reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter C - CONSTRUCTION REQUIREMENTS › Section 299.30 - Record Drawings

Current through Reg. 49, No. 28; July 12, 2024
(a) Within six
				  months after final completion of construction, the owner shall submit to the
				  executive director a complete set of record drawings of the project for filing
				  with the permanent records. These record drawings must show all revisions made
				  during construction, including the permanent reference mark(s); be sealed,
				  signed, and dated by the professional engineer; and be identified as final
				  record drawings.
(b) If no changes
				  were made during construction, the owner may submit in writing a statement,
				  which is signed, sealed, and dated by the professional engineer, that no
				  changes were made during construction.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter C - CONSTRUCTION REQUIREMENTS › Section 299.31 - Permanent Reference Mark

Current through Reg. 49, No. 28; July 12, 2024
The owner of a proposed dam or a dam proposed to be
					 reconstructed, modified, enlarged, rehabilitated, altered, or repaired shall
					 have the professional engineer of record establish one or more permanent
					 reference mark(s) for future use near, but separate from, the project. Accurate
					 location(s) and elevation(s) above mean sea level for the permanent reference
					 mark(s) must be shown on the record drawings. Horizontal and vertical
					 measurements recorded with a global positioning system (GPS) receiver must be
					 based on the North American Datum of 1983 and the North American Vertical Datum
					 of 1988 horizontal and vertical reference datums. Elevation data must be
					 recorded using a survey instrument or survey grade GPS receiver. Latitude and
					 longitude measurements must be provided in decimal degrees to six decimal
					 places.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter C - CONSTRUCTION REQUIREMENTS › Section 299.32 - Gate Operation Plan

Current through Reg. 49, No. 28; July 12, 2024
The owner shall have a professional engineer develop a gate
					 operation plan, as described in §
										299.44(c)
					 of this title (relating to Gate Operation Plan), for the owner of a proposed
					 dam with a gated principal spillway before completion of
					 construction.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter C - CONSTRUCTION REQUIREMENTS › Section 299.33 - Operation and Maintenance

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner
				  shall develop operation and maintenance procedures as described in §
										299.43
				  of this title (relating to Operation and Maintenance) for all proposed dams
				  before completion of construction.
(b) If applicable, the owner shall provide
				  the date that the owner will turn over the operation and maintenance of the dam
				  to a property owner association, homeowner association, or other designated
				  group and the new contact information in writing to the executive
				  director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter D - OPERATION AND MAINTENANCE OF DAMS › Section 299.41 - Owner's Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The owner shall be responsible for operating and maintaining the dam and
				  appurtenant structures in a safe manner.
(b) The owner shall be responsible for
				  addressing all maintenance and safety concerns at the dam and appurtenant
				  structures identified during any inspections conducted by the executive
				  director or the owner.
(c) The
				  owner shall ensure that necessary maintenance, repairs, alterations, or
				  modifications are initiated and completed in a timely manner following any
				  inspection.
(d) Nothing in this
				  chapter or in orders issued by the commission shall be construed to relieve an
				  owner of a dam or reservoir of the legal duties, obligations, or liabilities
				  incident to ownership or operation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter D - OPERATION AND MAINTENANCE OF DAMS › Section 299.43 - Operation and Maintenance

Current through Reg. 49, No. 28; July 12, 2024
(a) The owners
				  of all dams shall develop and implement an operation and maintenance plan. The
				  owner may use the most current version, at the time of the plan development, of
				  the agency's
Guidelines for Operation and Maintenance of Dams in
				  Texas,
a manual, a checklist, or some other procedure to demonstrate
				  implementation of the program. Operation and maintenance activities that must
				  be addressed include, but are not limited to:
(1) the schedules for both engineering and
				  maintenance inspections performed by the owner or the owner's professional
				  engineer;
(2) any restrictions
				  imposed by the professional engineer's design;
(3) a list of maintenance items and a
				  schedule for addressing each item, including, but not limited to:
(A) replacing riprap;
(B) eliminating animal burrows;
(C) removing blockage from the principal
				  spillway inlet and outlet structures and removing obstructions from the
				  emergency spillways, including fences;
(D) lubricating, repairing, painting, and
				  exercising gates or valves, if in working condition, or if
				  applicable;
(E) removing corrosion
				  on gates and other metal appurtenant structures;
(F) sealing of cracks and joints in
				  concrete;
(G) preventing or
				  controlling erosion, including animal and vehicular trails and wave action
				  erosion;
(H) eliminating small
				  trees (less than or equal to four inches in diameter) and brush on the dam and
				  all trees and brush in the spillways and adjacent to concrete
				  structures;
(I) maintaining
				  adequate grass cover on earthen dams and spillways;
(J) maintaining proper function of foundation
				  or toe drains; and
(K) correcting
				  any other items that may impact the dam or appurtenant structures;
				  and
(4) if applicable, a
				  plan for monitoring instrumentation in the dam and appurtenant structures, to
				  include:
(A) a list of all types of
				  instruments, instrument number, and locations;
(B) schedules and procedures for reading and
				  maintenance of each instrument; and
(C) a list of critical readings for each
				  instrument and the process to follow if critical readings are
				  measured.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter D - OPERATION AND MAINTENANCE OF DAMS › Section 299.44 - Gate Operation Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) The owners of
				  all existing intermediate- and large-size dams, as defined in §
										299.13
				  of this title (relating to Size Classification Criteria), with gated spillways
				  shall have a professional engineer develop a gate operation plan within two
				  years after the effective date of the rules. The owner's professional engineer
				  shall notify the executive director in writing that the gate operation plan has
				  either been completed or a gate operation plan exists that meets the
				  requirement of this section. If an owner cannot complete the gate operation
				  plans within the two years required in subsection (b) of this section, the
				  owner shall request an extension of time showing cause or a reasonable basis
				  for the need for an extension and providing a time frame to complete. The
				  request shall be submitted to the executive director for review and
				  approval.
(b) The gate operation
				  plan must include:
(1) gate procedures for
				  use during normal operating conditions, flood events, other varying hydrologic
				  events, and power failures; and
(2)
				  a method for coordinating releases with owners of other dams in the river
				  basin, if applicable.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter D - OPERATION AND MAINTENANCE OF DAMS › Section 299.45 - Emergency Repairs

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner shall
				  undertake emergency repairs under the supervision of a professional engineer
				  and implement the emergency action plan as soon as possible after the emergency
				  is discovered and evaluated. The owner may start emergency repairs without
				  approval from the executive director.
(b) The owner shall notify the executive
				  director by telephone, electronic mail, or facsimile of the action being taken
				  as soon as the emergency situation allows, but no more than 12 hours after the
				  emergency is discovered and evaluated.
(c) The owner shall have a professional
				  engineer develop plans for permanent repairs as soon as the emergency is over.
				  The owner shall have a professional engineer submit the plans for review and
				  approval, as described in §
										299.22
				  of this title (relating to Review and Approval of Construction Plans and
				  Specifications).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter D - OPERATION AND MAINTENANCE OF DAMS › Section 299.46 - Records

Current through Reg. 49, No. 28; July 12, 2024
(a) All owners
				  shall maintain records, if available, on the inspection, operation, and
				  maintenance of their dams, including, but not limited to:
(1) inspection checklists, reports, and
				  correspondence;
(2) a log of all
				  operation and maintenance activities undertaken;
(3) a gate operation plan, if
				  applicable;
(4) a log of all
				  repairs undertaken, including the date of the repairs and the work
				  performed;
(5) a log of
				  instrumentation readings, if applicable;
(6) a log of all flood events and
				  emergencies; and
(7) approved
				  plans, record drawings, specifications, approval letters, construction records,
				  and other engineering and design reports.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter E - REMOVAL OR BREACH OF DAMS › Section 299.51 - Removal or Breach of Dams

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Owners proposing to remove or breach a dam, or owners ordered to remove a
				  deficient dam by the executive director, the commission, or court action, shall
				  submit final plans and specifications to the executive director for review and
				  approval before start of work to remove or breach the dam.
(b) The owner shall have a professional
				  engineer submit to the executive director sealed, signed, and dated plans for
				  removing or breaching a dam as outlined in the most current version, at the
				  time of the design, of the agency's
Dam Removal
				  Guidelines.
(c) The owner
				  may be required to address environmental or social impacts as described in the
				  most current version, at the time of the design, of the agency's
Dam
				  Removal Guidelines,
which may require approval from other agencies
				  before work can begin.
(d) The
				  owner may be required to restore the dam site to blend with the topography of
				  the lake area.
(e) If the plans for
				  removal or breaching meet the requirements in subsection (b) of this section,
				  the executive director shall issue written approval to the owner.
(f) The owner shall provide the executive
				  director within 45 days after completion of the breach or removal a
				  notification of completion. The executive director shall conduct an inspection
				  after receipt of notification of completion to verify that the removal or
				  breach has been completed in agreement with the plans.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter E - REMOVAL OR BREACH OF DAMS › Section 299.52 - Abandonment of Dams

Current through Reg. 49, No. 28; July 12, 2024
If an owner abandons a dam at any time, regardless of
					 hazard classification, the owner shall remove or breach the dam, as described
					 in §
										299.51
					 of this title (relating to Removal or Breach of Dams), at the owner's expense,
					 to eliminate any hazard to life and property downstream.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter F - EMERGENCY MANAGEMENT › Section 299.62 - Security of Dams

Current through Reg. 49, No. 28; July 12, 2024
(a) Owners of
				  high-hazard dams that are notified in writing by the executive director within
				  six months of the effective date of these rules of dams that may need increased
				  security shall address:
(1) security at the
				  owner's dams to prevent unauthorized operation or access; and
(2) backup power requirements to ensure
				  operation of the dam and appurtenant structures.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter G - ENFORCEMENT › Section 299.71 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  executive director alleges violations of this chapter, enforcement action may
				  be pursued according to Texas Water Code, Chapter 7 and §
										70.5 of this
				  title (relating to Remedies). Remedies include:
(1) seeking an emergency order from the
				  commission to either reconstruct, modify, alter, or repair the deficient dam or
				  remove the dam as described in §
											299.72 of this
				  title (relating to Emergency Orders); or
(2) referring to the Office of the Attorney
				  General for civil judicial action, including the assessment of civil penalties
				  and injunctive relief.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter G - ENFORCEMENT › Section 299.72 - Emergency Orders

Current through Reg. 49, No. 28; July 12, 2024
According to the provisions of Texas Water Code, §
										12.052, and Chapter 35
					 of this title (relating to Emergency and Temporary Orders and Permits;
					 Temporary Suspension or Amendment of Permit Conditions), the commission may
					 issue emergency orders, without notice to the owner, directing the owner of a
					 deficient dam to take immediate and appropriate action to remedy situations
					 posing a threat to human life or property.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter A - GENERAL PROVISIONS › Section 301.1 - Interpretation of Legislative Authority

Current through Reg. 49, No. 28; July 12, 2024
The legislature of the State of Texas manifested an
					 intention to protect the public interest by establishing a centralized and
					 coordinated method for planning and review of drainage and reclamation
					 activity. The legislature demonstrated such an intent by causing levees or
					 other improvements and associated projects to be subject always to the
					 supervision of a central statewide authority. It is the purpose of the
					 commission under Texas Water Code, Chapters 5, 16, and 57, to implement this
					 policy by the promulgation of these sections.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter A - GENERAL PROVISIONS › Section 301.3 - Authority To Go on Land

Current through Reg. 49, No. 28; July 12, 2024
The executive director may enter any land or go on any
					 water with appropriate equipment for the purpose of surveillance and inspection
					 with reference to the proposed location of levees or other
					 improvements.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter A - GENERAL PROVISIONS › Section 301.4 - Approvals Required

Current through Reg. 49, No. 28; July 12, 2024
(a) The approval of
				  the commission is required for preliminary plans for construction of levees and
				  other improvements other than those which are exempt under Texas Water Code,
				  §
										16.236.
				  The procedure for submission and approval of preliminary plans for levees and
				  other improvements other than those which are exempt is set forth in Subchapter
				  C of this chapter (relating to Approval of Levees and Other
				  Improvements.)
(b) The review
				  and/or approval of the executive director is required for final plans for
				  levees and other improvements. The procedure for submission, review, and
				  approval, if required, is set forth in §
										301.38
				  of this title (relating to Procedures Subsequent to Approval of Preliminary
				  Plans).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter A - GENERAL PROVISIONS › Section 301.6 - Injunction and Monetary Penalties

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Texas Water Code (TWC), §16.236(b)
					 and (c), the executive director may request the attorney general to file suit
					 in a district court of Travis County to enjoin any such violation or threatened
					 violation of TWC, §16.236, to seek monetary penalties, or
					 both.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter B - LEVEE IMPROVEMENT DISTRICTS AND FORMATION OF DISTRICT › Section 301.21 - Procedures Concerning Formation of District

Current through Reg. 49, No. 28; July 12, 2024
(a) Levee improvement districts to which this
				  subchapter applies are formed in accordance with the procedures set forth in
				  Texas Water Code (TWC), Chapter 57.
(b) Upon petitioning the county
				  commissioner's court for the creation of the district under TWC, Chapter 57,
				  and giving the notice required by TWC, §57.015, the person or persons
				  petitioning the county commissioner's court shall file with the executive
				  director notice of the hearing before the county commissioner's court on the
				  creation of the district. The notice must state that the petition has been
				  filed with the appropriate county commissioner's court and must include a
				  statement of the petition's general purpose and the time and place of the
				  hearing.
(c) In accordance with
				  TWC, §57.016, the executive director shall attend the hearing before the
				  county commissioner's court on the petition to create the district and shall
				  file a written report with the county commissioner's court concerning the
				  necessity, feasibility, probable costs of reclaiming the land of the district
				  from overflow and of draining it properly, and costs of organizing the district
				  and maintaining it for two years. The executive director shall furnish the
				  county commissioner's court with any additional information that is
				  required.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter C - APPROVAL OF LEVEES AND OTHER IMPROVEMENTS › Section 301.31 - Application for Approval of Preliminary Plans for Levees and Other Improvements

Current through Reg. 49, No. 28; July 12, 2024
Any person who seeks approval of the commission under Texas
					 Water Code, §
										16.236,
					 for construction of any levee or other improvement shall file an application
					 with the executive director, together with a set of preliminary plans for the
					 levee or other improvement, in duplicate. The preliminary data so submitted
					 must be in sufficient detail to permit the executive director to evaluate the
					 project. Ordinarily, existing maps and information are adequate for the
					 development of acceptable preliminary plans without the necessity of extensive
					 site clearing or detailed surveys. The application and preliminary plans must
					 comply with Subchapter D of this chapter (relating to Notice and
					 Hearing).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter C - APPROVAL OF LEVEES AND OTHER IMPROVEMENTS › Section 301.32 - Purpose of Preliminary Plans

Current through Reg. 49, No. 28; July 12, 2024
The purpose of the preliminary plans is primarily to allow
					 the executive director to determine whether the project appears safe and is
					 compatible with existing hydraulic conditions in the area. Preliminary plans
					 should clearly reflect the design concept and indicate how the design was
					 developed. Details of project construction are not required to be shown in the
					 preliminary plans. It is the policy of the commission to evaluate the project
					 from preliminary plans in order that the applicant may determine whether the
					 project concept is to be approved prior to the incurring of large expenditures
					 for a complete development of the final plans and
					 specifications.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter C - APPROVAL OF LEVEES AND OTHER IMPROVEMENTS › Section 301.33 - Preliminary Plans: Data To Be Submitted

Current through Reg. 49, No. 28; July 12, 2024
(a) The applicant shall submit maps, plats,
				  drawings, computations and narratives which shall illustrate and describe the
				  following:
(1) the location and extent of the
				  proposed works, including the county or counties affected by the project. When
				  possible, the applicant should satisfy this requirement by submitting a
				  detailed map which can be superimposed by the executive director upon a United
				  States Geological Survey 7-1/2 minute quadrangle map, or if such is
				  unavailable, on a suitable contour map;
(2) the name and course of the river, stream,
				  or other watercourse, with the direction of flow indicated, which is associated
				  with or would be affected by the proposed project;
(3) the location and ownership of all
				  existing levees, channels, canals, reservoirs, dams, or other works of similar
				  character, which may be affected by the proposed project, indicated by
				  appropriate symbol to differentiate such works from the proposed
				  works;
(4) the location and
				  ownership, including current mailing address of owners, and location, shown by
				  map, of all properties:
(A) lying within any
				  proposed protected area; or
(B)
				  adjacent to the proposed works or which may be affected by the project's
				  alteration of the flood flows of the stream. The purpose of this second
				  requirement is so that all interested property owners may be notified of the
				  application. The applicant, the executive director, and the commission shall
				  liberally construe what areas are potentially affected by the proposed project
				  to ensure that all landowners within the vicinity whose land could be
				  potentially impacted by the proposed project receive notice. Failure of the
				  applicant to adequately provide the information will delay the processing of
				  the application. The executive director may submit an application to the
				  commission for summary dismissal if the applicant refuses to supply this
				  information.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter C - APPROVAL OF LEVEES AND OTHER IMPROVEMENTS › Section 301.35 - Additional Information

Current through Reg. 49, No. 28; July 12, 2024
The executive director may request any additional pertinent
					 information from the applicant which he deems necessary to evaluate the effects
					 of a proposed project before submitting the application to the commission for
					 setting of a hearing.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter C - APPROVAL OF LEVEES AND OTHER IMPROVEMENTS › Section 301.36 - Plans To Bear Seal of Engineer

Current through Reg. 49, No. 28; July 12, 2024
All preliminary plans and other plans which are submitted
					 with an application for approval of a levee or other improvement shall be
					 prepared by or under the direction of a registered professional engineer and
					 signed by the registered professional engineer whose seal shall appear upon or
					 be affixed thereto.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter C - APPROVAL OF LEVEES AND OTHER IMPROVEMENTS › Section 301.37 - Referral of Application to Commission

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The processing of the application shall be in accordance with Chapter 281 of
				  this title (relating to Applications Processing). When the executive director
				  has determined that the application is administratively complete under Chapter
				  281 of this title (relating to Applications Processing) and that the applicant
				  has paid the required fees, he shall refer the application to the chief clerk
				  of the commission for issuance of mail notice of application and commission
				  action in accordance with §
										301.52
				  of this title (relating to Notice of the Application By Mail). For the sole
				  purpose of issuing adequate notice, the executive director will include a
				  recommendation to the commission of the area wherein the proposed project(s)
				  which comprise the application would have potential impact based upon the
				  information provided by the applicant, pursuant to §
										301.33
				  of this title (relating to Preliminary Plans: Data To Be Submitted), and the
				  executive director's review of that information. The executive director shall
				  also notify the applicant that he has determined that the project is within the
				  commission's jurisdiction.
(b) If
				  the executive director determines that the project is not one which is within
				  the jurisdiction of the commission pursuant to the Texas Water Code, §
										16.236,
				  he shall so notify the applicant, who shall withdraw the application. If the
				  application is not withdrawn by the applicant within 90 days of the date of
				  mailing of notification of nonjurisdiction, the executive director may forward
				  the application to the commission and recommend that the commission enter an
				  order dismissing the application. The chief clerk shall notify the applicant of
				  the date set for consideration of the recommendation for dismissal.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter C - APPROVAL OF LEVEES AND OTHER IMPROVEMENTS › Section 301.38 - Procedures Subsequent to Approval of Preliminary Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) Final approval of engineering plans and
				  specifications for levees and other improvements for which commission approval
				  is required; submission of final plans for exempt levees and other
				  improvements.
(1) Following approval by the
				  commission of a proposed levee or other improvement under Texas Water Code
				  (TWC), §16.236, the applicant shall submit final engineering plans and
				  specifications to the executive director for approval prior to beginning
				  construction.
(2) For levees and
				  other improvements which are exempt under TWC, §16.236, final engineering
				  plans and specifications shall be submitted to the executive director prior to
				  beginning construction for review to ensure compliance with preliminary plans
				  submitted thereunder and to carry out the executive director's inspection
				  duties under TWC, §57.117, but approval of these final plans by the
				  executive director is not required.
(3) In addition to the submission of final
				  plans, the applicant shall also provide the executive director with proof of
				  ownership or right to construct on the project site prior to beginning
				  construction. Upon review and approval of the final plans of the applicant, the
				  executive director shall notify the applicant in writing that construction may
				  proceed.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter C - APPROVAL OF LEVEES AND OTHER IMPROVEMENTS › Section 301.39 - Time Limits for Construction

Current through Reg. 49, No. 28; July 12, 2024
(a) The time
				  during which construction must begin and must be completed. The applicant must
				  commence and complete construction of the project approved by the commission
				  within a reasonable time which shall be established by the commission as a
				  condition stated in the commission's approval order. The commission will
				  evaluate the scope of the project in determining the commencement and
				  completion requirements.
(b)
				  Failure to begin or to complete construction. Failure to begin construction or
				  to complete construction within the period specified in the approval order
				  shall be considered violations of the order and shall be grounds for withdrawal
				  of approval.
(c) Resubmission of
				  plans. If construction is not begun within the period specified in the approval
				  order or is not completed within the period specified in the order, the
				  applicant must resubmit his plans to the executive director for review and
				  consideration whether the lapse of time has resulted in changed circumstances
				  which require significant additional requirements or modifications to the
				  order, giving due consideration to the rights of third parties. Such a
				  resubmission is considered an application for extension of time for which fees
				  are payable pursuant to §§
										301.71-301.74
				  of this title (relating to Fees). Specifically, the executive director shall
				  consider whether physical changes have occurred or are imminent or planned in
				  the area of potential impact which may have an adverse effect on landowners
				  which is different from that present in the initial approval process and/or
				  which may require significant alterations of the approved plans or significant
				  additional requirements or modifications to the order.
(d) Referral when changed circumstances
				  exist. If the executive director determines that such changed circumstances
				  exist, he shall refer the application to the commission for action in
				  accordance with §
										301.37
				  of this title (relating to Referral of Application to Commission).
(e) Recommendation for extension of time. If
				  the executive director determines that such changed circumstances do not exist,
				  he may recommend to the commission an extension of time to begin or to complete
				  construction. Notice shall not again be required in this case. The commission
				  may, for good cause, extend the period to commence or to complete
				  construction.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter C - APPROVAL OF LEVEES AND OTHER IMPROVEMENTS › Section 301.40 - Notification of Date Work Began; Monthly Reports

Current through Reg. 49, No. 28; July 12, 2024
Within 10 days after beginning actual construction of a
					 project, the executive director shall be notified in writing of the date work
					 began. Thereafter, monthly reports of progress shall be forwarded to the
					 executive director by the 10th day of each month during construction. The
					 report shall show the work accomplished during the month, the percentage of
					 time used, and the percentage of completion of the project as of the close-out
					 date of the report. In addition, the report shall show the inclusive dates of
					 the reporting period.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter C - APPROVAL OF LEVEES AND OTHER IMPROVEMENTS › Section 301.41 - Maintenance of Records

Current through Reg. 49, No. 28; July 12, 2024
The owner shall continuously maintain records to ensure
					 compliance with the approved plans and specifications during construction.
					 Copies of these records shall be furnished to the executive director at monthly
					 intervals during the construction period, and must include, but not necessarily
					 be limited to, such items as soil moisture-density test results, and concrete
					 trial batch designs test and compression test results.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter C - APPROVAL OF LEVEES AND OTHER IMPROVEMENTS › Section 301.42 - Inspection

Current through Reg. 49, No. 28; July 12, 2024
Inspection of construction work shall be conducted by a
					 registered professional engineer experienced in the construction of levees and
					 channel modifications and responsible directly to the owner. Continuous daily
					 inspections shall be made and may be delegated to a qualified technician
					 (inspector) provided he or she is under the supervision of the owner's
					 engineer. The executive director may make periodic inspections for the purpose
					 of ascertaining compliance with approved plans and specifications. Such
					 inspections shall be at the expense of the commission. The executive director
					 shall require the owner, at his or her expense, to perform necessary work or
					 tests and to disclose information sufficient to enable the executive director
					 to determine that conformity with approved plans and specifications is
					 accomplished.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter C - APPROVAL OF LEVEES AND OTHER IMPROVEMENTS › Section 301.43 - Certification by Executive Director

Current through Reg. 49, No. 28; July 12, 2024
After approval for the construction of a project has been
					 obtained by a levee improvement district from the commission, the executive
					 director shall inspect the construction of the project at least once every 60
					 days after the construction work has commenced, and if the executive director
					 finds that the work has been done in compliance with the construction contract,
					 the executive director shall certify this fact. The certificate shall give a
					 full description of the work done up to the date of inspection. If the
					 executive director finds that the work has not been done in compliance with the
					 construction contract, the executive director shall officially certify this
					 fact to the district and to the commission. The certificate shall specify how
					 the contractor has failed to comply with the construction
					 contract.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter C - APPROVAL OF LEVEES AND OTHER IMPROVEMENTS › Section 301.44 - Alterations of Final Plans and Specifications

Current through Reg. 49, No. 28; July 12, 2024
If after inspection, investigation, or examination, or at
					 any time as the work progresses, the executive director finds that changes or
					 amendments are necessary to ensure safety, he may request the owner to revise
					 his or her plans and/or specifications. Alterations of the plans and
					 specifications must be approved by the executive director before work commences
					 under the changes, except in emergencies requiring immediate action, in which
					 instance the executive director shall be immediately notified. If the proposed
					 alterations would result in deviation from the approved plans, amendment of the
					 approved plans must be obtained from the commission. An application must be
					 submitted for approval of the amendment. If, in the opinion of the executive
					 director, the amendment would have a potential adverse affect on property
					 owners' rights which is materially different from that in the initial approval
					 process, he shall inform the applicant, and notice must again issue in
					 compliance with §§
										301.51-301.57
					 of this title (relating to Notice and Hearing).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter C - APPROVAL OF LEVEES AND OTHER IMPROVEMENTS › Section 301.45 - Failure To Comply with Approved Plans and Specifications

Current through Reg. 49, No. 28; July 12, 2024
If at any time during construction, enlargement, repair, or
					 alteration of any levee or channel modification, the executive director finds
					 that the work is not being done in accordance with approved plans and
					 specifications, the executive director shall give written notice and direct
					 compliance by certified mail to the owner. If the owner fails to comply with
					 the directive, the executive director may take appropriate action to assure
					 compliance. Failure to comply with approved plans and specifications is ground
					 for revocation of the order approving the plan and/or civil penalty as provided
					 by law. The commission may order that the structure be removed to eliminate any
					 safety hazard to life and property.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter C - APPROVAL OF LEVEES AND OTHER IMPROVEMENTS › Section 301.46 - As-Built Plans

Current through Reg. 49, No. 28; July 12, 2024
Upon submission of as-built construction plans, the
					 applicant shall be provided a notice of final approval in writing if, in the
					 executive director's opinion, no significant variance from the approved plans
					 occurs during the course of construction. Thereafter, any enlargement or other
					 modification of the project, including any subsequent rehabilitation or
					 reconstruction of the project in a manner differing in any way from the
					 approved project plans must be submitted to the commission for approval as a
					 new levee or other improvement pursuant to this chapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter D - NOTICE AND HEARING › Section 301.51 - Notice Required

Current through Reg. 49, No. 28; July 12, 2024
The notice procedures set forth in this subchapter are
					 required for applications for approval of levees and other improvements for
					 which commission approval is required under Texas Water Code, §
										16.236.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter D - NOTICE AND HEARING › Section 301.52 - Contents of Notice of Application and Commission Action

Current through Reg. 49, No. 28; July 12, 2024
The notice of application shall fairly set forth the
					 substance of the application and proposed action. The notice shall include the
					 following:
(1) the exact location of
				  the proposed levees and other improvements as nearly as the same can be
				  described;
(2) the date on which
				  the application was filed with the executive director;
(3) a statement that the executive director
				  has determined that the application is administratively complete;
(4) the applicant's anticipated construction
				  and completion schedule;
(5) the
				  applicant's name and mailing address;
(6) a description of the project which
				  reasonably describes the specific nature and scope of the project, including
				  type of approval applicant is seeking from the commission;
(7) an explanation of the method for
				  submitting a response to the application and/or a written request for a public
				  hearing; and
(8) any additional
				  information the commission deems necessary.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter D - NOTICE AND HEARING › Section 301.53 - Notice of the Application by Mail

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The chief clerk of the commission shall send notice by first class mail to
				  persons listed in subsection (b) of this section and to persons who in the
				  judgment of the commission may be affected. The chief clerk shall mail required
				  notice not less than 30 days before the date set for commission consideration
				  of the application.
(b) The notice
				  shall be mailed to the following:
(1) current
				  landowners named in the application and/or map which accompanies the
				  application as described in §
											301.33
				  of this title (relating to Preliminary Plans: Data To Be Submitted);
(2) the county judge(s) and health
				  authorities of the county or counties affected;
(3) the following entities:
(A) the Texas Department of Health;
(B) the Texas Parks and Wildlife
				  Department;
(C) the Texas Railroad
				  Commission;
(D) the Texas State
				  Soil and Water Conservation Board;
(E) the Texas General Land Office;
(F) the Texas Historical
				  Commission;
(G) local river
				  authorities;
(H) the Federal
				  Emergency Management Agency; and
(I) the U.S. Corps of Engineers;
(4) the applicant;
(5) persons who request to be put on the
				  mailing list and participants in past commission proceedings for levee(s) or
				  other improvements; and
(6) any
				  other person the commission may include, or the executive director may identify
				  after review of the data submitted as required by §
											301.33
				  of this title (relating to Preliminary Plans: Data To Be Submitted).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter D - NOTICE AND HEARING › Section 301.54 - Notice of the Application by Publication

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon being notified by the chief clerk of
				  the commission to publish a notice of application and commission action, the
				  applicant shall cause the notice to be published in a newspaper of general
				  circulation in each county wherein the project would have potential impact as
				  set forth in §
										301.33
				  of this title (relating to Preliminary Plans: Data To Be Submitted) and §
										301.53
				  of this title (relating to Notice of the Application By Mail). Publication in
				  one newspaper is sufficient if the newspaper is of general circulation in each
				  county or counties throughout the area of potential impact.
(b) The date of publication of notice of the
				  application and commission action shall be on or before the date of publication
				  directed by the chief clerk of the commission. In any event, the date of
				  publication shall be not less than 30 days before the date set for commission
				  consideration of the application. The applicant shall pay the costs of
				  publication.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter D - NOTICE AND HEARING › Section 301.55 - Action on the Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Action
				  without public hearing. The commission may take action on an application at a
				  regular meeting without holding a public hearing provided:
(1) at least 30 days prior to the regular
				  meeting at which action is taken, notice of the application and commission
				  action has been given by mail and by publication; and
(2) within the 30-day period after the
				  publication of the notice, no request for a public hearing has been submitted
				  by a commissioner, the executive director, or an affected person who objects to
				  the application.