reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 318 - MARINE SEAWATER DESALINATION DISCHARGES › Subchapter C - OFF-SHORE DISCHARGES › Section 318.40 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to off-shore discharges from a
					 marine seawater desalination project.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 318 - MARINE SEAWATER DESALINATION DISCHARGES › Subchapter C - OFF-SHORE DISCHARGES › Section 318.41 - Application Review for Off-Shore Discharges

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon receipt of an application, the
				  executive director or his designee shall assign the application a number for
				  identification purposes.
(b)
				  Applications for permits shall be reviewed by the staff for administrative
				  completeness within five business days of receipt of the application by the
				  executive director.
(c) If an
				  application is received which is not administratively complete, the executive
				  director shall notify the applicant of the deficiencies by email by the end of
				  the five-day review period.
(1) If the
				  additional information is received within five business days of notice of the
				  deficiency, the executive director will evaluate the information within five
				  business days of receipt of the additional information.
(2) If the additional information is not
				  received within five business days of notice of the deficiency, the application
				  shall be considered withdrawn unless there are extenuating
				  circumstances.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 318 - MARINE SEAWATER DESALINATION DISCHARGES › Subchapter C - OFF-SHORE DISCHARGES › Section 318.42 - Action by the Executive Director

Current through Reg. 49, No. 28; July 12, 2024
Actions by the executive director under this subchapter are
					 subject to the provisions in §§
										50.133,
					 50.135,
					 and
					 50.137
					 of this title (relating to Executive Director Action on Application or WQMP
					 Update; Effective Date of Executive Director Action; and Remand for Action by
					 Executive Director, respectively).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 318 - MARINE SEAWATER DESALINATION DISCHARGES › Subchapter C - OFF-SHORE DISCHARGES › Section 318.43 - Motion to Overturn Executive Director's Decision

Current through Reg. 49, No. 28; July 12, 2024
A motion to overturn may be filed under this subchapter in
					 accordance with the provisions in §
										50.139
					 of this title (relating to Motion to Overturn Executive Director's
					 Decision).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 318 - MARINE SEAWATER DESALINATION DISCHARGES › Subchapter D - NEAR-SHORE DISCHARGES › Section 318.60 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to near-shore discharges from a
					 marine seawater desalination project.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 318 - MARINE SEAWATER DESALINATION DISCHARGES › Subchapter D - NEAR-SHORE DISCHARGES › Section 318.61 - Application Review and Processing for Near-Shore Discharges

Current through Reg. 49, No. 28; July 12, 2024
Near-shore discharges are governed by the Texas Pollutant
					 Discharge Elimination System program. As such, the permitting process for these
					 discharges must comply with Chapters 39, 50, 55, 80, 281, and 305 of this title
					 (relating to Public Notice; Action on Applications and Other Authorizations;
					 Requests for Reconsideration and Contested Case Hearings; Public Comment;
					 Contested Case Hearings; Applications Processing; and Consolidated Permits).
					 The executive director will make every reasonable effort to expedite the
					 administrative and technical reviews, including the use of email for
					 correspondence.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 319 - GENERAL REGULATIONS INCORPORATED INTO PERMITS › Subchapter A - MONITORING AND REPORTING SYSTEM › Section 319.1 - Monitoring and Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
All holders of wastewater discharge permits are required to
					 periodically report the status of their compliance with the terms and
					 conditions of their permits and with other relevant statutes in a manner
					 approved by the executive director. The report shall contain results of flow
					 measurements and results of analyses of samples taken, or the equivalent
					 information determined by methods approved by the executive director. The
					 status of all requirements of the permit shall be reported. The report may
					 contain such other information concerning the discharges covered by the permit
					 as the executive director may reasonably prescribe in order to establish a
					 system for monitoring the quantity and quality of wastewater discharged into or
					 adjacent to any water in the state and for monitoring the quality of any water
					 in the state.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 319 - GENERAL REGULATIONS INCORPORATED INTO PERMITS › Subchapter A - MONITORING AND REPORTING SYSTEM › Section 319.2 - Exclusions for Land Application or Evaporation

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise specified in the permit or otherwise
					 ordered by the commission, land application or evaporation facilities shall be
					 excluded from the reporting procedure in §
										319.1
					 of this title (relating to Monitoring and Reporting Requirements). The
					 commission may exempt other permittees from reporting requirements on a
					 case-by-case basis, provided that the permitted facility shall not directly or
					 indirectly affect the quality of water in the state. Such exclusion shall be
					 set forth in the permit. An exclusion from the reporting procedure, however,
					 does not relieve a permittee from monitoring and record keeping
					 requirements.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 319 - GENERAL REGULATIONS INCORPORATED INTO PERMITS › Subchapter A - MONITORING AND REPORTING SYSTEM › Section 319.4 - Parameters to Be Monitored

Current through Reg. 49, No. 28; July 12, 2024
Each permittee will be required to monitor, on a regular
					 basis, each parameter included in its permit. Each permittee may also be
					 required to monitor any other parameter(s) the executive director may
					 reasonably deem necessary to adequately monitor the quality or quantity of any
					 discharge. If the analysis of additional parameters is required, the permittee
					 shall be provided written notification prior to the initiation of the
					 requirement.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 319 - GENERAL REGULATIONS INCORPORATED INTO PERMITS › Subchapter A - MONITORING AND REPORTING SYSTEM › Section 319.5 - Required Sampling Location and Frequency of Analysis or Measurement

Current through Reg. 49, No. 28; July 12, 2024
(a) Required
				  samples and measurements shall be taken of the effluent from the sampling point
				  described in the permit. Should the permit not specify a sampling point,
				  samples shall be collected immediately following the last treatment unit. These
				  procedures shall be followed unless an alternative sampling and/or measuring
				  point is approved in advance in writing by the executive director.
(b) Samples shall be taken and measurements
				  shall be made at the minimum frequencies specified in the permit for each
				  parameter. If a permit does not specify a sampling frequency, the permittee
				  shall follow the frequencies set forth in §
										319.9
				  of this title (relating to Self-Monitoring Frequency) If a parameter included
				  in a permit is not listed in the applicable table, the permittee will be
				  instructed by the executive director in writing as to what frequency of
				  analysis shall be followed.
(c) The
				  permit may specify different sampling and/or measurement frequencies than
				  specified in §
										319.9
				  of this title on a case-by-case basis, and in such cases the permit
				  controls.
(d) For land application
				  or evaporation facilities, the monitoring requirements shall be specified in
				  the permit. The permittee shall monitor flow to a land application site on a
				  daily basis and an evaporation system on a weekly basis when utilized. The
				  specific plot or site used for land application shall be specified in the
				  permit by name or description.
(e)
				  The monitoring requirements set out in this subchapter are minimum requirements
				  unless the permit specifies a lesser frequency. The executive director may
				  establish a more frequent measurement schedule, if necessary, to protect human
				  health or the environment. Additional measurements, samples, analyses, and
				  recordation are encouraged in order to facilitate more effective management and
				  control of facility operations. If the permittee monitors any pollutant at the
				  sampling point described in the permit more frequently than required by this
				  subchapter or the permit using approved analytical methods as specified in
				  §
										319.11
				  of this title (relating to Sampling and Laboratory Testing Methods), the
				  results of such monitoring shall be included in the calculation and reporting
				  of the value submitted on the required discharge monitoring report or monthly
				  effluent report. Increased frequency of sampling shall be indicated on the
				  report.
(f) Calculations for all
				  limitations which require averaging of measurements shall utilize an arithmetic
				  mean unless otherwise specified in the permit.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 319 - GENERAL REGULATIONS INCORPORATED INTO PERMITS › Subchapter A - MONITORING AND REPORTING SYSTEM › Section 319.6 - Quality Assurance

Current through Reg. 49, No. 28; July 12, 2024
The permittee shall assure the quality of all measurements
					 through the use of method blanks, laboratory control samples, duplicate
					 analyses, and matrix spikes. At a minimum, the quality assurance requirements
					 for wastewater analyses shall comply with Table 1 of this section.
Attached Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 319 - GENERAL REGULATIONS INCORPORATED INTO PERMITS › Subchapter A - MONITORING AND REPORTING SYSTEM › Section 319.7 - Documentation of Monitoring Activities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  For each measurement or sample taken, the permittee shall maintain records of
				  the following information:
(1) the records
				  required in §
											305.125(11)(C)
				  of this title (relating to Standard Permit Conditions); and
(2) the technique or method of analysis,
				  including the results of adequate verifications of analytical precision and/or
				  accuracy verified by means of the recommended guidelines in the Environmental
				  Protection Agency manual entitled Handbook for Analytical Quality Control in
				  Water and Wastewater Laboratories, which are to be determined on the day the
				  analyses are performed. The permittee shall meet the quality control
				  requirements specified in §
											319.6 of this
				  title (relating to Quality Assurance).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 319 - GENERAL REGULATIONS INCORPORATED INTO PERMITS › Subchapter A - MONITORING AND REPORTING SYSTEM › Section 319.8 - Required Signatures for Effluent Reports

Current through Reg. 49, No. 28; July 12, 2024
Each effluent report shall be signed in accordance with
					 §
										305.128 of
					 this title (relating to Signatories to Reports).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 319 - GENERAL REGULATIONS INCORPORATED INTO PERMITS › Subchapter A - MONITORING AND REPORTING SYSTEM › Section 319.9 - Self-Monitoring Frequency

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  table sets forth the self-monitoring schedules applicable to treated domestic
				  sewage effluent.
Attached Graphic
(b) The following table sets forth
				  the bacteria self-monitoring schedules applicable to treated domestic sewage
				  effluent that is discharged to water in the state.
Attached Graphic
(c) The following table sets forth
				  the self-monitoring schedules applicable to nondomestic wastewater effluent.
Attached Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 319 - GENERAL REGULATIONS INCORPORATED INTO PERMITS › Subchapter A - MONITORING AND REPORTING SYSTEM › Section 319.11 - Sampling and Laboratory Testing Methods

Current through Reg. 49, No. 28; July 12, 2024
(a) All sample collection shall be conducted
				  according to recommendations found in the latest edition of
Standard
				  Methods for the Examination of Water and Wastewater
(prepared and
				  published jointly by the American Public Health Association, the American
				  Waterworks Association, and the Water Pollution Control Federation), or the
				  United States Environmental Protection Agency manual entitled
Methods
				  for Chemical Analysis of Water and Wastes
(1979), or the United States
				  Environmental Protection Agency manual entitled
Biological Field and
				  Laboratory Methods for Measuring the Quality of Surface Waters and
				  Effluents
(1973).
(b)
				  Sample containers, holding times, and preservation methods shall meet
				  requirements specified in 40 Code of Federal Regulations (CFR) Part
				  136.
(c) Effluent samples shall be
				  analyzed according to test methods specified in 40 CFR Part 136 or more recent
				  editions of
Standard Methods for the Examination of Water and
				  Wastewater
than those cited in 40 CFR Part 136.
(d) Flow measurements, equipment,
				  installation, and procedures shall conform to those prescribed in the latest
				  edition of Water Measurement Manual, published by the United States Department
				  of the Interior, Bureau of Reclamation, or methods that are equivalent as
				  approved by the executive director.
(e) All laboratory tests submitted to
				  demonstrate compliance with the permit must meet the requirements of Chapter 25
				  of this title (relating to Environmental Testing Laboratory Accreditation and
				  Certification). Laboratories shall routinely use and document intralaboratory
				  quality control practices according to the latest edition of the United States
				  Environmental Protection Agency manual entitled
Handbook for Analytical
				  Quality Control in Water and Wastewater Laboratories.
These practices
				  must include the use of internal quality control check samples.
(f) The sampling and laboratory facilities,
				  data, and records of quality control are subject to periodic inspection by
				  commission personnel. Should the procedures specified in this section not be
				  suitable to any particular situation, alternate sampling and testing techniques
				  may be employed in accordance with the procedures outlined in §
										319.12
				  of this title (relating to Alternate Sampling and Laboratory Testing
				  Methods).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 319 - GENERAL REGULATIONS INCORPORATED INTO PERMITS › Subchapter A - MONITORING AND REPORTING SYSTEM › Section 319.12 - Alternate Sampling and Laboratory Testing Methods

Current through Reg. 49, No. 28; July 12, 2024
(a) For Texas Pollutant Discharge Elimination
				  System (NPDES) permits, if a permittee determines the sampling and testing
				  methods required by §
										319.11
				  of this title (relating to Sampling and Laboratory Testing Methods) are not
				  suited to its particular situation, the permittee shall make a written request
				  for authorization to use alternate sampling and testing procedures.
				  Applications for alternate sampling and testing procedures shall be submitted
				  to the executive director following the requirements of 40 Code of Federal
				  Regulations §136.5. The permittee shall comply with the sampling and
				  testing requirements in §
										319.11
				  of this title until written approval to use alternate methods is received from
				  the United States Environmental Protection Agency. A permittee shall only use
				  procedures included in the references cited in §
										319.11
				  of this title unless other test procedures have been specified in the
				  permit.
(b) For non-TPDES permits,
				  if a permittee determines the sampling and testing methods required by §
										319.11
				  of this title are not suited to its particular situation, the permittee shall
				  make a written request for authorization to use alternate sampling and testing
				  procedures. Applications for alternate sampling and testing procedures shall be
				  submitted to the executive director. The permittee shall comply with the
				  sampling and testing requirements in §
										319.11
				  of this title until written approval to use alternate methods is received from
				  the executive director.
(1) Items that shall
				  be included with an application for alternate sampling and testing procedures
				  are:
(A) name and address of the applicant;
(B) Texas Commission on
				  Environmental Quality permit number;
(C) list of parameters for which alternate
				  procedures are being requested;
(D)
				  copy of the method of the alternate procedures; and
(E) justification for the alternate sampling
				  and test procedures.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 319 - GENERAL REGULATIONS INCORPORATED INTO PERMITS › Subchapter B - HAZARDOUS METALS › Section 319.21 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Average
				  quality--The arithmetic average (weighted by flow value) of all the daily
				  determinations of concentrations made during a calendar month. Daily
				  determinations of concentrations made using a composite sample shall be the
				  concentration of the composite sample. When grab samples are used, the daily
				  determination of concentration shall be the arithmetic average (weighted by
				  flow value) of all samples collected during the calendar day.
(2) Daily composite quality--The
				  concentration of a sample consisting of a minimum of three grab samples of
				  effluent collected at regular intervals over a normal operating day and
				  combined proportional to flow, or a sample continuously collected proportional
				  to flow over a normal operating day.
(3) Grab sample quality--The concentration of
				  an individual sample of effluent collected in less than 15 minutes.
(4) Hazardous metal--Includes each of the
				  following metals in its elemental state and any of its compounds expressed as
				  that metal: arsenic, barium, cadmium, chromium, copper, lead, manganese,
				  mercury, nickel, selenium, silver, and zinc.
(5) Inland waters--All surface waters in the
				  state other than tidal waters defined in this section.
(6) Tidal waters--Those waters of the Gulf of
				  Mexico within the jurisdiction of the State of Texas, bays and estuaries
				  thereto, and those portions of the river systems which are subject to the ebb
				  and flow of the tides, and to the intrusion of marine waters.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 319 - GENERAL REGULATIONS INCORPORATED INTO PERMITS › Subchapter B - HAZARDOUS METALS › Section 319.22 - Quality Levels-Inland Waters

Current through Reg. 49, No. 28; July 12, 2024
Discharges to inland waters shall not exceed the allowable
					 concentrations of each of the hazardous metals in Table 1 Figure of this
					 section.
Attached Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 319 - GENERAL REGULATIONS INCORPORATED INTO PERMITS › Subchapter B - HAZARDOUS METALS › Section 319.23 - Quality Levels-Tidal Waters

Current through Reg. 49, No. 28; July 12, 2024
Discharges to tidal waters shall not exceed the allowable
					 concentrations of each of the hazardous metals in Table 1 Figure of this
					 section.
Attached Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 319 - GENERAL REGULATIONS INCORPORATED INTO PERMITS › Subchapter B - HAZARDOUS METALS › Section 319.24 - Dilution Prohibited

Current through Reg. 49, No. 28; July 12, 2024
The attainment of the specified levels simply by dilution,
					 in the absence of any treatment (that is, by use of extraneous or other
					 wastewater intermixed to dilute a particular discharge) is specifically
					 prohibited. The mercury level in the effluent stream from the facility in which
					 a waste containing mercury originates shall be measured after treatment and
					 before any extraneous water or wastewater from any other sources has been
					 added.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 319 - GENERAL REGULATIONS INCORPORATED INTO PERMITS › Subchapter B - HAZARDOUS METALS › Section 319.25 - Sampling and Analysis

Current through Reg. 49, No. 28; July 12, 2024
Sampling and laboratory testing procedures shall comply
					 with §
										319.11
					 of this title (relating to Sampling and Laboratory Testing Methods) or §
										319.12
					 of this title (relating to Alternate Sampling and Laboratory Testing
					 Methods).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 319 - GENERAL REGULATIONS INCORPORATED INTO PERMITS › Subchapter B - HAZARDOUS METALS › Section 319.26 - Toxic Pollutant

Current through Reg. 49, No. 28; July 12, 2024
The commission may require more stringent quality levels
					 than those specified in §
										319.22
					 of this title (relating to Quality Levels-Inland Waters) and §
										319.23
					 of this title (relating to Quality Levels-Tidal Waters) where necessary to
					 insure protection of water in the state. The commission may authorize less
					 stringent quality levels than those set forth in §
										319.22
					 of this title (relating to Quality Levels-Inland Waters) and §
										319.23
					 of this title (relating to Quality Levels-Tidal Waters) only where the
					 applicant demonstrates that there will be no significant adverse impact on
					 water quality and that the less stringent quality levels are necessary based on
					 considerations consistent with the provisions of the Texas Water
					 Code.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 319 - GENERAL REGULATIONS INCORPORATED INTO PERMITS › Subchapter B - HAZARDOUS METALS › Section 319.27 - Groundwater Protection

Current through Reg. 49, No. 28; July 12, 2024
Although this subchapter is directed towards discharges
					 into surface waters in the state, it is the intention of the commission to
					 apply the terms of this subchapter where practicable and necessary, in order to
					 protect the quality of groundwater resources in the state.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 319 - GENERAL REGULATIONS INCORPORATED INTO PERMITS › Subchapter B - HAZARDOUS METALS › Section 319.28 - Wastewater Discharge Amendment

Current through Reg. 49, No. 28; July 12, 2024
Every wastewater discharge permit which does not currently
					 specify effluent limitations for any of the hazardous metals covered by this
					 subchapter is hereby amended to incorporate the terms of this subchapter. In
					 all wastewater discharge permits which the commission may issue, renew, or
					 amend, the quality levels specified in this subchapter shall apply where the
					 commission does not establish specific effluent limitations regarding a
					 particular hazardous metal.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 319 - GENERAL REGULATIONS INCORPORATED INTO PERMITS › Subchapter B - HAZARDOUS METALS › Section 319.29 - Limitations in Wastewater Discharge Permits Controlling

Current through Reg. 49, No. 28; July 12, 2024
Where wastewater discharge permits specify effluent
					 limitations for any of the hazardous metals covered by this subchapter, the
					 limitations contained in the permit shall be controlling.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 319 - GENERAL REGULATIONS INCORPORATED INTO PERMITS › Subchapter C - PUBLIC NOTICE OF SPILLS OR ACCIDENTAL DISCHARGES FROM WASTEWATER FACILITIES OWNED OR OPERATED BY LOCAL GOVERNMENTS › Section 319.301 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following definitions apply to this subchapter.
(1) Alluvial well--A well completed in
				  sedimentary deposits resulting from modern rivers.
(2) Appropriate local government officials--
(A) The county judge of a county in which a
				  spill occurs requiring notification under §
											319.302
				  of this title (relating to Notification Requirements).
(B) The county judge of a county within
				  1/2-mile of a spill requiring notification under §
											319.302
				  of this title.
(C) The mayor and
				  city manager of a city whose drinking water supply intake is within 1/2-mile of
				  a spill requiring notification under §
											319.302
				  of this title.
(D) The director of
				  a water district or authority, acting under the Texas Constitution, Article
				  III, §52, or Article XVI, §59, whose drinking water supply intake is
				  within 1/2-mile of a spill requiring notification under §
											319.302
				  of this title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 319 - GENERAL REGULATIONS INCORPORATED INTO PERMITS › Subchapter C - PUBLIC NOTICE OF SPILLS OR ACCIDENTAL DISCHARGES FROM WASTEWATER FACILITIES OWNED OR OPERATED BY LOCAL GOVERNMENTS › Section 319.302 - Notification Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner
				  of a facility must designate a responsible individual to comply with this
				  subchapter.
(b) In addition to the
				  noncompliance notification to the commission required by §
										305.125(9)
				  of this title (relating to Standard Permit Conditions) and any notification
				  required under Chapter 327 of this title (relating to Spill Prevention and
				  Control), the owner of a facility, through its responsible individual, must
				  notify appropriate local government officials and the local media (see §
										319.301 of
				  this title (relating to Definitions)) whenever one of the following types of
				  spills occurs from the facility:
(1) a spill,
				  regardless of volume, that the facility owner knows or has reason to know, will
				  adversely affect a public or private source of drinking water;
(2) a spill with a volume of 50,000 gallons
				  or more where one or more of the following conditions also exists:
(A) the spill occurs within 1/2-mile of a
				  public or private source of drinking water;
(B) the spill occurs within 1/2-mile of a
				  private drinking water well which is located within 1/2-mile of a public water
				  supply well;
(C) the spill occurs
				  within 1/2-mile up-gradient of a surface water intake of a public or private
				  source of drinking water;
(D) the
				  spill occurs in an active groundwater recharge area;
(E) the spill occurs up-gradient and within
				  1/2-mile of a karst terrain or shallow alluvial well that is a source of
				  drinking water;
(3) a
				  spill of 100,000 gallons or more.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 319 - GENERAL REGULATIONS INCORPORATED INTO PERMITS › Subchapter C - PUBLIC NOTICE OF SPILLS OR ACCIDENTAL DISCHARGES FROM WASTEWATER FACILITIES OWNED OR OPERATED BY LOCAL GOVERNMENTS › Section 319.303 - Notice to Local Officials and Local Media

Current through Reg. 49, No. 28; July 12, 2024
(a) Persons responsible for a wastewater
				  spill must ensure notice complies with subsections (b) and (c) of this section.
				  Responsible persons may contact the commission to obtain a template which may
				  be used in the event of a wastewater spill.
(b) For all wastewater spills as referenced
				  in §
										319.302(b)
				  of this title (relating to Notification Requirements) the notice must contain
				  the following:
(1) one of the following
				  statements:
(A) a spill from a wastewater
				  treatment facility has occurred; or
(B) a spill from a collection facility has
				  occurred;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 321 - CONTROL OF CERTAIN ACTIVITIES BY RULE › Subchapter A - BOAT SEWAGE DISPOSAL › Section 321.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
The provisions in this subchapter are issued under the
					 authority of Texas Water Code, Chapter 26, Water Quality
					 Control.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 321 - CONTROL OF CERTAIN ACTIVITIES BY RULE › Subchapter A - BOAT SEWAGE DISPOSAL › Section 321.3 - Discharge Prohibited

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  discharge of sewage which has not been treated in accordance with federal
				  standards specified in 40 Code of Federal Regulations (CFR) Part 140 is
				  prohibited into any surface water in the state.
(b) No person may discharge sewage, treated
				  or untreated, from a boat into:
(1) any
				  inland freshwater lake, freshwater reservoir, or other freshwater impoundment
				  whose inlets or outlets are as such to prevent the entry or exit of vessel
				  traffic;
(2) any river not capable
				  of navigation by interstate vessel traffic; or
(3) Clear Lake or any other state designated
				  and federally recognized no discharge zone.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 321 - CONTROL OF CERTAIN ACTIVITIES BY RULE › Subchapter A - BOAT SEWAGE DISPOSAL › Section 321.4 - Requirements for Marine Sanitation Devices

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Any marine sanitation device installed on a boat shall meet the requirements
				  specified in 33 Code of Federal Regulations (CFR) Part 159.
(b) If a Type I or Type II marine sanitation
				  device is installed on any boat, the operator shall secure the device using an
				  acceptable method described in 33 CFR Part 159 to prevent the discharge of
				  treated or untreated sewage while located on a no discharge zone.
(c) A portable marine sanitation device that
				  is designed to facilitate the carry-off of sewage for onshore disposal is
				  acceptable as an additional marine sanitation device on any boat other than a
				  houseboat.
(d) All houseboats,
				  regardless of length, shall be equipped with at least one permanently installed
				  toilet which shall be properly connected to a Type III marine sanitation
				  device. The toilet may be simultaneously connected to both a Type III marine
				  sanitation device and to another approved marine sanitation device only if the
				  valve or other mechanism between the two devices are set to direct all sewage
				  to the Type III marine sanitation device and shall be locked or otherwise
				  secured by the boat operator in a manner that will prevent the discharge of
				  treated or untreated sewage while the vessel is located on a no discharge
				  zone.
(e) Contents of a holding
				  tank, whether permanently installed or portable, may be disposed of only by the
				  following methods:
(1) discharge into a boat
				  pump-out station approved and certified under this subchapter;
(2) discharge into an adequately-sized
				  on-site sewage facility permitted to receive boat sewage in accordance with
				  Texas Health and Safety Code, Chapter 366 and Chapter 285 of this title
				  (relating to On-Site Sewage Facilities); or
(3) pick up and discharge by a transporter
				  registered under Chapter 312, Subchapter G of this title (relating to
				  Transporters and Temporary Storage Provisions), for disposal at a facility
				  permitted or authorized by the commission to receive boat sewage.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 321 - CONTROL OF CERTAIN ACTIVITIES BY RULE › Subchapter A - BOAT SEWAGE DISPOSAL › Section 321.5 - Design Specifications and Operation Requirements for Boat Pump-Out Stations

Current through Reg. 49, No. 28; July 12, 2024
(a) Boat pump-out
				  stations shall be designed:
(1) to provide a
				  spill-proof connection with shipboard holding tanks;
(2) with suction controls or vacuum breaker
				  to limit suction to such levels as will avoid collapse of rigid holding
				  tanks;
(3) to provide fresh water
				  facilities for tank flushing;
(4)
				  with a check valve and positive cut-off or other device to preclude spillage
				  when breaking connection with a vessel being serviced;
(5) to provide adequate interim storage, if
				  required, prior to transfer to an approved sewage system for disposal;
				  and
(6) to ensure that any
				  connection to a drinking water system is provided with vacuum breakers or other
				  device designed to insure against backflow or siphonage of sewage or
				  contaminated water into the drinking water system.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 321 - CONTROL OF CERTAIN ACTIVITIES BY RULE › Subchapter A - BOAT SEWAGE DISPOSAL › Section 321.6 - Applicability of Certifications

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The executive director is authorized to certify marine sanitation devices and
				  boat pump-out stations as meeting the requirements of this
				  subchapter.
(b) The owner of any
				  boat with a permanently installed marine sanitation device located on surface
				  water in the state must obtain and maintain certification of facilities for
				  that boat in accordance with the provisions of this subchapter, except as
				  described in subsection (d) of this section.
(c) The owner of a boat pump-out station
				  operated on or adjacent to surface water in the state must obtain and maintain
				  certification of those facilities in accordance with the provisions of this
				  subchapter.
(d) The certification
				  requirement for marine sanitation devices is not required for:
(1) those boats that are registered in
				  another state or country, which will be located on surface water in the state
				  for less than 30 consecutive days during a 12-month period; provided they have
				  a marine sanitation device meeting the requirements of this
				  subchapter;
(2) any marine
				  sanitation device owned by a federal, state, or local governmental agency;
				  or
(3) those boats which are
				  certified with an authorized local government, as described in §
											321.8(d)
				  of this title (relating to Certification Fees).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 321 - CONTROL OF CERTAIN ACTIVITIES BY RULE › Subchapter A - BOAT SEWAGE DISPOSAL › Section 321.7 - Obtaining Certifications

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applications for certifications shall be made on a standard form provided by
				  the executive director. The application must be submitted to the executive
				  director with the appropriate fee, as described in §
										321.8 of this
				  title (relating to Certification Fees).
(b) Initial certifications. Certification
				  application forms must be submitted to the executive director for:
(1) marine sanitation devices within 45 days
				  of obtaining a boat number or of determining that a boat number is not required
				  to be obtained under the Texas Water Safety Act, Texas Parks and Wildlife Code,
				  Title 4, Chapter 31; and
(2) a boat
				  pump-out station prior to its operation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 321 - CONTROL OF CERTAIN ACTIVITIES BY RULE › Subchapter A - BOAT SEWAGE DISPOSAL › Section 321.8 - Certification Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  shall charge a fee of $15 for the initial certification and each renewal
				  certification of marine sanitation devices.
(b) The commission shall charge a fee of $35
				  for the initial certification and $25 for the renewal certification of a boat
				  pump-out station. Inspections of boat pump-out stations may be required prior
				  to certification.
(c) If a
				  certification decal becomes illegible or is destroyed, a replacement decal can
				  be obtained from the executive director for a fee of $2.00.
(d) The commission may delegate the
				  administration and performance of the certification function to another
				  governmental entity in the state. When such delegation occurs, the governmental
				  entity shall have the authority to administer and perform the certification
				  functions contained in this subchapter within its jurisdictional boundaries.
				  Compliance with the certification requirements of the delegated governmental
				  entity is deemed to be in compliance with applicable provisions of this
				  subchapter if such requirements are as restrictive in prohibiting the discharge
				  of sewage from boats as the provisions in this subchapter. On furnishing proof
				  of certification by a delegated governmental entity, a copy of the
				  certification requirements that governs the discharge of sewage from boats
				  inside the jurisdiction of the governmental entity, and a $2.00 fee payable to
				  the commission for issuance of decals, the boat owner will obtain a
				  certification decal from the executive director in order to locate the boat on
				  surface water in the state outside the jurisdiction of the governmental
				  entity.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 321 - CONTROL OF CERTAIN ACTIVITIES BY RULE › Subchapter A - BOAT SEWAGE DISPOSAL › Section 321.9 - Evidence of Certifications

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Evidence of the certification, which must clearly indicate the date of
				  expiration, shall be displayed on a boat as follows:
(1) On a boat registered by the Texas Parks
				  and Wildlife Department under the Water Safety Act, the certification decal
				  must be clearly visible and be placed within three inches of the registration
				  validation decal; or
(2) On boats
				  unregistered by the Texas Parks and Wildlife Department, the certification
				  decal must be clearly visible on the exterior of the boat.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 321 - CONTROL OF CERTAIN ACTIVITIES BY RULE › Subchapter A - BOAT SEWAGE DISPOSAL › Section 321.10 - Delegation to Local Governmental Entities

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director may delegate the
				  administration and performance of the functions required by this subchapter to
				  any local governmental entity wishing to perform the certification functions.
				  The commissioners' court of a county so delegated may designate any agency of
				  the county to perform such certification.
(b) Any local governmental entity seeking to
				  obtain delegation to administer and perform the certification functions
				  pursuant to this subchapter shall submit a request to the executive director.
				  The request shall be submitted on a form approved by the executive
				  director.
(c) Upon approval of a
				  request to obtain delegation under this section, the executive director shall
				  notify the local governmental entity in writing to provide for the terms and
				  conditions of program assumption, including the executive director's
				  oversight.
(d) Any local
				  governmental entity which has been delegated authority pursuant to Texas Water
				  Code, §
										26.044,
				  is hereby authorized to inspect boat pump-out stations in its designated
				  area.
(e) The executive director
				  reserves the right to modify or rescind any powers and functions delegated to
				  any local governmental entity and shall notify immediately the local
				  governmental entity when it modifies or rescinds any such delegation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 321 - CONTROL OF CERTAIN ACTIVITIES BY RULE › Subchapter A - BOAT SEWAGE DISPOSAL › Section 321.11 - Criminal Penalties

Current through Reg. 49, No. 28; July 12, 2024
Any person who violates or fails to comply with the
					 provisions of this subchapter concerning the disposal of sewage from boats is
					 subject to criminal penalties pursuant to the Texas Parks and Wildlife Code,
					 §
										31.129.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 321 - CONTROL OF CERTAIN ACTIVITIES BY RULE › Subchapter B - CONCENTRATED ANIMAL FEEDING OPERATIONS › Section 321.31 - Manure, Litter, and Wastewater Discharge and Air Emission Limitations

Current through Reg. 49, No. 28; July 12, 2024
(a) There shall be
				  no discharge or disposal of manure, litter, or wastewater from an animal
				  feeding operation (AFO) into or adjacent to waters in the state, except in
				  accordance with an individual water quality permit issued by the commission, or
				  a concentrated animal feeding operation (CAFO) general permit or other
				  authorization issued or adopted by the commission. Manure, litter, and
				  wastewater generated by an AFO under this subchapter shall be retained and
				  utilized in an appropriate and beneficial manner as provided by commission
				  rules, orders, authorizations, CAFO general permits, or individual water
				  quality permits.
(b) AFOs shall be
				  operated in such a manner as to prevent the creation of a nuisance or a
				  condition of air pollution as mandated by Texas Health and Safety Code, Chapter
				  341 and Chapter 382.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 321 - CONTROL OF CERTAIN ACTIVITIES BY RULE › Subchapter B - CONCENTRATED ANIMAL FEEDING OPERATIONS › Section 321.35 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Application
				  fee. Each applicant for an individual water quality permit shall pay an
				  application fee as required by §
										305.53
				  of this title (relating to Application Fee).
(b) Annual assessment fees. Each permittee
				  shall pay a consolidated annual fee as required by Chapter 21 of this title
				  (relating to Water Quality Fees).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 321 - CONTROL OF CERTAIN ACTIVITIES BY RULE › Subchapter B - CONCENTRATED ANIMAL FEEDING OPERATIONS › Section 321.37 - Effluent Limitations for Concentrated Animal Feeding Operation (CAFO) Production Areas

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  requirements will be applied in a permit or authorization issued by the
				  commission, as applicable to concentrated animal feeding operations
				  (CAFOs).
(b) The effluent
				  limitations promulgated by the United States Environmental Protection Agency
				  applicable to duck CAFOs, including 40 Code of Federal Regulations (CFR)
				  §§412.20 - 412.26 are adopted by reference.
(c) There shall be no discharge of manure,
				  sludge, or wastewater from a poultry (chickens and turkeys), swine, or veal
				  calf CAFO production area that is subject to the new source performance
				  standards in
				  40 CFR
				  §412.46.
(1) The operator of a poultry (chickens and
				  turkeys), swine, or veal calf CAFO subject to the new source performance
				  standards in
				  40 CFR
				  §412.46 shall design, construct,
				  operate, and maintain retention control structures (RCSs) such that no
				  discharge will occur.
(2)
				  Provisions for upset or bypass, as defined in §
											321.32 of
				  this title (relating to Definitions) and as provided in
				  40
				  CFR §122.41(m) and (n),
				  apply to a new source subject to this provision. To establish the affirmative
				  defense of upset, a permittee shall demonstrate, through properly signed
				  operating logs, or other relevant evidence that:
(A) an upset occurred and that the permittee
				  can identify the cause(s) of the upset; and
(B) the permitted facility was at the time
				  being properly operated in accordance with its permit or authorization and all
				  applicable CAFO rules and regulations.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 321 - CONTROL OF CERTAIN ACTIVITIES BY RULE › Subchapter B - CONCENTRATED ANIMAL FEEDING OPERATIONS › Section 321.38 - Control Facility Design Requirements Applicable to Concentrated Animal Feeding Operations (CAFOs)

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. The purpose of this section is to describe the control facility design
				  requirements that apply to concentrated animal feeding operations (CAFOs). Any
				  CAFO operator that does not use a retention control structure (RCS) is not
				  subject to subsections (e), (f), and (g) of this section.
(b) Well buffers. Except as provided by
				  subsection (c) of this section, the control facility of an animal feeding
				  operation (AFO) shall be separated from a well by ensuring a minimum buffer
				  zone, as described in this subsection. An AFO shall not locate a new RCS or
				  holding pen within the required well buffer zones:
(1) public drinking water supply wells - 500
				  feet;
(2) drinking water wells used
				  for private water supply - 150 feet; or
(3) water wells used exclusively for
				  agriculture irrigation - 100 feet.