - Certification of Groundwater Availability for Platting

Current through Reg. 49, No. 28; July 12, 2024
(a) Certification. The certification required
				by this chapter must be prepared by a Texas licensed professional engineer or a
				Texas licensed professional geoscientist.
(b) Submission of information. The plat
				applicant shall provide to the municipal or county authority, the executive
				administrator of the Texas Water Development Board, and the applicable
				groundwater conservation district or districts the certification of adequacy of
				groundwater under the subdivision required by this chapter.
(c) Form required. This chapter and the
				following form shall be used and completed if plat applicants are required by
				the municipal or county authority to certify that adequate groundwater is
				available under the land to be subdivided. The executive director may make
				minor changes to this form that do not conflict with the requirements of these
				rules.
Attached
				  Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 230 - GROUNDWATER AVAILABILITY CERTIFICATION FOR PLATTING › Section 230.4 - Administrative Information

Current through Reg. 49, No. 28; July 12, 2024
At a minimum, the following general administrative
				  information as specified in §
									230.3(c)
				  of this title (relating to Certification of Groundwater Availability for
				  Platting), shall be provided for a proposed subdivision for which groundwater
				  under the land will be the source of water supply:
(1) the name of the proposed
				subdivision;
(2) any previous or
				other name(s) which identifies the tract of land;
(3) the name, address, phone number, and
				facsimile number of the property owner or owners;
(4) the name, address, phone number, and
				facsimile number of the person submitting the plat application;
(5) the name, address, phone number,
				facsimile number, and registration number of the licensed professional engineer
				or the licensed professional geoscientist preparing the certification as
				required in this chapter;
(6) the
				location and property description of the proposed subdivision; and
(7) the tax assessor parcel number(s) by
				book, map, and parcel.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 230 - GROUNDWATER AVAILABILITY CERTIFICATION FOR PLATTING › Section 230.5 - Proposed Subdivision Information

Current through Reg. 49, No. 28; July 12, 2024
At a minimum, the following information pertaining to the
				  proposed subdivision shall be provided as specified in §
									230.3(c)
				  of this title (relating to Certification of Groundwater Availability for
				  Platting):
(1) the purpose of the
				proposed subdivision, for example, single family residential, multi-family
				residential, non-residential, commercial, or industrial;
(2) the size of the proposed subdivision in
				acres;
(3) the number of proposed
				lots within the proposed subdivision;
(4) the average size (in acres) of the
				proposed lots in the proposed subdivision;
(5) the anticipated method of water
				distribution to the proposed lots in the proposed subdivision including, but
				not limited to:
(A) an expansion of an
				existing public water supply system to serve the proposed subdivision (if
				groundwater under the subdivision is to be the source of water
				supply);
(B) a new public water
				supply system for the proposed subdivision;
(C) individual water wells to serve
				individual lots; or
(D) a
				combination of methods;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 230 - GROUNDWATER AVAILABILITY CERTIFICATION FOR PLATTING › Section 230.6 - Projected Water Demand Estimate

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Residential water demand estimate. Residential water demand estimates at full
				build out shall be provided as specified in §
									230.3(c)
				of this title (relating to Certification of Groundwater Availability for
				Platting). Residential demand estimates shall, at a minimum, be based on the
				current demand of any existing residential well including those identified
				under §
									230.8(b)
				of this title (relating to Obtaining Site-Specific Groundwater Data), or §
									290.41(c)
				of this title (relating to Rules and Regulations for Public Water Systems),
				and:
(1) the number of proposed housing units
				at full build out;
(2) the average
				number of persons per housing unit;
(3) the gallons of water required per person
				per day;
(4) the water demand per
				housing unit per year (acre feet per year); and
(5) the total expected residential water
				demand per year for the proposed subdivision (acre feet per year).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 230 - GROUNDWATER AVAILABILITY CERTIFICATION FOR PLATTING › Section 230.7 - General Groundwater Resource Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Aquifer identification. Using Texas Water
				Development Board aquifer names, the aquifer(s) underlying the proposed
				subdivision which is planned to be used as the source of water for the
				subdivision shall be identified and generally described as specified in §
									230.3(c)
				of this title (relating to Certification of Groundwater Availability for
				Platting).
(b) Geologic and
				groundwater information. To meet the requirements of this chapter, the
				following geologic and groundwater information shall be considered in planning
				and designing the aquifer test under §
									230.8(c)
				of this title (relating to Obtaining Site-Specific Groundwater Data):
(1) the stratigraphy of the geologic
				formations underlying the subdivision;
(2) the lithology of the geologic
				strata;
(3) the geologic
				structure;
(4) the characteristics
				of the aquifer(s) and their hydraulic relationships;
(5) the recharge to the aquifer(s), and
				movement and discharge of groundwater from the aquifer(s); and
(6) the ambient quality of water in the
				aquifer(s).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 230 - GROUNDWATER AVAILABILITY CERTIFICATION FOR PLATTING › Section 230.9 - Determination of Groundwater Quality

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Water quality analysis. Water samples shall be collected near the end of the
				aquifer test for chemical analysis. Samples shall be collected from each
				aquifer being considered for water supply for the proposed subdivision and
				reported as specified in §
									230.3(c)
				of this title (relating to Certification of Groundwater Availability for
				Platting).
(1) For proposed subdivisions
				where the anticipated method of water delivery is from an expansion of an
				existing public water supply system or a new public water supply system, the
				samples shall be submitted for bacterial and chemical analysis as required by
				Chapter 290, Subchapter F of this title (relating to Drinking Water Standards
				Governing Drinking Water Quality and Reporting Requirements For Public Water
				Systems).
(2) For proposed
				subdivisions where the anticipated method of water delivery is from individual
				water supply wells on individual lots, samples shall be analyzed for the
				following:
(A) chloride;
(B) conductivity;
(C) fluoride;
(D) iron;
(E) nitrate (as nitrogen);
(F) manganese;
(G) pH;
(H) sulfate;
(I) total hardness;
(J) total dissolved solids; and
(K) presence/absence of total coliform
				bacteria.
(3)
				Conductivity and pH values may be measured in the field, and the other
				constituents shall be analyzed in a laboratory accredited by the agency
				according to Chapter 25, Subchapters A and B of this title (relating to General
				Provisions and Environmental Testing Laboratory Accreditation, respectively) or
				certified by the agency according to Chapter 25, Subchapters A and C of this
				title (relating to General Provisions and Environmental Testing Laboratory
				Certification, respectively).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 230 - GROUNDWATER AVAILABILITY CERTIFICATION FOR PLATTING › Section 230.10 - Determination of Groundwater Availability

Current through Reg. 49, No. 28; July 12, 2024
(a) Time frame for determination of
				groundwater availability. At a minimum, both a short- and long-term
				determination of groundwater availability shall be made, each considering the
				estimated total water demand at full build out of the proposed subdivision.
				Groundwater availability shall be determined for ten years and 30 years and for
				any other time frame(s) required by the municipal or county
				authority.
(b) Other considerations
				in groundwater availability determination. Groundwater availability
				determinations shall take into account the anticipated method of water delivery
				as identified under §
									230.5
				of this title (relating to Proposed Subdivision Information) and will be
				compared to annual demand estimates at full build out as determined under
				§
									230.6
				of this title (relating to Projected Water Demand Estimate).
(c) Determination of aquifer parameters. The
				parameters of the aquifer(s) being considered to supply water to the proposed
				subdivision shall be determined utilizing the information considered under
				§
									230.7
				of this title (relating to General Groundwater Resource Information) and data
				obtained during the aquifer test required under §
									230.8
				of this title (relating to Obtaining Site-Specific Groundwater Data) for
				individual water wells or under Chapter 290, Subchapter D of this title
				(relating to Rules and Regulations for Public Water Systems) and reported as
				specified in §
									230.3(c)
				of this title (relating to Certification of Groundwater Availability for
				Platting). The time-drawdown and time-recovery data obtained during the aquifer
				test shall be used to determine aquifer parameters utilizing the nonequilibrium
				equations developed by Theis or Cooper-Jacob, or acceptable modifications
				thereof. The following aquifer parameters shall be determined:
(1) rate of yield and drawdown;
(2) specific capacity;
(3) efficiency of the pumped (test)
				well;
(4) transmissivity;
(5) coefficient of storage;
(6) hydraulic conductivity;
(7) recharge or barrier boundaries, if any
				are present; and
(8) thickness of
				the aquifer(s).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 230 - GROUNDWATER AVAILABILITY CERTIFICATION FOR PLATTING › Section 230.11 - Groundwater Availability and Usability Statements and Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) Groundwater
				availability and usability statements. Based on the information developed under
				§
									230.10
				of this title (relating to Determination of Groundwater Availability), the
				following information shall be provided as specified in §
									230.3(c)
				of this title (relating to Certification of Groundwater Availability for
				Platting):
(1) the estimated drawdown of the
				aquifer at the pumped well(s) over a ten-year period and over a 30-year
				period;
(2) the estimated drawdown
				of the aquifer at the subdivision boundary over a ten-year period and over a
				30-year period;
(3) the estimated
				distance from the pumped well(s) to the outer edges of the
				cone(s)-of-depression over a ten-year period and over a 30-year
				period;
(4) the recommended minimum
				spacing limit between wells and the recommended well yield; and
(5) the sufficiency of available groundwater
				quality to meet the intended use of the platted subdivision.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 279 - WATER QUALITY CERTIFICATION › Section 279.1 - General

Current through Reg. 49, No. 28; July 12, 2024
This chapter governs the issuance by the Texas Natural
				  Resource Conservation Commission of state certifications as authorized by
				  33
				  United States Code, §1341, commonly
				  known as the federal Clean Water Act (CWA), §401.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 279 - WATER QUALITY CERTIFICATION › Section 279.2 - Purpose and Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter
				establishes procedures and criteria for applying for, processing, and reviewing
				state certifications under CWA, §401, for activities under the
				jurisdiction of the agency. It is the purpose of this chapter, consistent with
				the Texas Water Code and the federal CWA, to maintain the chemical, physical,
				and biological integrity of the state's waters.
(b) It is the policy of the commission to
				achieve no overall net loss of the existing wetlands resource base with respect
				to wetlands functions and values in the State of Texas. All activities under
				the jurisdiction of the agency that require a federal license or permit and
				that may result in any discharge to waters of the United States are subject to
				review for consistency with the federal CWA and the Texas Surface Water Quality
				Standards. After such a review, the agency shall:
(1) grant certification for any activity that
				will not result in any discharge in violation of water quality standards or any
				other appropriate requirements as set forth in §
										279.9
				of this title (relating to Executive Director Review of Water Quality
				Certification Application);
(2)
				grant conditional certification stating that the conditions necessary to
				prevent any activity that will result in a discharge from violating water
				quality standards or any other appropriate requirements as set forth in §
										279.9
				of this title;
(3) deny
				certification for any activity that will result in a discharge in violation of
				water quality standards or any other appropriate requirements as set forth in
				§
										279.9
				of this title; or
(4) waive
				certification. The agency may condition the waiver of certification upon the
				agreement of an applicant to include and comply with specific water
				quality-related conditions in the applicant's federal permit.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 279 - WATER QUALITY CERTIFICATION › Section 279.4 - Application for Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) National
				Pollutant Discharge Elimination System (NPDES) permits. No person may conduct
				any activity under federal permit or license that may result in any discharge
				into or adjacent to water in the state unless the person has received a
				certification or waiver under this chapter. The regional administrator or the
				permit applicant may submit a request for certification.
(1) If state certification has not been
				received by the time the draft NPDES permit is prepared, the regional
				administrator shall, pursuant to 40 Code of Federal Regulations §124.53,
				submit to the executive director:
(A) a copy
				of a draft permit; and
(B) a
				request for certification.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 279 - WATER QUALITY CERTIFICATION › Section 279.5 - Notice of Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				executive director to the greatest extent practicable shall use a joint mailed
				notice issued by the licensing or permitting agency.
(b) If a joint notice is not used as provided
				in subsection (a) of this section and the executive director finds that all
				necessary materials have been received, the executive director shall mail
				notice of the application for certification to:
(1) the adjacent landowners;
(2) the mayor and health authorities of the
				city or town in which the activity is or will be located or in which waste is
				or will be disposed;
(3) the county
				judge and health authorities of the county in which the facility is located or
				in which waste is or will be disposed;
(4) the Texas Parks and Wildlife
				Department;
(5) the United States
				Department of Interior Fish and Wildlife Service;
(6) the Texas Water Development
				Board;
(7) the United States
				Commerce Department, National Marine Fisheries Service;
(8) the EPA, Region 6;
(9) the Texas General Land Office;
(10) the Secretary of the Coastal
				Coordination Council; and
(11) the
				applicant.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 279 - WATER QUALITY CERTIFICATION › Section 279.6 - Public Comments

Current through Reg. 49, No. 28; July 12, 2024
The executive director shall consider all comments related to
				  the impacts of the proposed activity received in accordance with these rules
				  for permit applications subject to review, unless a public notice has been
				  waived under §
									279.5(d) or
				  (e) of this title (relating to Notice of
				  Application).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 279 - WATER QUALITY CERTIFICATION › Section 279.7 - Public Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				director may conduct a public meeting on any application for 401 certification
				if the executive director determines, based on public comment received during
				the public comment period, that such a meeting would be appropriate. The
				executive director shall conduct a public meeting on an application for 401
				certification if a request for such a meeting is made by a
				commissioner.
(b) If a public
				meeting is held, the executive director shall notify the licensing and
				permitting agency and request an extension of time to consider the
				certification.
(c) All meetings
				held under this section shall be conducted by a representative of the executive
				director. The representative shall receive comments concerning all matters
				affecting the 401 certification.
(d) After the meeting the executive director
				may consider any information provided at the meeting and any other information
				appropriate to determine whether to certify the activity.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 279 - WATER QUALITY CERTIFICATION › Section 279.8 - Notice of Public Meeting

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				director shall notify the applicant not less than 30 days before the date set
				for meeting that a public meeting will be held on the application. The notice
				shall be by certified mail, return receipt requested.
(b) The notice of meeting shall identify the
				application; the date; time; place and nature of the meeting; the legal
				authority and jurisdiction under which the meeting is to be held; the proposed
				action; the requirements for submitting written comments; the method for
				obtaining additional information; and other information as the executive
				director deems necessary.
(c) The
				executive director will transmit the notice by first-class mail or by personal
				service to:
(1) the adjacent
				landowners;
(2) the mayor and
				health authorities of the city or town in which the activity is or will be
				located or in which pollutants will be discharged;
(3) the county judge and health authorities
				of the county in which the activity is or will be located or in which
				pollutants will be discharged;
(4)
				the Texas Parks and Wildlife Department;
(5) the United States Department of Interior
				Fish and Wildlife Service;
(6) the
				Texas Water Development Board;
(7)
				the United States Commerce Department, National Marine Fisheries
				Service;
(8) the EPA, Region
				6;
(9) the Texas General Land
				Office;
(10) the Secretary of the
				Coastal Coordination Council; and
(11) any person from whom written comment was
				received during the comment period, provided that the comment included a
				legible mailing address for the commenter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 279 - WATER QUALITY CERTIFICATION › Section 279.9 - Executive Director Review of Water Quality Certification Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				director shall conduct a review or waive certification.
(b) If the executive director conducts a
				review, the executive director shall, after the review and any public meeting
				held on the application, determine whether the proposed activity will:
(1) result in any discharge;
(2) result in any violation of
				33 United States Code,
				§§1311,
				1312,
				1313,
				1316,
				or
				1317;
(3) result in any violation of applicable
				water quality standards; or
(4)
				result in any violation of any other appropriate requirements of state
				law.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 279 - WATER QUALITY CERTIFICATION › Section 279.10 - Final Agency Action on National Pollutant Discharge Elimination System (NPDES) Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				director shall issue a final determination within 60 days from the date the
				draft permit is mailed by the Regional Administrator, EPA, as required by 40
				Code of Federal Regulations §124.53, unless the executive director in
				consultation with the Regional Administrator finds that unusual circumstances
				require a longer time. The executive director shall send notice of the decision
				to deny, grant, grant conditionally, or waive the certification, and a copy of
				the certification (if granted), to the applicant, the regional administrator,
				and any person so requesting. The notification shall be in writing and shall
				include:
(1) the name and address of the
				applicant;
(2) conditions that are
				necessary to assure compliance with the applicable provisions of the federal
				CWA, §§208(e), 301, 302, 303, 306, and 307, and with appropriate
				requirements of state law;
(3) when
				the agency certifies a draft permit instead of a permit application, any
				condition required to assure compliance with the provisions of the federal CWA,
				§§208(e), 301, 302, 303, 306, and 307, and with appropriate
				requirements of state law shall be identified citing the federal CWA or state
				statutes upon which that condition is based; and
(4) a statement of the extent to which each
				condition of the draft permit can be made less stringent without violating the
				requirements of state law, including water quality standards.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 279 - WATER QUALITY CERTIFICATION › Section 279.11 - Final Agency Action on Department of the Army Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director shall review or
				waive certification of any permit application in accordance with §
									279.9
				of this title (relating to Executive Director Review of Water Quality
				Certification). When an application is reviewed, the executive director shall
				take final action within 60 days after receiving the certification request from
				the U.S. Army Corps of Engineers (Corps) as required by 33 Code of Federal
				Regulations, §325.2(b) unless the executive director, in consultation with
				the Corps, determines a shorter or longer period is reasonable.
(b) Certification of discharges into aquatic
				ecosystems shall avoid unacceptable adverse impacts, including cumulative and
				secondary impacts.
(c) If the
				executive director reviews a request for certification of a 404 Permit
				activity, the review shall be performed using the following criteria.
(1) No discharge shall be certified if there
				is a practicable alternative to the proposed discharge that would have less
				adverse impact on the aquatic ecosystem, so long as the alternative does not
				have other more significant adverse environmental consequences. Activities that
				are not water dependent are presumed to have a practicable alternative, unless
				the applicant demonstrates otherwise. For the purposes of this section
				compensatory mitigation is not considered an alternative.
(2) No discharge of dredged or fill material
				shall be certified unless appropriate and practicable steps have been taken
				that will minimize potential adverse impacts of the discharge on the aquatic
				ecosystem.
(3) Certification shall
				require appropriate and practicable compensatory mitigation for all unavoidable
				adverse impacts that remain after all practicable avoidance and minimization
				have been completed. Compensatory mitigation requirements will provide for a
				replacement of impacted functions and values.
(4) If the executive director determines that
				the impacts of the project are so significant that the proposed compensatory
				mitigation will not accomplish the purpose and policy of this chapter,
				certification may be denied even if an alternative is not available.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 279 - WATER QUALITY CERTIFICATION › Section 279.12 - Other State Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) Nationwide
				Permit Certification.
(1) The executive
				director shall consider all proposed nationwide permits for certification for
				activities that may result in any discharge into or adjacent to water in the
				state consistent with §
										279.9
				of this title (relating to Executive Director Review of Water Quality
				Certification Application). Water quality certification for activities
				authorized under a nationwide permit is complete at the time the permit is
				issued. No additional certification is required for activities authorized under
				that nationwide permit.
(2) When a
				federal licensing or permitting agency proposes a nationwide permit for an
				activity that may result in a discharge, the executive director shall notify:
(A) the Texas Parks and Wildlife
				Department;
(B) the Texas Water
				Development Board; and
(C) the
				Texas General Land Office.
(3) After considering public comments
				received in accordance with §
										279.5 of
				this title (relating to Notice of Application) and other information, the
				executive director shall grant, grant conditionally, deny, or waive
				certification.
(4) The executive
				director shall maintain a list of all applicable nationwide permits and the
				executive director's certification action on each one.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 279 - WATER QUALITY CERTIFICATION › Section 279.13 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
Applicants whose activities are certified or conditionally
				  certified by the executive director, or for whose activities the executive
				  director waives certification or takes no certification action based upon the
				  applicant's agreement to include permit terms or conditions in the federal
				  permit, shall comply with all terms and conditions of the permit as issued by
				  the federal agency and as thereafter amended. Violation of the agreement to
				  include permit terms or conditions, or violation of any term or condition of a
				  permit relating to water quality shall constitute a violation of this rule. The
				  commission may enforce such a violation under TWC, Chapter 7, and Chapter 70 of
				  this title (relating to Enforcement).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter A - APPLICATIONS PROCESSING › Section 281.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
It is the intent of the Texas Natural Resource Conservation
					 Commission to establish a general policy for the processing of applications for
					 permits, licenses and other types of approvals in order to achieve the greatest
					 efficiency and effectiveness possible. To this end, it is the policy of the
					 commission that applications for permits, licenses, and other types of
					 approvals listed in §
										281.2 of
					 this title (relating to Applicability) be processed by the executive director
					 according to the schedule established in this chapter, except as provided by
					 implementation of the prioritization procedure for commercial hazardous waste
					 management facility permit applications under §§
										281.30-281.32 of
					 this title (relating to Applicability of Prioritization Procedure for
					 Commercial Hazardous Waste; Definitions; Prioritization
					 Process).