Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter F - PERMIT CHARACTERISTICS AND CONDITIONS › Section 305.126 - Additional Standard Permit Conditions for Waste Discharge Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) Whenever flow
				  measurements for any sewage treatment plant facility in the state reaches 75%
				  of the permitted average daily or annual average flow for three consecutive
				  months, the permittee must initiate engineering and financial planning for
				  expansion and/or upgrading of the wastewater treatment and/or collection
				  facilities. Whenever the average daily or annual average flow reaches 90% of
				  the permitted average daily flow for three consecutive months, the permittee
				  shall obtain necessary authorization from the commission to commence
				  construction of the necessary additional treatment and/or collection
				  facilities. In the case of a wastewater treatment facility which reaches 75% of
				  the permitted average flow for three consecutive months, and the planned
				  population to be served or the quantity of waste produced is not expected to
				  exceed the design limitations of the treatment facility, the permittee will
				  submit an engineering report supporting this claim to the executive director.
				  If in the judgment of the executive director the population to be served will
				  not cause permit noncompliance, then the requirements of this section may be
				  waived. To be effective, any waiver must be in writing and signed by the
				  director of the enforcement division of the commission, and such waiver of
				  these requirements will be reviewed upon expiration of the existing permit;
				  however, any such waiver shall not be interpreted as condoning or excusing any
				  violation of any permit parameter.
(b) The permittee shall give notice to the
				  executive director as soon as possible of any planned physical alterations or
				  additions to the permitted facility. In addition to the requirements of §
										305.125(7)
				  of this title (relating to Standard Permit Conditions), notice shall also be
				  required under this subsection when:
(1) the
				  alteration or addition to a permitted facility may meet one of the criteria for
				  determining whether a facility is a new source in §
											305.534
				  of this title (relating to New Sources and New Dischargers); or
(2) the alteration or addition could
				  significantly change the nature or increase the quantity of pollutants
				  discharged. This notification applies to pollutants which are subject neither
				  to effluent limitations in the permit, nor to notification requirements under
				  40 Code of Federal Regulations (CFR) §122.42(a)(1) as adopted by §
											305.531
				  of this title (relating to Establishing and Calculating Additional Conditions
				  and Limitations for TPDES Permits);
(3) the alteration or addition results in a
				  significant change in the permittee's sludge use or disposal practices, and
				  such alteration, addition, or change may justify the application of permit
				  conditions that are different from or absent in the existing permit, including
				  notification of additional use or disposal sites not reported during the permit
				  application process or not reported pursuant to an approved land application
				  plan.