Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 216 - WATER QUALITY PERFORMANCE STANDARDS FOR URBAN DEVELOPMENT › Subchapter B - MUNICIPAL WATER POLLUTION CONTROL AND ABATEMENT › Section 216.26 - Final Determination of Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) After expiration of the time period
				  specified in §
										216.25(a)(4)
				  of this title (relating to Notice of Initial Determination), the executive
				  director shall determine whether a city still meets the criteria set forth in
				  §
										216.22(a)
				  of this title (relating to Applicability) based on water quality assessments
				  and studies set out in §
										216.24
				  of this title (relating to Water Quality Assessments and Studies) performed
				  subsequent to the initial determination, taking into consideration any measures
				  taken and improvements that have resulted or that will result from allowing
				  full implementation of the city's efforts to correct the problem.
(b) If the executive director determines that
				  a city continues to meet the criteria set forth in §
										216.22(a)
				  of this title, the executive director at a regularly scheduled meeting held by
				  the commission shall recommend that the city be required to submit a Water
				  Pollution Control and Abatement Program or, when appropriate, amend an existing
				  Water Pollution Control and Abatement Program.
(c) Consideration at a regularly scheduled
				  meeting of the commission shall not be required if the executive director and
				  the city agree that the city will develop and implement a Water Pollution
				  Control and Abatement Program, or amend an existing Program. In lieu of a
				  public meeting, the city, based on an agreement with the executive director,
				  may request that the commission issue an agreed order to submit a Program as
				  described in §
										216.27
				  of this title (relating to Water Pollution Control and Abatement Programs) or
				  an amendment to an existing Program as described in §
										216.29
				  of this title (relating to Amendment Procedures for Water Pollution Control and
				  Abatement Programs).
(d) The burden
				  of demonstrating that the city meets the criteria set forth in §
										216.22(a)
				  of this title shall rest on the executive director.
(e) The executive director shall cause notice
				  of the regularly scheduled meeting to be published in the Texas Register
				  informing the public of the meeting and that the public has 30 days prior to
				  the regularly scheduled commission meeting to provide written comment to the
				  commission on whether the city should be required to develop and implement a
				  Water Pollution Control and Abatement Program or amend an existing Water
				  Pollution Control and Abatement Program.
(f) In considering the matter at the
				  regularly scheduled meeting, the commission may:
(1) upon its own motion or upon the request
				  of a party, conduct a contested case proceeding and consider evidence and hear
				  oral argument of the parties, or refer the matter to SOAH for a contested case
				  hearing conducted pursuant to the Administrative Procedure Act (APA) to
				  determine whether the city continues to meet the criteria set forth in §
											216.22(a)
				  of this title;
(2) determine that
				  the city is not required to submit a Water Pollution Control and Abatement
				  Program;
(3) determine that the
				  city continues to meet the criteria set forth in §
											216.22(a)
				  of this title and approve the executive director's recommendation that the city
				  be required to develop, or where appropriate amend, and implement a Water
				  Pollution Control and Abatement Program; or
(4) issue any other order the commission
				  deems appropriate.