Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter F - PERMIT CHARACTERISTICS AND CONDITIONS › Section 305.125 - Standard Permit Conditions

Current through Reg. 49, No. 28; July 12, 2024
Conditions applicable to all permits issued under this
					 chapter, and which shall be incorporated into each permit expressly or by
					 reference to this chapter are as follows.
(1) The permittee has a duty to comply with
				  all permit conditions. Failure to comply with any permit condition is a
				  violation of the permit and statutes under which it was issued and is grounds
				  for enforcement action, for permit amendment, revocation or suspension, or for
				  denial of a permit renewal application or an application for a permit for
				  another facility.
(2) The permittee
				  must apply for an amendment or renewal before the expiration of the existing
				  permit in order to continue a permitted activity after the expiration date of
				  the permit. Authorization to continue such activity terminates upon the
				  effective denial of said application.
(3) It is not a defense for a permittee in an
				  enforcement action that it would have been necessary to halt or reduce the
				  permitted activity to maintain compliance with the permit conditions.
(4) The permittee shall take all reasonable
				  steps to minimize or prevent any discharge or sludge use or disposal or other
				  permit violation which has a reasonable likelihood of adversely affecting human
				  health or the environment.
(5) The
				  permittee shall at all times properly operate and maintain all facilities and
				  systems of treatment and control (and related appurtenances) installed or used
				  by the permittee to achieve compliance with the permit conditions. For
				  Underground Injection Control permits proper operation and maintenance includes
				  effective performance, adequate funding, adequate operator staffing and
				  training, and adequate laboratory and process controls, including appropriate
				  quality assurance procedures. This provision requires the operation of back-up
				  or auxiliary facilities or similar systems only when necessary to achieve
				  compliance with the permit conditions.
(6) The permittee shall furnish to the
				  executive director, upon request and within a reasonable time, any information
				  to determine whether cause exists for amending, revoking, suspending, or
				  terminating the permit, and copies of records required to be kept by the
				  permit.
(7) The permittee shall
				  give notice to the executive director before physical alterations or additions
				  to the permitted facility if such alterations or additions would require a
				  permit amendment or result in a violation of permit requirements.
(8) Authorization from the commission is
				  required before beginning any change in the permitted facility or activity that
				  would result in noncompliance with other permit requirements.
(9) The permittee shall report any
				  noncompliance to the executive director which may endanger human health or
				  safety, or the environment.
(A) Such
				  information shall be provided orally within 24 hours from the time the
				  permittee becomes aware of the noncompliance. A written submission shall also
				  be provided within five days of the time the permittee becomes aware of the
				  noncompliance. The written submission shall contain a description of the
				  noncompliance and its cause; the potential danger to human health or safety, or
				  the environment; the period of noncompliance, including exact dates and times;
				  if the noncompliance has not been corrected, the time it is expected to
				  continue; and steps taken or planned to reduce, eliminate, and prevent
				  recurrence of the noncompliance, and to mitigate its adverse effects.
(B) The following must be reported within 24
				  hours under this paragraph:
(i) any
				  unanticipated bypass which exceeds any effluent limitation in a Texas Pollutant
				  Discharge Elimination System permit; and
(ii) violation of a maximum daily discharge
				  limitation for any pollutants listed in a Texas Pollutant Discharge Elimination
				  System permit to be reported within 24 hours.
(C) Holders of radioactive material licenses
				  issued under Chapter 336 of this title (relating to Radioactive Substance
				  Rules) shall report noncompliances/incidents to the executive director
				  according to the requirements of §
											336.335
				  of this title (relating to Reporting Requirements for Incidents).