Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 318 - MARINE SEAWATER DESALINATION DISCHARGES › Subchapter A - GENERAL REQUIREMENTS FOR MARINE SEAWATER DESALINATION DISCHARGES › Section 318.3 - Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person
				  who requests a permit or who requests an amendment, modification, or renewal of
				  a permit for treated marine seawater discharges or off-shore discharges shall
				  complete, sign, and submit an application to the executive director according
				  to the requirements of this chapter. A permittee shall keep records of data
				  used to complete the final application and any supplemental information
				  throughout the term of the permit.
(b) It is the duty of the owner of a facility
				  to submit an application for a permit. However, if the facility is owned by one
				  person and operated by another, it is the duty of the operator and the owner to
				  jointly submit an application for a permit.
(c) Only one application needs to be filed
				  for each geographical location from which treated marine seawater or wastewater
				  is discharged, even though there may be more than one outfall requested in the
				  application.
(d) The original and
				  three copies of the permit application shall be submitted on forms provided by
				  or approved by the executive director, and shall be accompanied by a like
				  number of copies of all technical supplements and attachments.
(e) All applications shall be signed in
				  accordance with §
										305.44
				  of this title (relating to Signatories to Applications).
(f) Each application for a permit must
				  include the following:
(1) the name, mailing
				  address, and location of the facility for which the application is submitted;
(2) the ownership status as
				  federal, state, private, public, or other entity;
(3) the applicant's name, mailing address,
				  email address, and telephone number;
(4) a topographic map, ownership map, county
				  highway map, or a map prepared by a Texas licensed professional engineer, Texas
				  licensed professional geoscientist, or a registered surveyor which shows the
				  facility and each of its intake and outfall structures. Maps must be of
				  material suitable for a permanent record, and shall be on sheets 8-1/2 inches
				  by 11 inches or folded to that size, and shall be on a scale of not less than
				  one inch equals one mile. The map shall depict the approximate boundaries of
				  the tract of property owned or to be used by the applicant and shall extend at
				  least one mile beyond the tract boundaries sufficient to show the following:
(A) each well, spring, and surface water body
				  or other water in the state within the map area;
(B) the general character of the areas
				  adjacent to the facility, including public roads, towns and the nature of
				  development of adjacent lands such as residential, commercial, agricultural,
				  recreational, undeveloped, and so forth; and
(C) the location of any waste disposal
				  activities conducted on the tract not included in the application;
(5) a supplementary technical
				  report submitted in connection with an application. The report must be prepared
				  either by a Texas licensed professional engineer, a Texas licensed professional
				  geoscientist, or by a qualified person who is competent and experienced in the
				  field to which the application relates and thoroughly familiar with the
				  proposed marine seawater desalination project. The report must include the
				  following:
(A) a general description of the
				  facilities and systems used for or in connection with the intake, collection,
				  transportation, and treatment of marine seawater and the storage,
				  transportation, and discharge of treated marine seawater and wastewater; and
(B) for each outfall:
(i) the volume and rate of the discharge of
				  treated marine seawater and wastewater, including daily average flow, daily
				  maximum flow, and detailed information regarding patterns of discharge; and
(ii) the chemical, physical,
				  thermal, organic, bacteriological, or radiological properties or
				  characteristics of the wastewater, as applicable, described in enough detail to
				  allow evaluation of the water and environmental quality considerations
				  involved; and
(6) the applicant shall provide other
				  information as reasonably may be required by the executive director for an
				  adequate understanding of the project, and which is necessary to provide the
				  commission an adequate opportunity to ascertain whether the facility will be
				  constructed and operated in compliance with all pertinent state and federal
				  statutes.