reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter A - APPLICATIONS PROCESSING › Section 281.2 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter is applicable to the processing of:
(1) applications for new, amended, or renewed
				  water use permits, certificates of adjudication and certified filings, and
				  extensions of time to commence and/or complete construction of water use
				  facilities;
(2) applications for
				  new, amended, or renewed wastewater discharge permits, including subsurface
				  area drip dispersal systems;
(3)
				  applications for new, amended, or renewed injection well permits;
(4) applications for new, amended, or
				  modified or renewed industrial solid and/or municipal hazardous waste permits
				  filed under §
										335.2
				  and §
										335.43
				  of this title (relating to Permit Required) or for new or amended compliance
				  plans filed under §
										305.401 of this
				  title (relating to Compliance Plan);
(5) applications for plan approval of
				  reclamation projects (levees, etc.);
(6) applications for creation of water
				  districts;
(7) water district
				  applications and petitions requiring commission approval;
(8) applications for new, amended, or renewed
				  municipal solid waste permits; and
(9) applications for new, amended, or renewed
				  radioactive material licenses.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter A - APPLICATIONS PROCESSING › Section 281.3 - Initial Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Applications
				  for permits, licenses, or other types of approvals, except as provided in
				  subsections (b) and (d) of this section, shall be reviewed by the staff for
				  administrative completeness within ten working days of receipt of the
				  application by the executive director.
(b) Applications made under §
										335.43
				  of this title (relating to Permit Required) or §
										331.7
				  of this title (relating to Permit Required) shall be reviewed by the staff for
				  administrative completeness within 15 working days after assignment of the
				  application to a staff member for review under this section. Prior to
				  commencement of review of an application under this section, the executive
				  director shall notify the applicant by first-class mail of the date on which
				  the review will commence.
(c) For
				  applications involving hazardous waste under the Texas Solid Waste Disposal
				  Act, Texas Health and Safety Code, Chapter 361, applicants for existing
				  hazardous waste management facilities shall have 30 days from receipt of notice
				  of deficiency in a Part A permit application to respond to the notification and
				  to explain or cure the alleged deficiency in the Part A application. Applicants
				  shall be afforded this opportunity to cure the deficiencies before the
				  executive director may pursue enforcement action concerning deficient
				  applications.
(d) Applications made
				  under Chapter 336 of this title (relating to Radioactive Substance Rules) for
				  issuance or renewal of a license, or for major amendments to a license, shall
				  be reviewed for administrative completeness within 45 days after receipt of the
				  application by the executive director. Applications for minor amendments shall
				  be reviewed for administrative completeness within 30 days after receipt of the
				  application by the executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter A - APPLICATIONS PROCESSING › Section 281.4 - Applications for Use of State Water

Current through Reg. 49, No. 28; July 12, 2024
Applications for the use of state water must
					 include:
(1) complete application
				  form(s), signed and notarized;
(2)
				  the payment of fees in accordance with §§
										295.131-295.139 of
				  this title (relating to Water Use Permit Fees);
(3) the verified legal status of the
				  applicant;
(4) appropriate
				  ownership documents (including easements and consents);
(5) an adequate map or plat;
(6) the required engineering plans or
				  studies; and
(7) any other
				  information as the executive director or the commission may reasonably
				  require.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter A - APPLICATIONS PROCESSING › Section 281.5 - Application for Wastewater Discharge, Underground Injection, Municipal Solid Waste, Radioactive Material, Hazardous Waste, and Industrial Solid Waste Management Permits

Current through Reg. 49, No. 28; July 12, 2024
Except as provided by §
										305.48
					 of this title (relating to Additional Contents of Applications for Wastewater
					 Discharge Permits), applications for wastewater discharge including subsurface
					 area drip dispersal systems, underground injection, municipal solid waste,
					 radioactive material, hazardous waste and industrial solid waste management
					 permits must include:
(1) complete
				  application form(s), signed and notarized, and appropriate copies
				  provided;
(2) the payment of fees,
				  if applicable;
(3) the verified
				  legal status of the applicant;
(4)
				  the signature of the applicant, checked against agency requirements;
(5) the attachment of technical reports and
				  supporting data required by the application;
(6) a list of adjacent and potentially
				  affected landowners and their addresses along with a map locating the property
				  owned by these persons; and
(7) any
				  other information as the executive director or the commission may reasonably
				  require.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter A - APPLICATIONS PROCESSING › Section 281.6 - Applications for Plan Approval of Reclamation Projects

Current through Reg. 49, No. 28; July 12, 2024
Applications for plan approval of reclamation projects must
					 include:
(1) complete application
				  form(s), signed and notarized;
(2)
				  an engineering report and supporting data; and
(3) a list of adjacent and potentially
				  affected landowners along with a map locating the land owned by these persons;
				  and
(4) any other information as
				  the executive director or the commission may reasonably require.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter A - APPLICATIONS PROCESSING › Section 281.8 - Application for Local Sponsor Designation

Current through Reg. 49, No. 28; July 12, 2024
An application for designation as the local sponsor of a
					 project under the Texas Water Code, §
										16.092,
					 shall include:
(1) a detailed
				  description of the proposed project, including the location and purpose(s) of
				  the project;
(2) the reasons for
				  the application;
(3) the
				  contemplated use of water the applicant might derive from the project if a
				  permit for use is subsequently granted by the commission; and
(4) the contribution the applicant is
				  prepared to make up to the planning and/or development of the
				  project.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter A - APPLICATIONS PROCESSING › Section 281.18 - Applications Returned

Current through Reg. 49, No. 28; July 12, 2024
(a) If an
				  application or petition is received which is not administratively complete, the
				  executive director shall notify the applicant of the deficiencies by electronic
				  mail or certified mail return receipt requested prior to expiration of the
				  applicable review period established by §281.3(a), (b), and (d) of this
				  title (relating to Initial Review).
(1) The
				  executive director will evaluate the applicant's response to the notice of
				  administrative deficiencies within eight working days of receipt and, where
				  applicable, shall prepare a statement of receipt of the application and
				  declaration of administrative completeness in accordance with §
											281.17
				  of this title (relating to Notice of Receipt of Application and Declaration of
				  Administrative Completeness). For applications for radioactive material
				  licenses, the executive director shall evaluate the applicant's response to the
				  notice of administrative deficiencies within 30 days of receipt.
(2) If the required information is not
				  received from the applicant within the timeframe specified in the deficiency
				  notice, the executive director shall return the incomplete application to the
				  applicant. The executive director shall send at least one deficiency notice via
				  certified mail return receipt requested, providing the applicant 30 days to
				  respond, before an application may be returned.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter A - APPLICATIONS PROCESSING › Section 281.20 - Extension

Current through Reg. 49, No. 28; July 12, 2024
If the staff determines that the technical review of an
					 application cannot be completed within the period of time prescribed by §
										281.19 of this
					 title (relating to Technical Review), the staff will furnish the executive
					 director or his designee with written information regarding the reasons which
					 necessitate the delay and the amount of additional time required by the staff
					 to complete the review. Any extension of the period for technical review must
					 be approved by the executive director or his designee in
					 writing.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter A - APPLICATIONS PROCESSING › Section 281.21 - Draft Permit, Technical Summary, Fact Sheet, and Compliance History

Current through Reg. 49, No. 28; July 12, 2024
(a) The provisions
				  of this section are applicable to applications for waste disposal activities
				  conducted under the authority of Texas Water Code, Chapters 26, 27, and 32, the
				  Texas Solid Waste Disposal Act, and the Texas Radiation Control Act.
(b) The executive director shall prepare a
				  draft permit consistent with all applicable commission rules, unless a
				  recommendation is made not to grant an application. The draft permit will be
				  filed with the commission to be included in the consideration of the
				  application for permit and is subject to change during the course of the
				  proceedings on the application. The draft permit shall be available for public
				  review.
(c) The executive director
				  shall prepare a technical summary which sets forth the principal facts and the
				  significant factual, legal, methodological, and policy questions considered in
				  preparing the draft permit. The executive director shall send this summary
				  together with the draft permit to the applicant and on request, to any other
				  person. The summary shall include the following information, where applicable:
(1) a brief description of the type of
				  facility or activity which is the subject of the draft permit;
(2) the type and quantity of radioactive
				  materials, wastes, fluids, or pollutants which are proposed to be or are being
				  used, processed, stored, disposed, injected, emitted, or discharged;
(3) a brief summary of the basis for the
				  draft permit conditions including references to applicable statutory or
				  regulatory provisions;
(4) reasons
				  why any requested variances or alternatives to required standards do or do not
				  appear justified;
(5) a description
				  of the procedures for reaching a final decision on the draft permit, including
				  procedures whereby the public may participate in the final decision;
				  and
(6) the name and telephone
				  number of any persons to contact for additional information.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter A - APPLICATIONS PROCESSING › Section 281.22 - Referral to Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) When
				  administrative and technical review has been completed, the application shall
				  be forwarded to the commission for filing and setting. For the purpose of
				  providing adequate notice, the executive director shall include a
				  recommendation to the commission of the area wherein the application, if
				  granted, would have a potential impact, and a mailing list of persons who may
				  be affected. For applications for radioactive material licenses, upon
				  completion of technical review, the executive director shall forward the draft
				  license, technical summary, compliance summary, and, if applicable, the
				  environmental analysis to the chief clerk for public notice, or shall forward a
				  recommendation to deny the license.
(b) For applications involving hazardous
				  waste or an injection well, the commission shall not issue a permit before
				  receiving a complete application for a permit. For underground injection wells,
				  an application for a permit is complete when the executive director receives an
				  application form and any supplemental information which are completed to his or
				  her satisfaction. For underground injection wells, the completeness of any
				  application for a permit shall be judged independently of the status of any
				  other permit application or permit for the same facility or activity. However,
				  a facility may be eligible for a permit by rule or may be subject to an
				  emergency order.
(c) After an
				  application under this section for a permit authorizing proposed commercial
				  hazardous waste management units providing new or previously unpermitted
				  capacity is determined by the executive director to be technically complete,
				  the executive director shall prepare a summary of the most recent information
				  on the need for the proposed processing or disposal technology, including the
				  following information:
(1) estimated current
				  statewide capacity for the technology;
(2) projected estimated statewide demand from
				  the most recent Needs Assessment, as defined under §
											281.31 of
				  this title (relating to Definitions);
(3) regional factors documented by the
				  applicant if a regional need has been demonstrated; and
(4) any other waste management information
				  deemed relevant by the executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter A - APPLICATIONS PROCESSING › Section 281.23 - Application Amendment

Current through Reg. 49, No. 28; July 12, 2024
(a) No amendments
				  to an application which would constitute a major amendment under the terms of
				  §
										305.62 of
				  this title (relating to Amendment) can be made by the applicant after the chief
				  clerk has issued notice of the application and draft permit, unless new notice
				  is issued which includes a description of the proposed amendments to the
				  application. For purposes of this section, an attempted transfer of an
				  application shall constitute an amendment requiring additional
				  notice.
(b) For applications under
				  Chapter 336 of this title (relating to Radioactive Substance Rules), an
				  application amendment received after commencement of technical review, shall be
				  processed as follows:
(1) The executive
				  director shall determine whether the application amendment constitutes a major
				  amendment as defined in §
											305.62 of
				  this title or constitutes a substantial technical change to the application.
				  Substantial technical changes may include changes in proposed waste disposal
				  methods, enlargement or relocation of proposed areas to be licensed, transfer
				  of an application to another applicant, significant changes in proposed
				  facilities or operations, or other changes which will require extensive
				  technical review.
(2) An
				  application amendment that constitutes a major amendment or a substantial
				  technical change shall be processed as a new and separate
				  application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter A - APPLICATIONS PROCESSING › Section 281.25 - Additional Facilities and Projects for Which Texas Pollutant Discharge Elimination System (TPDES) Permits Are Required

Current through Reg. 49, No. 28; July 12, 2024
(a) The following regulations contained in 40
				  Code of Federal Regulations (CFR) Part 122, which are in effect as of the date
				  of TPDES program authorization, as amended, are adopted by reference.
(1) Part 122, Subpart 1B--Permit Applications
				  and Special TPDES Program Requirements, §122.23, requiring permits for
				  concentrated animal feeding operations. The adoption of
				  40
				  CFR §122.23 does not apply to Chapter
				  321, Subchapter B of this title (relating to Commercial Livestock and Poultry
				  Production Operations) where discharges are prohibited.
(2) Part 122, Subpart B--Permit Applications
				  and Special TPDES Program Requirements, §122.24, requiring permits for
				  concentrated aquatic animal production facilities, except
				  40
				  CFR
				  §122.24(c)(2).
(3) Part 122, Subpart B--Permit Applications
				  and Special TPDES Program Requirements, §122.25, requiring permits for
				  discharges into aquaculture projects.
(4) Part 122, Subpart B--Permit Applications
				  and Special TPDES Program Requirements, §122.26, requiring permits for
				  storm water discharges.
(5) Part
				  122, Subpart B--Permit Applications and Special TPDES Program Requirements,
				  §122.27, requiring permits for silvicultural activities.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter A - APPLICATIONS PROCESSING › Section 281.26 - Applications for New Commercial Hazardous Waste Management Facility Permits

Current through Reg. 49, No. 28; July 12, 2024
The commission shall not process an application for a
					 permit for a new commercial hazardous waste management facility unless the
					 applicant provides the evidence or demonstration required under §
										305.50(12)(C)(i)
					 or (ii) of this title (relating to Additional
					 Requirements for an Application for a Solid Waste Permit).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter A - APPLICATIONS PROCESSING › Section 281.30 - Applicability of Prioritization Procedure for Commercial Hazardous Waste Management Facility Permit Applications

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The following applications for permitting of new capacity at commercial
				  hazardous waste management facilities shall be prioritized as specified in
				  §
										281.32 of
				  this title (relating to Prioritization Process):
(1) permit applications submitted after the
				  effective date of this section; and
(2) permit applications submitted prior to
				  the effective date of this section, except as provided under subsection (b) of
				  this section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter B - CONSISTENCY WITH TEXAS COASTAL MANAGEMENT PROGRAM › Section 281.40 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to identify those agency
					 actions which are subject to review for consistency with the goals and policies
					 of the Texas Coastal Management Program pursuant to the Coastal Coordination
					 Act, Texas Natural Resources Code, Subchapters C and F, Chapter 33, and rules
					 of the Coastal Coordination Council contained in 31 Texas Administrative Code,
					 Chapters 501 and 505. This shall be accomplished by adequately identifying,
					 addressing, and resolving consistency issues to the maximum extent practicable
					 prior to final agency action in order to avoid the referral of an agency action
					 to the council for review and, thus, avoid any unnecessary delay in providing a
					 final agency action with respect to a request or application for a permit,
					 order, or other authorization from the commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter B - CONSISTENCY WITH TEXAS COASTAL MANAGEMENT PROGRAM › Section 281.41 - Condition of Approval

Current through Reg. 49, No. 28; July 12, 2024
It is a condition of commission approval of a proposed
					 action that such action, if applicable, must be consistent with the goals and
					 policies of the Texas Coastal Management Program (CMP) as provided in rules of
					 the Coastal Coordination Council contained in Chapters 501, 503, 505, and 506,
					 Title 31, Texas Administrative Code. The executive director shall review such
					 applications for consistency with the CMP and provide a summary of such
					 analysis and other statements in the draft permit and technical summary or
					 referral to commission as provided by §
										281.21
					 and §
										281.22 of
					 this title (relating to Draft Permit, Technical Summary, Fact Sheet, and
					 Compliance Summary and Referral to Commission).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter B - CONSISTENCY WITH TEXAS COASTAL MANAGEMENT PROGRAM › Section 281.42 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words, terms, and phrases, where used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Application--Any request for a permit, order, or other authorization from the
				  commission or executive director.
(2) Coastal barrier--An undeveloped area on a
				  barrier island, peninsula, or other protected area, as designated by United
				  States Fish and Wildlife Service Maps.
(3) Coastal Barrier Resources
				  System--Consists of those undeveloped coastal barriers and other areas located
				  on the coasts of the United States that are identified and generally depicted
				  on the maps on file with the Secretary of the Interior entitled "Coastal
				  Barrier Resources System" as defined under Section 4 of the Coastal Barrier
				  Improvement Act of 1990.
(4)
				  Coastal Coordination Council (CCC or council)--A policy making and review body
				  established by Senate Bill 1053, Coastal Coordination Act, Chapter 295,
				  §§37 et seq, Texas Laws (72nd Legislature 1991), codified in Texas
				  Natural Resources Code, §
										33.203(20).
(5) Coastal Natural Resource Areas--Areas as
				  defined by Texas Natural Resource Code, §33.203(1) are as follows:
(A) coastal barriers;
(B) coastal historic areas;
(C) coastal preserves;
(D) coastal shore areas;
(E) coastal wetlands;
(F) critical dune areas;
(G) critical erosion areas;
(H) gulf beaches;
(I) hard substrate reefs;
(J) oyster reefs;
(K) submerged land;
(L) special hazard areas;
(M) submerged aquatic vegetation;
(N) tidal sand or mud flats;
(O) water of the open Gulf of Mexico;
				  and
(P) water under tidal
				  influence.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter B - CONSISTENCY WITH TEXAS COASTAL MANAGEMENT PROGRAM › Section 281.43 - Consistency Determination

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit or
				  other document approving or authorizing an action listed in §
										281.45
				  of this title (relating to Actions Subject to Consistency with the Goals and
				  Policies of the Texas Coastal Management Program) shall include a statement
				  providing either a consistency determination or a determination of no adverse
				  effect as follows:
(1) Consistency
				  Determination. "The Texas Natural Resource Conservation Commission (TNRCC or
				  commission) has reviewed this action for consistency with the goals and
				  policies of the Texas Coastal Management Program (CMP) in accordance with the
				  regulations of the Coastal Coordination Council (CCC) and has determined that
				  the action is consistent with the applicable CMP goals and policies";
				  or
(2) Determination of No Adverse
				  Effect. "The TNRCC has reviewed this action and has found that the action will
				  not adversely affect any applicable coastal natural resource areas (CNRA)
				  identified in the Texas CMP."
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter B - CONSISTENCY WITH TEXAS COASTAL MANAGEMENT PROGRAM › Section 281.44 - Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) When providing
				  notice of receipt of an application or request for an agency action subject to
				  consistency with the Texas Coastal Management Program (CMP) goals and policies
				  as provided by §
										281.45
				  of this title (relating to Action Subject to Consistency with the Goals and
				  Policies of the Texas Coastal Management Program), the chief clerk of the Texas
				  Natural Resource Conservation Commission (commission) shall include a statement
				  in the notice providing that the application or requested action is subject to
				  the CMP and must be consistent with the CMP goals and policies. All notices,
				  whether mailed or published in a newspaper or the Texas Register, shall contain
				  such statement. The executive director of the commission shall identify such
				  applications or requests and assist the chief clerk in preparing the statement
				  to be contained in the notice. The chief clerk shall include the secretary of
				  the Coastal Coordination Council (council) on the public notice list maintained
				  by the chief clerk for actions subject to the CMP.
(b) Upon issuance of a permit, approval, or
				  authorization of an action listed in §
										281.45
				  of this title (relating to Actions Subject to Consistency with the Goals and
				  Policies of the Texas Coastal Management Program), the chief clerk shall
				  provide to the council secretary a one-page notice that the commission or
				  executive director has taken or authorized an action subject to the
				  CMP.
(c) The chief clerk shall
				  maintain a record of all actions taken or authorized that are subject to the
				  CMP and provide such record to the council secretary on a quarterly
				  basis.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter B - CONSISTENCY WITH TEXAS COASTAL MANAGEMENT PROGRAM › Section 281.45 - Actions Subject to Consistency with the Goals and Policies of the Texas Coastal Management Program (CMP)

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				  purposes of this subchapter, the following is an exclusive list of actions
				  taken or authorized by the Texas Natural Resource Conservation Commission
				  (commission) or executive director that may adversely affect a coastal natural
				  resource area and that must be consistent with the CMP goals and policies:
(1) For actions outside the program boundary
				  when issuing or approving:
(A) an application
				  for a new water right located within 200 stream miles of the coast and
				  proposing an appropriation of 10,000 acre-feet of water per year or
				  more;
(B) an application to amend a
				  water right located within 200 stream miles of the coast and requesting:
(i) an increase in the annual appropriation
				  of 10,000 acre-feet or more of water; or
(ii) a change in purpose of use to a more
				  consumptive use of 10,000 acre-feet or more of water per year;
(C) an action under subparagraphs
				  (A) or (B) of this paragraph shall not be considered an action subject to the
				  CMP if it is an action taken to implement the Trans-Texas Water Program as
				  approved in whole or in part, and found to be consistent with CMP goals and
				  policies by the Trans-Texas Water Program Policy Management Committee, provided
				  that the committee includes as voting members at least three members of the
				  Coastal Coordination Council (CCC or council) or their designated
				  representatives and a majority of those council members vote to approve and
				  find that it is consistent with the CMP goals and policies.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter B - CONSISTENCY WITH TEXAS COASTAL MANAGEMENT PROGRAM › Section 281.46 - Actions Which May Be Referred to the Coastal Coordination Council

Current through Reg. 49, No. 28; July 12, 2024
Except as otherwise provided under 31 TAC §
										505.32(Requirements
					 for Referral for an Individual Agency Action), only the following actions may
					 be referred to the CCC for review for consistency with the CMP goals and
					 policies pursuant to 31 TAC §
										505.26(Council
					 Review and Approval of Thresholds for Referral):
(1) For actions outside the program boundary
				  when issuing or approving:
(A) an application
				  for a new water right located within 200 stream miles of the coast and
				  requesting an appropriation of 10,000 acre-feet of water per year or more;
				  and
(B) an application to amend an
				  existing water right located within 200 stream miles of the coast and seeking:
(i) to increase an annual appropriation by
				  10,000 acre-feet or more per year; or
(ii) to change the purpose of use of 10,000
				  acre-feet or more to a more consumptive use.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter B - CONSISTENCY WITH TEXAS COASTAL MANAGEMENT PROGRAM › Section 281.47 - Actions Not Subject to Referral for Council Review

Current through Reg. 49, No. 28; July 12, 2024
The following individual agency actions are not subject to
					 31 Texas Administrative Code (TAC) Subchapter C, §§505.30-505.42,
					 Consistency and Council Review of Individual State Agency Actions, providing
					 these actions are taken pursuant to rules that the council has certified as
					 consistent under 31 TAC Chapter 505, Subchapter B of the CMP rules (Council
					 Certification of State Agency Rules and Approval of Thresholds for
					 Referral):
(1) applications for
				  renewal of domestic wastewater discharge permits;
(2) applications for renewal of industrial
				  wastewater discharge permits;
(3)
				  applications for renewal of confined animal feeding operation
				  permits;
(4) applications for
				  renewal of commercial or industrial landfill permits;
(5) applications for renewal of hazardous
				  waste landfills permits;
(6)
				  emergency suspension of permit conditions relating to beneficial inflows to
				  affected bays and estuaries in accordance with Texas Water Code, §
										11.148;
(7) declaration of an emergency and request
				  for an emergency release of water under Texas Water Code, §
										16.195;
				  and
(8) any other actions not
				  specifically listed under this subchapter or that do not otherwise meet the
				  requirements of 31 TAC §
										505.32(Requirements
				  for Referral of an Individual State Agency Action).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter B - CONSISTENCY WITH TEXAS COASTAL MANAGEMENT PROGRAM › Section 281.48 - Appendices

Current through Reg. 49, No. 28; July 12, 2024
(a) Appendix A.
				  Texas Natural Resource Conservation Commission (TNRCC) Authorizations
				  Reviewable by the Coastal Coordination Council.
Attached
					 Graphic
(b)
				  Appendix B. Tidal Segments Designated as TNRCC Priority Waterbodies.
Attached
					 Graphic
(c)
				  Appendix C. TNRCC Designated Tidal Segments Located Within the CMP Boundary.
Attached
					 Graphic
(d)
				  Appendix D. Districts in the Coastal Barrier Resources System.
Attached
					 Graphic
(e)
				  Appendix E. TNRCC Rules Relating to Actions Subject to the Coastal Management
				  Program. All or part of the rules contained in these chapters may require
				  certification by the council as consistent with the CMP before thresholds
				  provided in §281.46 of this title (relating to Action Which May Be
				  Referred to the Coastal Coordination Council) become effective. The listing of
				  these chapters in their entirety is not intended to indicate that all these
				  chapters or all rules in these chapters must be certified for the thresholds to
				  become effective.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter A - GENERAL PROVISIONS › Section 285.1 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  The purpose of this chapter is to provide a comprehensive regulatory program
				  for the management of on-site sewage facilities (OSSFs), as prescribed by the
				  Texas Health and Safety Code, Chapter 366. This chapter establishes minimum
				  standards for planning materials, construction, installation, alteration,
				  repair, extension, operation, maintenance, permitting, and inspection of OSSFs.
				  This chapter also provides the procedures for the designation of local
				  governmental entities as authorized agents. The licensing of installers,
				  designated representatives, and site evaluators and the registration of
				  apprentices is included in Chapter 30 of this title (relating to Occupational
				  Licenses and Registrations). Unauthorized discharge of effluent into or
				  adjacent to the waters in the state is prohibited.
(b) Applicability. This chapter applies to:
(1) any person who has an ownership interest
				  in an OSSF; or
(2) any person who
				  participates in any activity relating to the development of planning materials,
				  construction, installation, alteration, repair, extension, operation,
				  maintenance, permitting, inspection, or investigation of an OSSF; or
(3) any governmental entity that is, desires
				  to be, or was, designated as an authorized agent.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter A - GENERAL PROVISIONS › Section 285.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms in this section are in
					 addition to the definitions in Chapter 3 and Chapter 30 of this title (relating
					 to Definitions and Occupational Licenses and Registrations). The words and
					 terms in this section, when used in this chapter, have the following
					 meanings.
(1) Aerobic digestion--The
				  bacterial decomposition and stabilization of sewage in the presence of free
				  oxygen.
(2) Alter--To change an
				  on-site sewage facility resulting in:
(A) an
				  increase in the volume of permitted flow;
(B) a change in the nature of permitted
				  influent;
(C) a change from the
				  planning materials approved by the permitting authority;
(D) a change in construction; or
(E) an increase, lengthening, or expansion of
				  the treatment or disposal system.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter A - GENERAL PROVISIONS › Section 285.3 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Permit
				  required. A person shall hold a permit and an approved plan to construct,
				  alter, repair, extend, or operate an on-site sewage facility (OSSF) unless the
				  OSSF meets one of the exceptions in subsection (f) of this section.
(1) All aspects of the permitting, planning,
				  construction, operation, and maintenance of OSSFs shall be conducted according
				  to this chapter, or according to an order, ordinance, or resolution of an
				  authorized agent.
(2) The executive
				  director is the permitting authority unless a local governmental entity has an
				  OSSF order, ordinance, or resolution approved by the executive director. In
				  areas where the executive director is the permitting authority, the staff from
				  the appropriate regional office shall be responsible for the proper
				  implementation of this chapter.
(3)
				  Permits shall be transferred to a new owner automatically upon sale or other
				  legal transfer of an OSSF.
(4)
				  Conditioning of Permits. The permitting authority may require conditions to a
				  permit in order to ensure that the permitted OSSF system will operate in
				  accordance with the planning materials and system approval. Failure to comply
				  with these conditions is a violation of the permit and this chapter. Any
				  violation of a condition of a permit that would be considered an alteration as
				  defined in §
											285.2(2) of this
				  title (relating to Definitions) would require a new permit.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter A - GENERAL PROVISIONS › Section 285.4 - Facility Planning

Current through Reg. 49, No. 28; July 12, 2024
(a) Land planning
				  and site evaluation. Property that will use an on-site sewage facility (OSSF)
				  for sewage disposal shall be evaluated for overall site suitability. For
				  property located on the Edwards Aquifer recharge zone, see §
										285.40
				  of this title (relating to OSSFs on the Recharge Zone of the Edwards Aquifer)
				  for additional requirements. The following requirements apply to all sites
				  where an OSSF may be located.
(1) Residential
				  lot sizing.
(A) Platted or unplatted
				  subdivisions served by a public water system. Subdivisions of single family
				  dwellings platted or created after the effective date of this section, served
				  by a public water supply and using individual OSSFs for sewage disposal, shall
				  have lots of at least 1/2 acre.
(B)
				  Platted or unplatted subdivisions not served by a public water system.
				  Subdivisions of single family dwellings platted or created after the effective
				  date of this section, not served by a public water supply and using individual
				  OSSFs, shall have lots of at least one acre.
(C) A platted or unplatted subdivision where
				  one tract is divided into four or fewer parts; where each tract is five acres
				  or larger; and each tract is to be sold, given, or otherwise transferred to an
				  individual who is related to the owner within the third degree by consanguinity
				  or affinity, as determined under Texas Government Code, Chapter 573 is exempt
				  from submitting planning materials required in this section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter A - GENERAL PROVISIONS › Section 285.6 - Cluster Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) Cluster systems
				  are not authorized under this chapter after the effective date of these rules.
				  Cluster systems may be authorized under other chapters of this title including
				  Chapter 331 of this title (relating to Underground Injection
				  Control).
(b) Existing cluster
				  systems may be repaired or altered under this chapter. However, the alteration
				  may not result in an increase in the volume of the permitted flow or change the
				  nature of the permitted flow. Existing cluster systems may be required to be
				  authorized under other chapters of this title when the system has to be
				  expanded or altered in a manner that increases the volume or changes the nature
				  of the permitted flow.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter A - GENERAL PROVISIONS › Section 285.7 - Maintenance Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Maintenance contract requirements. Maintenance contract requirements for all
				  on-site sewage facilities (OSSFs) are identified in §
										285.91(12) of
				  this title (relating to Tables). The permit holder shall ensure that the OSSF
				  is properly operated and maintained in accordance with this chapter. Homeowners
				  who maintain their own systems are exempt from contract requirements, as
				  provided in subsection (d)(4) of this section.
(b) Maintenance provider.
(1) Effective September 1, 2009, in order to
				  perform maintenance on an OSSF, an individual must either be licensed by the
				  TCEQ as a maintenance provider or registered by the TCEQ as a maintenance
				  technician and employed by a licensed maintenance provider. Prior to September
				  1, 2009, in order to perform maintenance on an OSSF, an individual must be
				  registered by the TCEQ as a maintenance provider.
(2) Effective September 1, 2009, the
				  maintenance provider will be responsible for fulfilling the requirements of the
				  maintenance contract. The maintenance provider will be responsible for the work
				  performed by registered maintenance technicians under their direct supervision.
				  Prior to September 1, 2009, the maintenance company will be responsible for
				  fulfilling the requirements of the maintenance contract.
(3) Effective September 1, 2009, the
				  maintenance provider must sign all maintenance reports.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter A - GENERAL PROVISIONS › Section 285.8 - Multiple On-Site Sewage Facility (OSSF) Systems on One Large Tract of Land

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director may authorize the permitting authority to issue a permit for multiple
				  treatment and disposal systems on a tract of land as an OSSF, instead of as a
				  municipal wastewater treatment facility, if:
(1) the systems are located on a tract of
				  land of 100 acres or more;
(2) the
				  systems are used:
(A) on a seasonal or
				  intermittent basis, which means any combination of weekends (Friday through
				  Sunday) plus 60 weekdays (Monday through Thursday) or less during a calendar
				  year; and
(B) the remainder of the
				  year by employees, voluntary staff, or contractors performing work-related
				  duties on the tract of land.
(3) the anticipated combined flow, calculated
				  using either actual water use data or the data from §
											285.91(3)
				  of this title (relating to Tables), from all systems is less than 5,000 gallons
				  per day (gpd) on an annual average basis (the arithmetic average of all daily
				  flows from the preceding 12 consecutive calendar months);
(4) the peak flow, calculated using either
				  actual water use data or the data from §
											285.91(3)
				  of this title, for each individual system is less than 5,000 gpd; and
(5) the systems are used only for disposal of
				  sewage produced on the tract of land where the systems are located.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter B - LOCAL ADMINISTRATION OF THE OSSF PROGRAM › Section 285.10 - Delegation to Authorized Agents

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Responsibility of the authorized agent. An authorized agent is responsible for
				  the proper implementation of this chapter in its area of jurisdiction.
(1) An authorized agent shall administer its
				  on-site sewage facility (OSSF) program according to the OSSF order, ordinance,
				  or resolution approved by the executive director.
(2) An authorized agent shall enforce this
				  chapter and Texas Health and Safety Code (THSC), Chapter 366.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter B - LOCAL ADMINISTRATION OF THE OSSF PROGRAM › Section 285.11 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  Administrative Requirements for Authorized Agents. On-site sewage facility
				  (OSSF) permitting, construction, and inspection requirements are in §
										285.3 of
				  this title (relating to General Requirements).
(b) Fees. The OSSF permit and inspection fees
				  will be set by the authorized agent. Additionally, a fee of $10 shall be
				  assessed for each OSSF permit for the commission as required in the Texas
				  Health and Safety Code, Chapter 367.
(c) Complaints. The authorized agent shall
				  investigate all complaints within 30 days after receipt. After completing the
				  investigation, the authorized agent shall take appropriate and timely action
				  according to §
										285.71
				  of this title (relating to Authorized Agent Enforcement of OSSFs).
(d) Appeals. Appeals of an authorized agent's
				  decision will be made through the appeal procedures stated in the authorized
				  agent's order, ordinance, or resolution.
(e) Authorized Agents Reporting Requirements.
(1) The authorized agent shall notify the
				  executive director, in writing, of any change of the designated representative
				  within 30 days after the date of the change.
(2) Each authorized agent shall provide to
				  the executive director an OSSF monthly activity report on the form provided by
				  the executive director, within ten days after the end of the month.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter B - LOCAL ADMINISTRATION OF THE OSSF PROGRAM › Section 285.12 - Review of Locally Administered Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) Not more than once a year, the executive
				  director shall review an authorized agent's program for compliance with
				  requirements established by Texas Health and Safety Code, Chapter 366; this
				  chapter; and the order, ordinance, or resolution adopted by the authorized
				  agent.
(1) During the review the executive
				  director shall:
(A) evaluate the authorized
				  agent's:
(i) administrative
				  processes;
(ii) planning material
				  review processes;
(iii) permitting
				  processes;
(iv) inspection
				  processes; and
(v) complaint
				  resolution processes;