reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 311 - WATERSHED PROTECTION RULES › Subchapter H - REGULATION OF QUARRIES IN THE JOHN GRAVES SCENIC RIVERWAY › Section 311.73 - Prohibitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  construction or operation of any new quarry, or the expansion of any existing
				  quarry, within 200 feet of any water body located within a water quality
				  protection area in the John Graves Scenic Riverway is prohibited.
(b) Unless authorized under this subchapter,
				  the construction or operation of any new quarry, or the expansion of an
				  existing quarry, located between 200 feet and 1,500 feet of any water body
				  located within a water quality protection area in the John Graves Scenic
				  Riverway is prohibited.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 311 - WATERSHED PROTECTION RULES › Subchapter H - REGULATION OF QUARRIES IN THE JOHN GRAVES SCENIC RIVERWAY › Section 311.73 - Prohibitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The construction or operation of any new
				  quarry, or the expansion of any existing quarry, within 200 feet of any water
				  body located within a water quality protection area is prohibited.
(b) Unless authorized under this subchapter,
				  the construction or operation of any new quarry, or the expansion of an
				  existing quarry, located between 200 feet and 1,500 feet of any water body
				  located within a water quality protection area is prohibited.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 311 - WATERSHED PROTECTION RULES › Subchapter H - REGULATION OF QUARRIES IN THE JOHN GRAVES SCENIC RIVERWAY › Section 311.74 - Authorization

Current through Reg. 49, No. 28; July 12, 2024
(a) Any responsible
				  party shall seek and obtain a permit subject to the requirements of Chapters
				  205 and 305 of this title (relating to General Permits for Waste Discharges and
				  Consolidated Permits).
(b) The
				  following additional requirements imposed through this subchapter for
				  discharges from quarries located within a water quality protection area in the
				  John Graves Scenic Riverway are based on the location of the quarry.
(1) In addition to the requirements of
				  Chapters 205 and 305 of this title, a quarry located within a water quality
				  protection area in the John Graves Scenic Riverway must meet the following
				  requirements:
(A)
												§
												311.75(1)
				  of this title (relating to Permit Application Requirements);
(B)
												§
												311.79
				  of this title (relating to Performance Criteria for Quarries Located Within a
				  Water Quality Protection Area in the John Graves Scenic Riverway);
				  and
(C)
												§
												311.81(a)
				  of this title (relating to Financial Responsibility for Quarries Located Within
				  a Water Quality Protection Area in the John Graves Scenic Riverway).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 311 - WATERSHED PROTECTION RULES › Subchapter H - REGULATION OF QUARRIES IN THE JOHN GRAVES SCENIC RIVERWAY › Section 311.74 - Authorization

Current through Reg. 49, No. 28; July 12, 2024
(a) Any responsible party shall seek and
				  obtain a permit subject to the requirements of Chapters 205 and 305 of this
				  title (relating to General Permits for Waste Discharges and Consolidated
				  Permits).
(b) Based on the location
				  of a given quarry, those quarries located within a water quality protection
				  area, must comply with additional requirements imposed by this subchapter on
				  its discharges.
(1) In addition to the
				  requirements of Chapters 205 and 305 of this title, a quarry located within a
				  water quality protection area must meet the following requirements:
(A)
												§
												311.75(1) of this
				  title (relating to Permit Application Requirements);
(B)
												§
												311.79 of this title (relating to
				  Performance Criteria ); and
(C)
												§
												311.81(a) of this
				  title (relating to Financial Responsibility ).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 311 - WATERSHED PROTECTION RULES › Subchapter H - REGULATION OF QUARRIES IN THE JOHN GRAVES SCENIC RIVERWAY › Section 311.75 - Permit Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
Any responsible party who is required to obtain a permit,
					 or who requests an amendment, modification, or renewal of a permit, shall
					 complete, sign, and submit an application to the executive director, according
					 to the provisions in Chapters 205 and 305 of this title (relating to General
					 Permits for Waste Discharges and Consolidated Permits). Quarries located in the
					 John Graves Scenic Riverway must submit additional information based on the
					 location of the quarry.
(1) A quarry
				  located within a water quality protection area in the John Graves Scenic
				  Riverway must submit the following:
(A) a
				  Restoration Plan as outlined in §
											311.76 of this
				  title (relating to Restoration Plan); and
(B) evidence of sufficiently funded bonding
				  or proof of financial resources to mitigate, remediate, and correct any
				  potential future effects on a water body by an unauthorized discharge to a
				  water body in an amount no less than that specified in §
											311.81(a)
				  of this title (relating to Financial Responsibility for Quarries Located Within
				  a Water Quality Protection Area in the John Graves Scenic Riverway).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 311 - WATERSHED PROTECTION RULES › Subchapter H - REGULATION OF QUARRIES IN THE JOHN GRAVES SCENIC RIVERWAY › Section 311.75 - Permit Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
Any responsible party who is required to obtain a permit,
					 or who requests an amendment, modification, or renewal of a permit, shall
					 complete, sign, and submit an application to the executive director, according
					 to the provisions in Chapters 205 and 305 of this title (relating to General
					 Permits for Waste Discharges and Consolidated Permits). Quarries located in a
					 water quality protection area must submit additional information based on the
					 location of the quarry.
(1) All
				  quarries located within a water quality protection area must submit the
				  following:
(A) a Restoration Plan as outlined
				  in §
											311.76 of this title (relating to
				  Restoration Plan); and
(B) evidence
				  of sufficiently funded bonding or proof of financial resources to mitigate,
				  remediate, and correct any potential future effects on a water body by an
				  unauthorized discharge to a water body in an amount no less than that specified
				  in §
											311.81(a) of this
				  title (relating to Financial Responsibility).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 311 - WATERSHED PROTECTION RULES › Subchapter H - REGULATION OF QUARRIES IN THE JOHN GRAVES SCENIC RIVERWAY › Section 311.76 - Restoration Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) The Restoration
				  Plan must include a proposed plan of action for how the responsible party will
				  restore the receiving waters to background conditions in the event of an
				  unauthorized discharge that affects those receiving waters. The Restoration
				  Plan, at a minimum, must:
(1) identify
				  receiving waters at risk of an unauthorized discharge from the
				  quarry;
(2) describe the process to
				  be used in documenting the existing physical, chemical, and/or biological
				  background conditions of each of the adjacent receiving waters;
(3) provide a schedule for completing the
				  determination of background conditions of each of the receiving waters and for
				  updating background conditions in the future, as appropriate;
(4) identify the goals and objectives of
				  potential restoration actions;
(5)
				  provide a reasonable range of restoration alternatives and the preferred
				  restoration alternative that may be implemented to return the affected waters
				  to background conditions in the event of an unauthorized discharge;
(6) describe the process for monitoring the
				  effectiveness of the preferred restoration action, including performance
				  criteria, that will be used to determine the success of the restoration or need
				  for interim site stabilization;
(7)
				  identify a process for public involvement in the selection of the restoration
				  alternative to be implemented to restore the receiving waters to background
				  conditions; and
(8) provide a
				  detailed estimate of the maximum probable costs required to complete a
				  restoration action, given the size, location, and description of the quarry and
				  the nature of the receiving waters. The maximum probable cost must be based on
				  the costs to a third party conducting the action without a financial interest
				  or ownership in the quarry.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 311 - WATERSHED PROTECTION RULES › Subchapter H - REGULATION OF QUARRIES IN THE JOHN GRAVES SCENIC RIVERWAY › Section 311.78 - Reclamation Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) The Reclamation
				  Plan establishes procedures and standards for reclamation of the quarry.
(1) The Reclamation Plan must, at a minimum:
(A) provide a description of the proposed use
				  of the disturbed area following reclamation;
(B) develop site-specific standards for
				  reclamation appropriate to the end use proposed in subparagraph (A) of this
				  paragraph that addresses the following:
(i)
				  removal or final stabilization of all raw material, intermediate material,
				  final product, waste product, byproduct, and/or ancillary material;
(ii) removal of waste or closure of all waste
				  disposal areas;
(iii) removal of
				  structures, where appropriate;
(iv)
				  removal and reclamation of all temporary roads and/or railroads;
(v) backfilling, regrading, and
				  recontouring;
(vi) slope stability
				  for remaining highwalls and detention ponds;
(vii) revegetation of the reclaimed area
				  giving consideration to species diversity and the use of native
				  species;
(viii) establishment of
				  wildlife habitat;
(ix)
				  establishment of drainage patterns;
(x) establishment of permanent control
				  structures (e.g., retention ponds), where necessary, to address erosion,
				  siltation, and runoff from post quarrying and reclaimed areas; and
(xi) removal of all equipment;
(C) provide a description of how
				  reclamation will be conducted (e.g., phased reclamation) and a timetable for
				  the completion of reclamation activities.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 311 - WATERSHED PROTECTION RULES › Subchapter H - REGULATION OF QUARRIES IN THE JOHN GRAVES SCENIC RIVERWAY › Section 311.79 - Performance Criteria for Quarries Located Within a Water Quality Protection Area in the John Graves Scenic Riverway

Current through Reg. 49, No. 28; July 12, 2024
The following performance criteria are applicable to
					 quarries located within a water quality protection area in the John Graves
					 Scenic Riverway.
(1) Discharges from
				  quarries shall meet the following effluent limitations.
Attached
					 Graphic
(2)
				  Discharges from quarries resulting from a rainfall event greater than the
				  25-year, 24-hour rainfall event are not subject to effluent limitations in
				  paragraph (1) of this section.
(3)
				  Discharges from quarries shall be monitored as follows.
Attached
					 Graphic
(4)
				  Results of analysis for monitoring conducted as specified in §
										311.75(3)
				  of this title (relating to Permit Application Requirements) shall be submitted
				  monthly on approved self-report forms. Monitoring and reporting records,
				  including strip charts and records of calibration and maintenance, shall be
				  retained on site, or shall be readily available for review by a commission
				  representative for a period of three years from the date of the record or
				  sample, measurement, or report.
(5)
				  The permittee shall install a permanent rain gauge at the plant site and keep
				  daily records of rainfall and the resulting flow. Monitoring records shall be
				  retained on site, or shall be readily available for review by a commission
				  representative for a period of three years from the date of the
				  record.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 311 - WATERSHED PROTECTION RULES › Subchapter H - REGULATION OF QUARRIES IN THE JOHN GRAVES SCENIC RIVERWAY › Section 311.79 - Performance Criteria

Current through Reg. 49, No. 28; July 12, 2024
The following performance criteria are applicable to all
					 quarries located within a water quality protection area.
(1) Discharges from quarries shall meet the
				  following effluent limitations.
Attached
					 Graphic
(2)
				  Discharges from quarries resulting from a rainfall event greater than the
				  25-year, 24-hour rainfall event are not subject to effluent limitations in
				  paragraph (1) of this section.
(3)
				  Discharges from quarries shall be monitored as follows.
Attached
					 Graphic
(4)
				  Results of analysis for monitoring conducted as specified in §
										311.75(3) of this
				  title (relating to Permit Application Requirements) shall be submitted monthly
				  on approved self-report forms. Monitoring and reporting records, including
				  strip charts and records of calibration and maintenance, shall be retained on
				  site, or shall be readily available for review by a commission representative
				  for a period of three years from the date of the record or sample, measurement,
				  or report.
(5) The permittee shall
				  install a permanent rain gauge at the plant site and keep daily records of
				  rainfall and the resulting flow. Monitoring records shall be retained on site,
				  or shall be readily available for review by a commission representative for a
				  period of three years from the date of the record.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 311 - WATERSHED PROTECTION RULES › Subchapter H - REGULATION OF QUARRIES IN THE JOHN GRAVES SCENIC RIVERWAY › Section 311.80 - Additional Performance Criteria for Quarries Located Between 200 Feet and 1,500 Feet of a Water Body Located Within a Water Quality Protection Area in the John Graves Scenic Riverway

Current through Reg. 49, No. 28; July 12, 2024
Authorizations to discharge from quarries located between
					 200 feet and 1,500 feet of a water body within a water quality protection area
					 in the John Graves Scenic Riverway require the permittee to satisfy the
					 following performance criteria. An evaluation of these performance criteria
					 must be incorporated into the Technical Demonstration, as required in §
										311.77 of
					 this title (relating to Technical Demonstration).
(1) The down-gradient perimeter of the quarry
				  must include a final control structure to manage the discharge of wastewater
				  and/or storm water. The final control structure must be designed and
				  constructed as follows.
(A) Certification of
				  the final control structure design and construction must be provided by a
				  licensed Texas professional engineer. Design and construction plans and
				  specifications must be maintained on site and made available at the request of
				  the executive director.
(B) The
				  final control structure side slopes must not exceed a gradient of 1:3
				  (33%).
(C) The final control
				  structure must be designed to impound, at minimum, the volume of water
				  resulting from a 25-year, 24-hour rainfall event for the final control
				  structure drainage area.
(D) The
				  final control structures must be properly stabilized (via use of vegetation,
				  riprap, and/or other acceptable technique) to prevent the final control
				  structure from being a source of pollution and/or to prevent structural
				  failure.
(E) The final control
				  structure must be inspected once every 14 calendar days and within 24 hours of
				  any rainfall event totaling 0.5 inches or greater. Where an inspection
				  identifies failure and/or problems with the final control structure,
				  corrections must be made within seven calendar days of the inspection. Records
				  of these inspections and any site stabilizations must be maintained on site for
				  a period of three years and made available to the executive director, upon
				  request.
(F) A minimum 200-foot
				  vegetative buffer must be maintained between the final control structure and
				  any water body.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 311 - WATERSHED PROTECTION RULES › Subchapter H - REGULATION OF QUARRIES IN THE JOHN GRAVES SCENIC RIVERWAY › Section 311.80 - Additional Performance Criteria for Quarries Located Between 200 Feet and 1,500 Feet of a Water Body

Current through Reg. 49, No. 28; July 12, 2024
Authorizations to discharge from quarries located between
					 200 feet and 1,500 feet of a water body within a water quality protection area
					 require the permittee to satisfy the following performance criteria. An
					 evaluation of these performance criteria must be incorporated into the
					 Technical Demonstration, as required in §
										311.77 of this title (relating to
					 Technical Demonstration).
(1) The
				  down-gradient perimeter of the quarry must include a final control structure to
				  manage the discharge of wastewater and/or storm water. The final control
				  structure must be designed and constructed as follows.
(A) Certification of the final control
				  structure design and construction must be provided by a licensed Texas
				  professional engineer. Design and construction plans and specifications must be
				  maintained on site and made available at the request of the executive
				  director.
(B) The final control
				  structure side slopes must not exceed a gradient of 1:3 (33%).
(C) The final control structure must be
				  designed to impound, at minimum, the volume of water resulting from a 25-year,
				  24-hour rainfall event for the final control structure drainage area.
(D) The final control structures must be
				  properly stabilized (via use of vegetation, riprap, and/or other acceptable
				  technique) to prevent the final control structure from being a source of
				  pollution and/or to prevent structural failure.
(E) The final control structure must be
				  inspected once every 14 calendar days and within 24 hours of any rainfall event
				  totaling 0.5 inches or greater. Where an inspection identifies failure and/or
				  problems with the final control structure, corrections must be made within
				  seven calendar days of the inspection. Records of these inspections and any
				  site stabilizations must be maintained on site for a period of three years and
				  made available to the executive director, upon request.
(F) A minimum 200-foot vegetative buffer must
				  be maintained between the final control structure and any water body.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 311 - WATERSHED PROTECTION RULES › Subchapter H - REGULATION OF QUARRIES IN THE JOHN GRAVES SCENIC RIVERWAY › Section 311.81 - Financial Responsibility for Quarries Located Within a Water Quality Protection Area in the John Graves Scenic Riverway

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or operator of a quarry located
				  within a water quality protection area in the John Graves Scenic Riverway shall
				  establish and maintain financial assurance for restoration in accordance with
				  Chapter 37, Subchapter W of this title (relating to Financial Assurance for
				  Quarries). The amount of financial assurance must be no less than the amount
				  determined by the executive director as sufficient to meet the requirements of
				  the Restoration Plan in §
										311.76(a)(8)
				  of this title (relating to Restoration Plan).
(b) An owner or operator of a quarry located
				  between 200 feet and 1,500 feet of a water body within a water quality
				  protection area in the John Graves Scenic Riverway shall establish and maintain
				  financial assurance for reclamation in accordance with Chapter 37, Subchapter W
				  of this title. The amount of financial assurance must be no less than the
				  amount determined by the executive director as sufficient to meet the
				  requirements of the Reclamation Plan in §
										311.78(a)(2)
				  of this title (relating to Reclamation Plan).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 311 - WATERSHED PROTECTION RULES › Subchapter H - REGULATION OF QUARRIES IN THE JOHN GRAVES SCENIC RIVERWAY › Section 311.81 - Financial Responsibility

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or
				  operator of a quarry located within a water quality protection area shall
				  establish and maintain financial assurance for restoration in accordance with
				  Chapter 37, Subchapter W of this title (relating to Financial Assurance for
				  Quarries). The amount of financial assurance must be no less than the amount
				  determined by the executive director as sufficient to meet the requirements of
				  the Restoration Plan in §
										311.76(a)(8) of
				  this title (relating to Restoration Plan).
(b) An owner or operator of a quarry located
				  between 200 feet and 1,500 feet of a water body within a water quality
				  protection area shall establish and maintain financial assurance for
				  reclamation in accordance with Chapter 37, Subchapter W of this title. The
				  amount of financial assurance must be no less than the amount determined by the
				  executive director as sufficient to meet the requirements of the Reclamation
				  Plan in §
										311.78(a)(2) of
				  this title (relating to Reclamation Plan).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 311 - WATERSHED PROTECTION RULES › Subchapter H - REGULATION OF QUARRIES IN THE JOHN GRAVES SCENIC RIVERWAY › Section 311.82 - Existing Quarries

Current through Reg. 49, No. 28; July 12, 2024
(a) Existing
				  quarries required to seek and obtain authorization in accordance §
										311.74(b)(1)
				  of this title (relating to Authorization), must submit a Notice of Intent as
				  required by a commission-issued general permit, in accordance with §
										311.74(b)(1)
				  of this title. Subject to the provisions of this subsection and maintaining
				  compliance, existing quarries subject to the requirements of §
										311.74(b)(1)
				  of this title that have authorization under a Texas Pollutant Discharge
				  Elimination System Permit or Texas Land Application Permit issued under
				  Chapters 205 and 305 of this title (relating to General Permits for Waste
				  Discharges and Consolidated Permits), may continue to operate under the terms
				  of that permit until the commission issues or denies authorization under this
				  subchapter.
(b) Existing quarries
				  required to seek and obtain authorization in accordance with §
										311.74(b)(2)
				  of this title must submit an individual Texas Pollutant Discharge Elimination
				  System or Texas Land Application Permit application not later than 180 days
				  following the effective date of this subchapter. Subject to the provisions of
				  this subsection and maintaining compliance, existing quarries subject to the
				  requirements of §
										311.74(b)(2)
				  of this title that have authorization under a Texas Pollutant Discharge
				  Elimination System Permit or Texas Land Application Permit issued under
				  Chapters 205 and 305 of this title, may continue to operate under the terms of
				  that permit until the commission issues or denies authorization under this
				  subchapter.
(c) Existing quarries
				  required to seek and obtain authorization in accordance with §
										311.74(b)(3)
				  of this title must submit an individual Texas Pollutant Discharge Elimination
				  System or Texas Land Application Permit application not later than 180 days
				  following the effective date of this subchapter. An existing quarry may not
				  operate until the commission issues authorization under this
				  subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 311 - WATERSHED PROTECTION RULES › Subchapter H - REGULATION OF QUARRIES IN THE JOHN GRAVES SCENIC RIVERWAY › Section 311.82 - Existing Quarries

Current through Reg. 49, No. 28; July 12, 2024
(a) Existing
				  quarries required to seek and obtain authorization in accordance with §
										311.74(b)(1) of
				  this title (relating to Authorization), must submit a Notice of Intent as
				  required by a commission-issued general permit. Subject to the provisions of
				  this subsection and maintaining compliance, existing quarries subject to the
				  requirements of §
										311.74(b)(1) of
				  this title that have authorization under a Texas Pollutant Discharge
				  Elimination System Permit or Texas Land Application Permit issued under
				  Chapters 205 or 305 of this title (relating to General Permits for Waste
				  Discharges and Consolidated Permits), may continue to operate under the terms
				  of that permit until the commission issues or denies authorization under this
				  subchapter.
(b) Existing quarries
				  located in the Coke Stevenson Scenic Riverway required to seek and obtain
				  authorization in accordance with §
										311.74(b)(2) of
				  this title must submit an individual Texas Pollutant Discharge Elimination
				  System or Texas Land Application Permit application not later than 180 days
				  following the effective date of this subchapter. Subject to the provisions of
				  this subsection and maintaining compliance, existing quarries subject to the
				  requirements of §
										311.74(b)(2) of
				  this title that have authorization under a Texas Pollutant Discharge
				  Elimination System Permit or Texas Land Application Permit issued under
				  Chapters 205 or 305 of this title, may continue to operate under the terms of
				  that permit until the commission issues or denies authorization under this
				  subchapter.
(c) Existing quarries
				  located in the Coke Stevenson Scenic Riverway required to seek and obtain
				  authorization in accordance with §
										311.74(b)(3) of
				  this title must submit an individual Texas Pollutant Discharge Elimination
				  System or Texas Land Application Permit application not later than 180 days
				  following the effective date of this subchapter. An existing quarry may not
				  operate until the commission issues authorization under this
				  subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 311 - WATERSHED PROTECTION RULES › Subchapter I - DISCHARGE OF PESTICIDES › Section 311.91 - Discharge of Pesticides

Current through Reg. 49, No. 28; July 12, 2024
Discharges associated with pesticide applications
					 authorized by the commission or exempted from permit requirements by federal or
					 state statute are exempt from the discharge prohibition in Subchapters A, B,
					 and F of this chapter (relating to Watershed Protection).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 311 - WATERSHED PROTECTION RULES › Subchapter J - BEST MANAGEMENT PRACTICES FOR SAND MINING FACILITY OPERATIONS WITHIN THE SAN JACINTO RIVER BASIN › Section 311.101 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings.
(1) Aggregate Production Operation (APO)--As
				  defined in Chapter 342 of this title (relating to Regulation of Certain
				  Aggregate Production Operations).
(2) Best management practices
				  (BMPs)--Schedules of activities, prohibitions of practices, maintenance
				  procedures, and other techniques to control, prevent or reduce the discharge of
				  pollutants into surface water in the state. The BMPs also include treatment
				  requirements, operating procedures, and practices to control plant site runoff,
				  spills or leaks, sludge or waste disposal, or drainage from raw material
				  storage areas.
(3) Infeasible--Not
				  technologically possible or not economically practicable and achievable in
				  light of best industry practices.
(4) Minimize--To reduce or eliminate to the
				  extent achievable using control measures that are technologically available and
				  economically practicable and achievable in light of best industry
				  practices.
(5) Operator--A person
				  responsible for the management of an aggregate production operation (APO)
				  facility subject to the provisions of this subchapter. The APO facility
				  operators include entities with operational control over APO regulated
				  activities, including the ability to modify those activities; or entities with
				  day-to-day operational control of activities at a facility necessary to ensure
				  compliance with this subchapter (e.g., the entity is authorized to direct
				  workers at a facility to carry out activities required by this
				  subchapter).
(6) Sand Mining
				  Facilities--The aggregate production operations (APOs) engaged in activities
				  described by Standard Industrial Classification codes 1442 and 1446, concerning
				  industrial and construction sand. Additionally, this applies to any other APO
				  that the executive director has determined to be a sand mining facility by
				  sending written notice to the APO operator.
(7) San Jacinto River Watershed--Those
				  portions of the San Jacinto River Watershed that includes the watersheds of the
				  following and its tributaries:
Attached Graphic
(A) the East Fork of the San Jacinto River in
				  Montgomery, Harris and Liberty Counties;
(B) Peach Creek in Montgomery
				  County;
(C) Caney Creek in
				  Montgomery and Harris Counties;
(D)
				  the West Fork of the San Jacinto River from the Lake Conroe Dam in Montgomery
				  and Harris Counties to the Lake Houston Dam in Harris County;
(E) Lake Creek in Montgomery and Grimes
				  Counties;
(F) Spring Creek in
				  Montgomery and Harris Counties; and
(G) Cypress Creek in Harris and Waller
				  Counties.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 311 - WATERSHED PROTECTION RULES › Subchapter J - BEST MANAGEMENT PRACTICES FOR SAND MINING FACILITY OPERATIONS WITHIN THE SAN JACINTO RIVER BASIN › Section 311.102 - Scope and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  purpose of this chapter is to regulate, through Best Management Practices
				  (BMPs), sand mining facilities, which have the potential to adversely impact
				  water quality within the San Jacinto River Watershed as defined in this
				  subchapter.
(b) This subchapter
				  applies to sand mining facilities located in the San Jacinto River
				  Watershed.
(c) The executive
				  director shall develop and maintain a guidance document of BMPs to minimize
				  water pollution from sand mining facilities regulated by this subchapter. The
				  BMPs shall be based on technically supported information that is generally
				  relied upon by professionals within the appropriate environmental area or
				  discipline. The BMPs guidance document shall be updated on a frequency
				  determined by the executive director to allow for technological advancements
				  and improved practices.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 311 - WATERSHED PROTECTION RULES › Subchapter J - BEST MANAGEMENT PRACTICES FOR SAND MINING FACILITY OPERATIONS WITHIN THE SAN JACINTO RIVER BASIN › Section 311.103 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Vegetative
				  Controls. The operator shall develop and implement all vegetative Best
				  Management Practices (BMPs) identified in the guidance document developed by
				  the executive director for the appropriate phases of the sand mining facility's
				  operation.
(b) Structural Controls.
				  The operator shall develop and implement all structural BMPs identified in the
				  guidance document developed by the executive director for the appropriate
				  phases of the sand mining facility's operation.
(c) Pre-mining, Mining, and Post-mining. The
				  operator shall identify, develop and implement all other BMPs identified in the
				  guidance document developed by the executive director for pre-mining, mining,
				  and post-mining phases of the sand mining facility's operation.
(d) Infeasibility. Certain BMPs for sections
				  (a), (b), and (c) above may be infeasible for some sand mining facility
				  operations based on site-specific factors. An infeasibility determination is
				  required when BMPs may be infeasible, as defined in §311.101(3). Detailed,
				  supporting documentation shall be maintained onsite demonstrating why the BMP
				  is infeasible, that the alternative BMP is more appropriate for the site, and
				  that the alternative BMP provides equivalent or improved water quality
				  protection. The operator shall implement the documented alternative, equivalent
				  BMP at the site. The following criteria shall be used when documenting and
				  determining the infeasibility of a BMP and that an alternative, equivalent BMP
				  is more appropriate for the site:
(1) human
				  health and safety concerns;
(2)
				  local restrictions or codes;
(3)
				  cost effectiveness;
(4) site
				  soils;
(5) slope;
(6) available area;
(7) precipitation patterns;
(8) site vegetation;
(9) infiltration capacity;
(10) depth and distance to water in the
				  state; and
(11) other similar
				  technological considerations.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 312 - SLUDGE USE, DISPOSAL, AND TRANSPORTATION › Subchapter A - GENERAL PROVISIONS › Section 312.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This chapter establishes standards, which consist of
					 general requirements, pollutant limits, management practices, and operational
					 standards, for the final use or disposal of sewage sludge or biosolids
					 generated during the treatment of domestic sewage in a treatment works, and for
					 the final use or disposal of domestic septage. Standards are included in this
					 chapter for sewage sludge, biosolids, water treatment residuals, and domestic
					 septage land applied for beneficial use or placed on a surface disposal site.
					 Standards are also included in this chapter for sewage sludge or biosolids
					 fired in an incinerator. Also included in this chapter are pathogen and vector
					 attraction reduction requirements for sewage sludge, biosolids, and domestic
					 septage land applied or placed on a surface disposal site. In addition, the
					 standards in this chapter include the frequency of monitoring and recordkeeping
					 requirements when sewage sludge, biosolids, domestic septage, or water
					 treatment residuals are land applied or placed on a surface disposal site. Also
					 included are the frequency of monitoring and recordkeeping requirements when
					 sewage sludge or biosolids are fired in an incinerator. Also included are
					 requirements relating to the transportation of sewage sludge, biosolids, water
					 treatment residuals, domestic septage, chemical toilet waste, grit trap waste,
					 and grease trap waste.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 312 - SLUDGE USE, DISPOSAL, AND TRANSPORTATION › Subchapter A - GENERAL PROVISIONS › Section 312.2 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter
				  applies to any person who prepares sewage sludge, biosolids, or domestic
				  septage.
(b) This chapter applies
				  to any person who fires sewage sludge or biosolids in an incinerator.
(c) This chapter applies to any person who
				  land applies sewage sludge, biosolids, water treatment residuals, or domestic
				  septage and to the owner/operator of a surface disposal site.
(d) This chapter applies to sewage sludge,
				  biosolids, water treatment residuals, or domestic septage that is land applied
				  or placed on a surface disposal site.
(e) This chapter applies to sewage sludge or
				  biosolids fired in an incinerator.
(f) This chapter applies to land where sewage
				  sludge, biosolids, water treatment residuals, or domestic septage is applied to
				  a surface disposal site and to an incinerator.
(g) This chapter applies to any person who
				  transports sewage sludge, biosolids, water treatment residuals domestic
				  septage, chemical toilet waste, grit trap waste, or grease trap waste. This
				  chapter does not apply to oily water mixtures in waste management units such as
				  tanks, fractionation tanks, and sumps that meet the design requirements of the
				  American Petroleum Institute for oil/water separators or have been designed for
				  oil-water separation. Recycling of oil-water mixtures from the waste management
				  units designed for oil-water separation must comply with the requirements found
				  in Chapter 324 of this title (relating to Used Oil Standards). Waste in waste
				  management units that do not meet the design criteria in this subsection and
				  that are plumbed directly to a sanitary sewer are covered by this
				  chapter.
(h) This chapter applies
				  to the exit gas from an incinerator stack.
(i) This chapter applies to any person who
				  applies water treatment residuals for disposal in a landfill, surface
				  impoundment, or waste pile, as defined in 40 Code of Federal Regulations (CFR)
				  §257.2.
(j) This chapter
				  applies to any person who applies water treatment residuals for disposal in a
				  land application unit, as defined in §
										312.121
				  of this title (relating to Purpose, Scope, and Standards).
(k) This chapter applies to water treatment
				  residuals which are disposed of in a landfill, surface impoundment, or waste
				  pile, as defined in
				  40
				  CFR §
											257.2.
(l) This chapter applies to water treatment
				  residuals which are disposed of in a land application unit, as defined in
				  §
										312.121
				  of this title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 312 - SLUDGE USE, DISPOSAL, AND TRANSPORTATION › Subchapter A - GENERAL PROVISIONS › Section 312.4 - Required Authorizations or Notifications

Current through Reg. 49, No. 28; July 12, 2024
(a) Permits. Except where in conflict with
				  other chapters in this title, a permit shall be required before any storage,
				  processing, incineration, disposal of sewage sludge, biosolids, or water
				  treatment residuals in a monofill, except for storage allowed under this
				  section, §
										312.50
				  of this title (relating to the Storage and Staging of Biosolids and Domestic
				  Septage), §
										312.61(c)
				  of this title (relating to Applicability), §
										312.147 of this
				  title (relating to Temporary Storage), and §
										312.148
				  of this title (relating to Secondary Transportation of Waste). Any permit
				  authorizing disposal of sewage sludge, biosolids, or water treatment residuals
				  in a monofill shall be in accordance with any applicable standards of
				  Subchapter C of this chapter (relating to Surface Disposal) or §
										312.101
				  of this title (relating to Incineration). No permit will be required under this
				  chapter if issued in accordance with other requirements of the commission, as
				  specified in §
										312.5
				  of this title (relating to Relationship to Other Requirements).
(1) The effective date of a permit is the
				  date that the executive director signs the permit.
(2) Site permit information on file with the
				  commission must be confirmed or updated, in writing, whenever the mailing
				  address and/or telephone number of the owner or operator is changed, or
				  whenever requested by the commission.
(3) If a permit is required under this
				  chapter, all activities at the site under this chapter, except transportation,
				  shall be incorporated in the permit.
(4) The commission may not issue a Class B
				  biosolids permit for a land application unit that is located both in a county
				  that borders the Gulf of Mexico and within 500 feet of any water well or
				  surface water.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 312 - SLUDGE USE, DISPOSAL, AND TRANSPORTATION › Subchapter A - GENERAL PROVISIONS › Section 312.5 - Relationship to Other Requirements

Current through Reg. 49, No. 28; July 12, 2024
Disposal of sewage sludge, biosolids, or water treatment
					 residuals in a municipal solid waste landfill unit, as defined in 40 Code of
					 Federal Regulations (CFR) §258.2, that complies with the requirements in
					 40 CFR Part 257 and Part 258 constitutes compliance with federal Clean Water
					 Act (CWA), §405(d) . Any person who prepares sewage sludge, biosolids, or
					 water treatment residuals that are disposed of in a municipal solid waste
					 landfill unit shall ensure that the sewage sludge, biosolids, or water
					 treatment residuals meets the requirements in 40 CFR Part 258 concerning the
					 quality of materials disposed of in a municipal solid waste landfill unit.
					 Storage, processing, or disposal of sewage sludge or biosolids authorized by a
					 permit issued pursuant to Texas Water Code, §
										26.027, will not require a
					 separate permit authorization pursuant to this chapter, for the same
					 activities. Sewage sludge, biosolids, or water treatment residuals that are
					 disposed of in a municipal solid waste landfill unit, as defined in
					 40
					 CFR §
											258.2, are not subject to the fee
					 schedules of this chapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 312 - SLUDGE USE, DISPOSAL, AND TRANSPORTATION › Subchapter A - GENERAL PROVISIONS › Section 312.6 - Additional or More Stringent Requirements

Current through Reg. 49, No. 28; July 12, 2024
On a case-by-case basis, the commission or executive
					 director may impose requirements for the use or disposal of sewage sludge,
					 biosolids, domestic septage or water treatment residuals in addition to or more
					 stringent than the requirements in this chapter when necessary to protect human
					 health or the environment from any adverse effect from sewage sludge,
					 biosolids, domestic septage or water treatment residuals.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 312 - SLUDGE USE, DISPOSAL, AND TRANSPORTATION › Subchapter A - GENERAL PROVISIONS › Section 312.7 - Sampling and Analysis

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Representative samples of sewage sludge, biosolids, domestic septage, or water
				  treatment residuals that are land applied or placed on a surface disposal site
				  shall be collected and analyzed.
(b) Representative samples of sewage sludge
				  or biosolids fired in an incinerator shall be collected and analyzed.
(c) The following methods, other methods as
				  approved by the executive director, or the latest revision shall be used to
				  analyze samples of sewage sludge, biosolids, water treatment residuals, or
				  domestic septage.
(1) Enteric viruses, ASTM
				  Method D 4994-89, "Standard Practice for Recovery of Viruses From Wastewater
				  Sludge," Annual Book of ASTM Standards: Section 11, Water and Environmental
				  Technology, 1992.
(2) Fecal
				  coliform, Part 9221 E or Part 9222 D, "Standard Methods for the Examination of
				  Water and Wastewater," 18th edition, American Public Health Association,
				  Washington, D.C., 1992.
(3)
				  Helminth ova, Yanko, W.A., "Occurrence of Pathogens in Distribution and
				  Marketing Municipal Sludges," EPA 600/1-87-014, 1987. NTIS PB 88-154273/AS,
				  National Technical Information Service, Springfield, Virginia.
(4) Inorganic pollutants, Method SW-846 in
				  "Test Methods for Evaluating Solid Waste," United States Environmental
				  Protection Agency, November 1986.
(5) Salmonella sp. bacteria, Part 9260 D.1,
				  "Standard Methods for the Examination of Water and Wastewater," 18th edition,
				  American Public Health Association, Washington, D.C., 1992.
(6) Specific oxygen uptake rate, Part 2710 B.
				  "Standard Methods for the Examination of Water and Wastewater," 18th edition,
				  American Public Health Association, Washington, D.C., 1992.
(7) Total solids, fixed solids, and volatile
				  solids, Part 2540 G, "Standard Methods for the Examination of Water and
				  Wastewater," 18th edition, American Public Health Association, Washington,
				  D.C., 1992.
(8) Percent volatile
				  solids reduction shall be calculated using a procedure in "Environmental
				  Regulations and Technology--Control of Pathogens and Vectors in Sewage Sludge,"
				  EPA-625/R-92/013, U.S. Environmental Protection Agency, Cincinnati, Ohio,
				  1992.
(9) Polychlorinated Biphenyls
				  (PCBs), SW-846, Test Method 8082A, United States Environmental Protection
				  Agency, current edition.