WATER CODE
SUBTITLE D. WATER QUALITY CONTROL
CHAPTER 26. WATER QUALITY CONTROL
SUBCHAPTER A. ADMINISTRATIVE PROVISIONS
§ 26.001. DEFINITIONS.
Text of section effective until delegation of NPDES permit
authority
As used in this chapter:
(1) "Board" means the Texas Water Development Board.
(2) "Commission" means the Texas Natural Resource
Conservation Commission.
(3) "Executive administrator" means the executive
administrator of the Texas Water Development Board.
(4) "Executive director" means the executive director
of the Texas Natural Resource Conservation Commission.
(5) "Water" or "water in the state" means groundwater,
percolating or otherwise, lakes, bays, ponds, impounding
reservoirs, springs, rivers, streams, creeks, estuaries, marshes,
inlets, canals, the Gulf of Mexico inside the territorial limits of
the state, and all other bodies of surface water, natural or
artificial, inland or coastal, fresh or salt, navigable or
nonnavigable, and including the beds and banks of all watercourses
and bodies of surface water, that are wholly or partially inside or
bordering the state or inside the jurisdiction of the state.
(6) "Waste" means sewage, industrial waste, municipal
waste, recreational waste, agricultural waste, or other waste, as
defined in this section.
(7) "Sewage" means waterborne human waste and waste
from domestic activities, such as washing, bathing, and food
preparation.
(8) "Municipal waste" means waterborne liquid,
gaseous, or solid substances that result from any discharge from a
publicly owned sewer system, treatment facility, or disposal
system.
(9) "Recreational waste" means waterborne liquid,
gaseous, or solid substances that emanate from any public or
private park, beach, or recreational area.
(10) "Agricultural waste" means waterborne liquid,
gaseous, or solid substances that arise from the agricultural
industry and agricultural activities, including without limitation
agricultural animal feeding pens and lots, structures for housing
and feeding agricultural animals, and processing facilities for
agricultural products. The term:
(A) includes:
(i) tail water or runoff water from
irrigation associated with an animal feeding operation or
concentrated animal feeding operation that is located in a major
sole source impairment zone, as defined by Section 26.502; or
(ii) rainwater runoff from the confinement
area of an animal feeding operation or concentrated animal feeding
operation that is located in a major sole source impairment zone, as
defined by Section 26.502; and
(B) does not include tail water or runoff water
from irrigation or rainwater runoff from other cultivated or
uncultivated range land, pasture land, and farmland or rainwater
runoff from an area of land located in a major sole source
impairment zone, as defined by Section 26.502, that is not owned or
controlled by an operator of an animal feeding operation or
concentrated animal feeding operation on which agricultural waste
is applied.
(11) "Industrial waste" means waterborne liquid,
gaseous, or solid substances that result from any process of
industry, manufacturing, trade, or business.
(12) "Other waste" means garbage, refuse, decayed
wood, sawdust, shavings, bark, sand, lime, cinders, ashes, offal,
oil, tar, dyestuffs, acids, chemicals, salt water, or any other
substance, other than sewage, industrial waste, municipal waste,
recreational waste, or agricultural waste, that may cause
impairment of the quality of water in the state. "Other waste" also
includes tail water or runoff water from irrigation or rainwater
runoff from cultivated or uncultivated range land, pasture land,
and farmland that may cause impairment of the quality of the water
in the state.
(13) "Pollutant" means dredged spoil, solid waste,
incinerator residue, sewage, garbage, sewage sludge, filter
backwash, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt, and industrial, municipal, and agricultural
waste discharged into any water in the state. The term:
(A) includes:
(i) tail water or runoff water from
irrigation associated with an animal feeding operation or
concentrated animal feeding operation that is located in a major
sole source impairment zone as defined by Section 26.502; or
(ii) rainwater runoff from the confinement
area of an animal feeding operation or concentrated animal feeding
operation that is located in a major sole source impairment zone, as
defined by Section 26.502; and
(B) does not include tail water or runoff water
from irrigation or rainwater runoff from other cultivated or
uncultivated rangeland, pastureland, and farmland or rainwater
runoff from an area of land located in a major sole source
impairment zone, as defined by Section 26.502, that is not owned or
controlled by an operator of an animal feeding operation or
concentrated animal feeding operation on which agricultural waste
is applied.
(14) "Sewer system" means pipelines, conduits, storm
sewers, canals, pumping stations, force mains, and all other
constructions, devices, and appurtenant appliances used to
transport waste.
(15) "Treatment facility" means any plant, disposal
field, lagoon, incinerator, area devoted to sanitary landfills, or
other facility installed for the purpose of treating, neutralizing,
or stabilizing waste.
(16) "Disposal system" means any system for disposing
of waste, including sewer systems and treatment facilities.
(17) "Local government" means an incorporated city, a
county, a river authority, or a water district or authority acting
under Article III, Section 52 or Article XVI, Section 59 of the
Texas Constitution.
(18) "Permit" means an order issued by the commission
in accordance with the procedures prescribed in this chapter
establishing the treatment which shall be given to wastes being
discharged into or adjacent to any water in the state to preserve
and enhance the quality of the water and specifying the conditions
under which the discharge may be made.
(19) "To discharge" includes to deposit, conduct,
drain, emit, throw, run, allow to seep, or otherwise release or
dispose of, or to allow, permit, or suffer any of these acts or
omissions.
(20) "Affected county" is a county to which Subchapter
B, Chapter 232, Local Government Code, applies.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.063, eff.
Sept. 1, 1985; Acts 1995, 74th Leg., ch. 76, § 11.292, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 979, § 23, eff. June 16,
1995; Acts 1999, 76th Leg., ch. 404, § 42, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 965, § 12.01, eff. Sept. 1, 2001.
For text of section effective upon delegation of NPDES permit
authority, see § 26.001, post
§ 26.001. DEFINITIONS.
Text of section effective upon delegation of NPDES permit authority
As used in this chapter:
(1) "Board" means the Texas Water Development Board.
(2) "Commission" means the Texas Natural Resource
Conservation Commission.
(3) "Executive administrator" means the executive
administrator of the Texas Water Development Board.
(4) "Executive director" means the executive director
of the Texas Natural Resource Conservation Commission.
(5) "Water" or "water in the state" means groundwater,
percolating or otherwise, lakes, bays, ponds, impounding
reservoirs, springs, rivers, streams, creeks, estuaries, wetlands,
marshes, inlets, canals, the Gulf of Mexico, inside the territorial
limits of the state, and all other bodies of surface water, natural
or artificial, inland or coastal, fresh or salt, navigable or
nonnavigable, and including the beds and banks of all watercourses
and bodies of surface water, that are wholly or partially inside or
bordering the state or inside the jurisdiction of the state.
(6) "Waste" means sewage, industrial waste, municipal
waste, recreational waste, agricultural waste, or other waste, as
defined in this section.
(7) "Sewage" means waterborne human waste and waste
from domestic activities, such as washing, bathing, and food
preparation.
(8) "Municipal waste" means waterborne liquid,
gaseous, or solid substances that result from any discharge from a
publicly owned sewer system, treatment facility, or disposal
system.
(9) "Recreational waste" means waterborne liquid,
gaseous, or solid substances that emanate from any public or
private park, beach, or recreational area.
(10) "Agricultural waste" means waterborne liquid,
gaseous, or solid substances that arise from the agricultural
industry and agricultural activities, including without limitation
agricultural animal feeding pens and lots, structures for housing
and feeding agricultural animals, and processing facilities for
agricultural products. The term:
(A) includes:
(i) tail water or runoff water from
irrigation associated with an animal feeding operation or
concentrated animal feeding operation that is located in a major
sole source impairment zone, as defined by Section 26.502; or
(ii) rainwater runoff from the confinement
area of an animal feeding operation or concentrated animal feeding
operation that is located in a major sole source impairment zone, as
defined by Section 26.502; and
(B) does not include tail water or runoff water
from irrigation or rainwater runoff from other cultivated or
uncultivated range land, pasture land, and farmland or rainwater
runoff from an area of land located in a major sole source
impairment zone, as defined by Section 26.502, that is not owned or
controlled by an operator of an animal feeding operation or
concentrated animal feeding operation on which agricultural waste
is applied.
(11) "Industrial waste" means waterborne liquid,
gaseous, or solid substances that result from any process of
industry, manufacturing, trade, or business.
(12) "Other waste" means garbage, refuse, decayed
wood, sawdust, shavings, bark, sand, lime, cinders, ashes, offal,
oil, tar, dyestuffs, acids, chemicals, salt water, or any other
substance, other than sewage, industrial waste, municipal waste,
recreational waste, or agricultural waste.
(13) "Pollutant" means dredged spoil, solid waste,
incinerator residue, sewage, garbage, sewage sludge, filter
backwash, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt, and industrial, municipal, and agricultural
waste discharged into any water in the state. The term:
(A) includes:
(i) tail water or runoff water from
irrigation associated with an animal feeding operation or
concentrated animal feeding operation that is located in a major
sole source impairment zone as defined by Section 26.502; or
(ii) rainwater runoff from the confinement
area of an animal feeding operation or concentrated animal feeding
operation that is located in a major sole source impairment zone, as
defined by Section 26.502; and
(B) does not include tail water or runoff water
from irrigation or rainwater runoff from other cultivated or
uncultivated rangeland, pastureland, and farmland or rainwater
runoff from an area of land located in a major sole source
impairment zone, as defined by Section 26.502, that is not owned or
controlled by an operator of an animal feeding operation or
concentrated animal feeding operation on which agricultural waste
is applied.
(14) "Pollution" means the alteration of the physical,
thermal, chemical, or biological quality of, or the contamination
of, any water in the state that renders the water harmful,
detrimental, or injurious to humans, animal life, vegetation, or
property or to public health, safety, or welfare, or impairs the
usefulness or the public enjoyment of the water for any lawful or
reasonable purpose.
(15) "Sewer system" means pipelines, conduits, storm
sewers, canals, pumping stations, force mains, and all other
constructions, devices, and appurtenant appliances used to
transport waste.
(16) "Treatment facility" means any plant, disposal
field, lagoon, incinerator, area devoted to sanitary landfills, or
other facility installed for the purpose of treating, neutralizing,
or stabilizing waste.
(17) "Disposal system" means any system for disposing
of waste, including sewer systems and treatment facilities.
(18) "Local government" means an incorporated city, a
county, a river authority, or a water district or authority acting
under Article III, Section 52, or Article XVI, Section 59 of the
Texas Constitution.
(19) "Permit" means an order issued by the commission
in accordance with the procedures prescribed in this chapter
establishing the treatment which shall be given to wastes being
discharged into or adjacent to any water in the state to preserve
and enhance the quality of the water and specifying the conditions
under which the discharge may be made.
(20) "To discharge" includes to deposit, conduct,
drain, emit, throw, run, allow to seep, or otherwise release or
dispose of, or to allow, permit, or suffer any of these acts or
omissions.
(21) "Point source" means any discernible, confined
and discrete conveyance, including but not limited to any pipe,
ditch, channel, tunnel, conduit, well, discrete fissure,
container, rolling stock, concentrated animal feeding operation,
or vessel or other floating craft, from which pollutants or wastes
are or may be discharged into or adjacent to any water in the state.
(22) "Identified state supplement to an NPDES permit"
means any part of a permit on which the commission has entered a
written designation to indicate that the commission has adopted
that part solely in order to carry out the commission's duties under
state statutes and not in pursuance of administration undertaken to
carry out a permit program under approval by the Administrator of
the United States Environmental Protection Agency.
(23) "NPDES" means the National Pollutant Discharge
Elimination System under which the Administrator of the United
States Environmental Protection Agency can delegate permitting
authority to the State of Texas in accordance with Section 402(b) of
the Federal Water Pollution Control Act.
(24) "Treatment works" means any devices and systems
used in the storage, treatment, recycling, and reclamation of waste
to implement this chapter or necessary to recycle or reuse water at
the most economical cost over the estimated life of the works,
including:
(A) intercepting sewers, outfall sewers,
pumping, power, and other equipment and their appurtenances;
(B) extensions, improvements, remodeling,
additions, and alterations of the items in Paragraph (A) of this
subdivision;
(C) elements essential to provide a reliable
recycled supply such as standby treatment units and clear-well
facilities;
(D) any works, including sites and acquisition of
the land that will be a part of or used in connection with the
treatment process or is used for ultimate disposal of residues
resulting from such treatment;
(E) any plant, disposal field, lagoon, canal,
incinerator, area devoted to sanitary landfills, or other
facilities installed for the purpose of treating, neutralizing, or
stabilizing waste; and
(F) facilities to provide for the collection,
control, and disposal of waste heat.
(25) "Person" means an individual, association,
partnership, corporation, municipality, state or federal agency,
or an agent or employee thereof.
(26) "Affected county" is a county to which Subchapter
B, Chapter 232, Local Government Code, applies.
Amended by Acts 1977, 65th Leg., p. 1640, ch. 644, § 1.
Renumbered from § 21.003 and amended by Acts 1977, 65th Leg., p.
2207, ch. 870, § 1, eff. Sept. 1, 1977. Amended by Acts 1981,
67th Leg., p. 985, ch. 367, § 43, eff. June 10, 1981; Acts 1985,
69th Leg., ch. 795, § 1.064, eff. Sept. 1, 1985; Acts 1987, 70th
Leg., ch. 977, § 19, eff. June 19, 1987; Acts 1989, 71st Leg.,
ch. 642, § 1, eff. Aug. 28, 1989; Acts 1991, 72nd Leg., 1st C.S.,
ch. 3, § 1.068, eff. Aug. 12, 1991; Acts 1995, 74th Leg., ch.
979, § 24, eff. June 16, 1995; Acts 1999, 76th Leg., ch. 404,
§ 43, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 965, §
12.01, eff. Sept. 1, 2001.
For text of section effective until delegation of NPDES permit
authority, see § 26.001, ante
§ 26.002. OWNERSHIP OF UNDERGROUND WATER. Nothing in
this chapter affects ownership rights in underground water.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 26.003. POLICY OF THIS SUBCHAPTER. It is the policy
of this state and the purpose of this subchapter to maintain the
quality of water in the state consistent with the public health and
enjoyment, the propagation and protection of terrestrial and
aquatic life, and the operation of existing industries, taking into
consideration the economic development of the state; to encourage
and promote the development and use of regional and areawide waste
collection, treatment, and disposal systems to serve the waste
disposal needs of the citizens of the state; and to require the use
of all reasonable methods to implement this policy.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 2001, 77th Leg., ch. 965, § 1.26, eff. Sept.
1, 2001.
SUBCHAPTER B. GENERAL POWERS AND DUTIES
§ 26.011. IN GENERAL. Except as otherwise specifically
provided, the commission shall administer the provisions of this
chapter and shall establish the level of quality to be maintained
in, and shall control the quality of, the water in this state as
provided by this chapter. Waste discharges or impending waste
discharges covered by the provisions of this chapter are subject to
reasonable rules or orders adopted or issued by the commission in
the public interest. The commission has the powers and duties
specifically prescribed by this chapter and all other powers
necessary or convenient to carry out its responsibilities. This
chapter does not apply to discharges of oil covered under Chapter
40, Natural Resources Code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.065, eff.
Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 10, § 4, eff. March 28,
1991.
§ 26.012. STATE WATER QUALITY PLAN. The executive
director shall prepare and develop a general, comprehensive plan
for the control of water quality in the state which shall be used as
a flexible guide by the commission when approved by the commission.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.065, eff.
Sept. 1, 1985.
§ 26.013. RESEARCH, INVESTIGATIONS. The executive
director shall conduct or have conducted any research and
investigations it considers advisable and necessary for the
discharge of the duties under this chapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 26.0135. WATERSHED MONITORING AND ASSESSMENT OF WATER
QUALITY. (a) To ensure clean water, the commission shall
establish the strategic and comprehensive monitoring of water
quality and the periodic assessment of water quality in each
watershed and river basin of the state. In order to conserve public
funds and avoid duplication of effort, subject to adequate funding
under Section 26.0291, river authorities shall, to the greatest
extent possible and under the supervision of the commission,
conduct water quality monitoring and assessments in their own
watersheds. Watershed monitoring and assessments involving
agricultural or silvicultural nonpoint source pollution shall be
coordinated through the State Soil and Water Conservation Board
with local soil and water conservation districts. The water
quality monitoring and reporting duties under this section apply
only to a river authority that has entered into an agreement with
the commission to perform those duties. The commission, either
directly or through cooperative agreements and contracts with local
governments, shall conduct monitoring and assessments of
watersheds where a river authority is unable to perform an adequate
assessment of its own watershed. The monitoring program shall
provide data to identify significant long-term water quality
trends, characterize water quality conditions, support the
permitting process, and classify unclassified waters. The
commission shall consider available monitoring data and assessment
results in developing or reviewing wastewater permits and stream
standards and in conducting other water quality management
activities. The assessment must include a review of wastewater
discharges, nonpoint source pollution, nutrient loading, toxic
materials, biological health of aquatic life, public education and
involvement in water quality issues, local and regional pollution
prevention efforts, and other factors that affect water quality
within the watershed. The monitoring and assessment required by
this section is a continuing duty, and the monitoring and
assessment shall be periodically revised to show changes in the
factors subject to assessment.
(b) In order to assist in the coordination and development
of assessments and reports required by this section, a river
authority shall organize and lead a basin-wide steering committee
that includes persons paying fees under Section 26.0291, private
citizens, the State Soil and Water Conservation Board,
representatives from other appropriate state agencies, political
subdivisions, and other persons with an interest in water quality
matters of the watershed or river basin. Based on committee and
public input, each steering committee shall develop water quality
objectives and priorities that are achievable considering the
available technology and economic impact. The objectives and
priorities shall be used to develop work plans and allocate
available resources under Section 26.0291. Each committee member
shall help identify significant water quality issues within the
basin and shall make available to the river authority all relevant
water quality data held by the represented entities. A river
authority shall also develop a public input process that provides
for meaningful comments and review by private citizens and
organizations on each basin summary report. A steering committee
established by the commission to comply with this subsection in the
absence of a river authority or other qualified local government is
not subject to Chapter 2110, Government Code.
(c) The purpose of the monitoring and assessment required by
this section is to identify significant issues affecting water
quality within each watershed and river basin of the state. Each
river authority shall submit quality assured data collected in the
river basin to the commission. The commission shall use the data to
develop the statewide water quality inventory and other assessment
reports that satisfy federal reporting requirements. The data and
reports shall also be used to provide sufficient information for
the commission, the State Soil and Water Conservation Board, river
authorities, and other governmental bodies to take appropriate
action necessary to maintain and improve the quality of the state's
water resources. The commission shall adopt rules that at a minimum
require each river authority to:
(1) develop and maintain a basin-wide water quality
monitoring program that minimizes duplicative monitoring,
facilitates the assessment process, and targets monitoring to
support the permitting and standards process;
(2) establish a watershed and river basin water
quality database composed of quality assured data from river
authorities, wastewater discharge permit holders, state and
federal agencies, and other relevant sources and make the data
available to any interested person;
(3) identify water quality problems and known
pollution sources and set priorities for taking appropriate action
regarding those problems and sources;
(4) develop a process for public participation that
includes the basin steering committee and public review and input
and that provides for meaningful review and comments by private
citizens and organizations in the local watersheds; and
(5) recommend water quality management strategies for
correcting identified water quality problems and pollution
sources.
(d) In the appropriate year of the cycle provided by
commission rules adopted to implement Section 26.0285, each river
authority shall submit a written summary report to the commission,
State Soil and Water Conservation Board, and Parks and Wildlife
Department on the water quality assessment of the authority's
watershed. The summary report must identify concerns relating to
the watershed or bodies of water, including an identification of
bodies of water with impaired or potentially impaired uses, the
cause and possible source of use impairment, and recommended
actions the commission may take to address those concerns. The
summary report must discuss the public benefits from the water
quality monitoring and assessment program, including efforts to
increase public input in activities related to water quality and
the effectiveness of targeted monitoring in assisting the
permitting process. A river authority shall submit a summary
report after the report has been approved by the basin steering
committee and coordinated with the public and the commission. A
river authority shall hold basin steering committee meetings and
shall invite users of water and wastewater permit holders in the
watershed who pay fees under Section 26.0291 to review the draft of
the work plans and summary report. A river authority shall inform
those parties of the availability and location of the summary
report for inspection and shall solicit input from those parties
concerning their satisfaction with or suggestions for modification
of the summary report for the watershed, the operation or
effectiveness of the watershed monitoring and assessment program
authorized by this section, and the adequacy, use, or equitable
apportionment of the program's costs and funds. A river authority
shall summarize all comments received from persons who pay fees
under Section 26.0291 and from steering committee members and shall
submit the report and the summaries to the governor, the lieutenant
governor, and the speaker of the house of representatives not later
than the 90th day after the date the river authority submits the
summary report to the commission and other agencies.
(e) Each local government within the watershed of a river
authority shall cooperate in making the assessment under Subsection
(a) of this section and in preparing the report by providing to the
river authority all information available to the local government
about water quality within the jurisdiction of the local
government, including the extraterritorial jurisdiction of a
municipality.
(f) If more than one river authority is located in a
watershed, all river authorities within the watershed shall
cooperate in making the assessments and preparing the reports.
(g) For purposes of this section, solid waste and solid
waste management shall have the same meaning as in Chapter 361,
Health and Safety Code. Each river authority and local government
is authorized and encouraged, but not required, to manage solid
waste and to facilitate and promote programs for the collection and
disposal of household consumer and agricultural products which
contain hazardous constituents or hazardous substances and which,
when disposed of improperly, represent a threat of contamination to
the water resources of the state. Such programs may include the
establishment of a permanent collection site, mobile collection
sites, periodic collection events, or other methods which a river
authority or local government may deem effective.
Text of subsec. (h) as amended by Acts 2001, 77th Leg., ch. 234,
§ 3
(h) The commission shall apportion, assess, and recover the
reasonable costs of administering the water quality management
programs under this section from users of water and wastewater
permit holders in the watershed according to the records of the
commission generally in proportion to their right, through permit
or contract, to use water from and discharge wastewater in the
watershed. Irrigation water rights and non-priority hydroelectric
rights of a water right holder that owns or operates privately owned
facilities that collectively have a capacity of less than two
megawatts will not be subject to this assessment. The cost to river
authorities and others to conduct water quality monitoring and
assessment shall be subject to prior review and approval by the
commission as to methods of allocation and total amount to be
recovered. The commission shall adopt rules to supervise and
implement the water quality monitoring, assessment, and associated
costs. The rules shall ensure that water users and wastewater
dischargers do not pay excessive amounts, that program funds are
equitably apportioned among basins, that a river authority may
recover no more than the actual costs of administering the water
quality management programs called for in this section, and that no
municipality shall be assessed cost for any efforts that duplicate
water quality management activities described in Section 26.177 of
this chapter. The rules concerning the apportionment and
assessment of reasonable costs shall provide for a recovery of not
more than $5,000,000 annually. Costs recovered by the commission
are to be deposited to the credit of the water resource management
account and may be used only to accomplish the purposes of this
section. The commission may apply not more than 10 percent of the
costs recovered annually toward the commission's overhead costs for
the administration of this section and the implementation of
regional water quality assessments. The commission, with the
assistance and input of each river authority, shall file a written
report accounting for the costs recovered under this section with
the governor, the lieutenant governor, and the speaker of the house
of representatives on or before December 1 of each even-numbered
year.
Text of subsec. (h) as amended by Acts 2001, 77th Leg., ch. 965,
§ 3.05
(h) The commission shall apportion, assess, and recover the
reasonable costs of administering the water quality management
programs under this section. The cost to river authorities and
others to conduct water quality monitoring and assessment shall be
subject to prior review and approval by the commission as to methods
of allocation and total amount to be recovered. The commission
shall adopt rules to supervise and implement the water quality
monitoring, assessment, and associated costs. The rules shall
ensure that water users and wastewater dischargers do not pay
excessive amounts, that a river authority may recover no more than
the actual costs of administering the water quality management
programs called for in this section, and that no municipality shall
be assessed the cost for any efforts under this section that
duplicate water quality management activities described in Section
26.177 of this chapter.
(i) In this section:
(1) "Quality assured data" means data that complies
with commission rules for the water quality monitoring program
adopted under Subsection (c)(1), including rules governing the
methods under which water samples are collected and analyzed and
data from those samples is assessed and maintained.
(2) "River authority" means:
(A) a river authority as defined by Section
30.003 of this code that includes 10 or more counties; and
(B) any other river authority or special district
created under Article III, Section 52, Subsection (b)(1) or (2), or
Article XVI, Section 59, of the Texas Constitution that is
designated by rule of the commission to comply with this section.
(j) Repealed by Acts 2001, 77th Leg., ch. 965, § 3.06,
eff. Sept. 1, 2001.
Added by Acts 1991, 72nd Leg., ch. 294, § 1, eff. June 7, 1991.
Amended by Acts 1993, 73rd Leg., ch. 53, § 1, eff. Sept. 1, 1993;
Acts 1993, 73rd Leg., ch. 316, § 1, eff. Aug. 30, 1993; Acts
1993, 73rd Leg., ch. 564, § 1.01, eff. June 11, 1993; Acts 1993,
73rd Leg., ch. 746, § 4, eff. Aug. 30, 1993; Acts 1995, 74th
Leg., ch. 76, § 11.293, eff. Sept. 1, 1995; Acts 1995, 74th
Leg., ch. 553, § 1, eff. June 13, 1995; Acts 1997, 75th Leg., ch.
101, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 333, §
6, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1082, § 3, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 234, § 3, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 965, § 3.05, 3.06, 16.03, 16.04,
eff. Sept. 1, 2001.
§ 26.0136. WATER QUALITY MANAGEMENT. (a) The
commission is the agency with primary responsibility for
implementation of water quality management functions, including
enforcement actions, within the state. Water quality management
functions shall be oriented on a watershed basis in consideration
of the priorities identified by river authorities and basin
steering committees. The commission by rule shall coordinate the
water quality responsibilities of river authorities within each
watershed and shall, where appropriate, delegate water quality
functions to local governments under Section 26.175 of this code.
The State Soil and Water Conservation Board shall coordinate and
administer all programs for abating agricultural or silvicultural
nonpoint source pollution, as provided by Section 201.026,
Agriculture Code.
(b) Nothing in this section is intended to enlarge,
diminish, or supersede the water quality powers, including
enforcement authority, authorized by law for river authorities, the
State Soil and Water Conservation Board, and local governments.
Nothing in this section is intended to enlarge, diminish, or
supersede the responsibilities of the Texas Agricultural Extension
Service and the Texas Agricultural Experiment Station to conduct
educational programs and research regarding nonpoint source
pollution and related water resource and water quality matters.
(c) The commission shall establish rules to make the optimum
use of state and federal funding and grant programs related to water
quality programs of the commission.
(d) In this section, "river authority" has the meaning
assigned by Section 26.0135(i) of this code.
Added by Acts 1991, 72nd Leg., ch. 294, § 2, eff. June 7, 1991.
Amended by Acts 1993, 73rd Leg., ch. 53, § 2, eff. Sept. 1, 1993;
Acts 1997, 75th Leg., ch. 101, § 2, eff. Sept. 1, 1997.
§ 26.014. POWER TO ENTER PROPERTY.
Text of section effective until delegation of NPDES permit
authority
The members of the commission and employees and agents of the
commission are entitled to enter any public or private property at
any reasonable time for the purpose of inspecting and investigating
conditions relating to the quality of water in the state. Members,
employees, or agents of the commission and commission contractors
are entitled to enter public or private property at any reasonable
time to investigate or monitor or, if the responsible party is not
responsive or there is an immediate danger to public health or the
environment, to remove or remediate a condition related to the
quality of water in the state. Members, employees, commission
contractors, or agents acting under this authority who enter
private property shall observe the establishment's rules and
regulations concerning safety, internal security, and fire
protection, and if the property has management in residence, shall
notify management or the person then in charge of his presence and
shall exhibit proper credentials. If any member, employee,
commission contractor, or agent is refused the right to enter in or
on public or private property under this authority, the executive
director may invoke the remedies authorized in Section 26.123 of
this code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.066, eff.
Sept. 1, 1985; Acts 1995, 74th Leg., ch. 883, § 1, eff. Aug. 28,
1995.
For text of section effective upon delegation of NPDES permit
authority, see § 26.014, post
§ 26.014. POWER TO ENTER PROPERTY.
Text of section effective upon delegation of NPDES permit authority
The members of the commission and employees and agents of the
commission are entitled to enter any public or private property at
any reasonable time for the purpose of inspecting and investigating
conditions relating to the quality of water in the state or the
compliance with any rule, regulation, permit or other order of the
commission. Members, employees, or agents of the commission and
commission contractors are entitled to enter public or private
property at any reasonable time to investigate or monitor or, if the
responsible party is not responsive or there is an immediate danger
to public health or the environment, to remove or remediate a
condition related to the quality of water in the state. Members,
employees, commission contractors, or agents acting under this
authority who enter private property shall observe the
establishment's rules and regulations concerning safety, internal
security, and fire protection, and if the property has management
in residence, shall notify management or the person then in charge
of his presence and shall exhibit proper credentials. If any
member, employee, commission contractor, or agent is refused the
right to enter in or on public or private property under this
authority, the executive director may invoke the remedies
authorized in Section 26.123 of this code.
Amended by Acts 1977, 65th Leg., p. 1640, ch. 644, § 1.
Renumbered from § 21.064 and amended by Acts 1977, 65th Leg., p.
2207, ch. 870, § 1, eff. Sept. 1, 1977. Amended by Acts 1985,
69th Leg., ch. 795, § 1.067, eff. Sept. 1, 1985; Acts 1995, 74th
Leg., ch. 883, § 2, eff. Aug. 28, 1995.
For text of section effective until delegation of NPDES permit
authority, see § 26.014, ante
§ 26.015. POWER TO EXAMINE RECORDS.
Text of section effective until delegation of NPDES permit
authority
The members of the commission and employees and agents of the
commission may examine during regular business hours any records or
memoranda pertaining to the operation of any sewer system, disposal
system, or treatment facility or pertaining to any discharge of
waste.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.068, eff.
Sept. 1, 1985.
For text of section effective upon delegation of NPDES permit
authority, see § 26.015, post
§ 26.015. POWER TO EXAMINE RECORDS.
Text of section effective upon delegation of NPDES permit authority
The members of the commission and employees and agents of the
commission may examine and copy during regular business hours any
records or memoranda pertaining to the operation of any sewer
system, disposal system, or treatment facility or pertaining to any
discharge of waste or pollutants into any water in the state, or any
other records required to be maintained.
Amended by Acts 1977, 65th Leg., p. 1640, ch. 644, § 1.
Renumbered from § 21.065 and amended by Acts 1977, 65th Leg., p.
2207, ch. 870, § 1, eff. Sept. 1, 1977. Amended by Acts 1985,
69th Leg., ch. 795, § 1.069, eff. Sept. 1, 1985.
For text of section effective until delegation of NPDES permit
authority, see § 26.015, ante
§ 26.0151. PUBLIC INFORMATION. (a) The commission
shall provide for publishing or otherwise releasing on a regular
basis as public information:
(1) the results of inspections and investigations
conducted under Section 26.014 of this code; and
(2) any other information routinely prepared by the
commission relating to compliance with this chapter or with a rule
or order adopted under this chapter.
(b) The commission shall establish a procedure by which, in
response to a written request, a person or organization will be sent
a copy of an inspection, investigation, or compliance report for a
specified facility or system or for facilities or systems in a
specified area or, on a regular basis, a copy of the information
released under Subsection (a) of this section.
(c) The commission shall charge a reasonable fee for each
copy sent under Subsection (b) of this section. The fee must be set
at an amount that is estimated to recover the full cost of producing
and copying and mailing a copy of the report and must be paid in cash
or by cashier's check.
(d) A copy of a report shall be sent to the person or
organization requesting it not later than the 30th day after the
date on which the fee is paid or on which the report is made,
whichever is later.
(e) This section does not apply to any information excepted
under Subchapter C, Chapter 552, Government Code.
Added by Acts 1985, 69th Leg., ch. 749, § 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 977, § 21, eff. June 19,
1987; Acts 1995, 74th Leg., ch. 76, § 5.95(101), eff. Sept. 1,
1995.
§ 26.017. COOPERATION. The commission shall:
(1) encourage voluntary cooperation by the people,
cities, industries, associations, agricultural interests, and
representatives of other interests in preserving the greatest
possible utility of water in the state;
(2) encourage the formation and organization of
cooperative groups, associations, cities, industries, and other
water users for the purpose of providing a medium to discuss and
formulate plans for attainment of water quality control;
(3) establish policies and procedures for securing
close cooperation among state agencies that have water quality
control functions;
(4) cooperate with the governments of the United
States and other states and with official or unofficial agencies
and organizations with respect to water quality control matters and
with respect to formulation of interstate water quality control
compacts or agreements, and when representation of state interests
on a basin planning agency for water quality purposes is required
under Section 3(c) of the Federal Water Pollution Control Act, as
amended, or other federal legislation having a similar purpose, the
representation shall include an officer or employee of the
commission; and
(5) with respect to obtaining or administering the
NPDES program in lieu of the government of the United States, not
enter into any memorandum of agreement or other contractual
relationship with or among state agencies or with the government of
the United States which imposes any requirements upon the state
other than or more stringent than those specifically set forth in
Section 402(b) of the Federal Water Pollution Control Act, as
amended.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.070, eff.
Sept. 1, 1985; Acts 1995, 74th Leg., ch. 310, § 2, eff. Aug. 28,
1995.
§ 26.018. CONTRACTS, INSTRUMENTS. With the approval of
the commission, the executive director may make contracts and
execute instruments that are necessary or convenient to the
exercise of the commission's powers or the performance of its
duties.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.070, eff.
Sept. 1, 1985.
§ 26.019. ORDERS. The commission is authorized to issue
orders and make determinations necessary to effectuate the purposes
of this chapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1997, 75th Leg., ch. 1072, § 15, eff. Sept.
1, 1997.
§ 26.0191. TEMPORARY OR EMERGENCY ORDER RELATING TO
DISCHARGE OF WASTE OR POLLUTANTS. The commission may issue a
temporary or emergency order relating to the discharge of waste or
pollutants under Section 5.509.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3150, ch. 828, § 1, eff.
June 17, 1981; Acts 1985, 69th Leg., ch. 795, § 1.071, 5.011,
eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 977, § 22, eff.
June 19, 1987; Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1072, § 16, eff. Sept.
1, 1997.
§ 26.020. HEARING POWERS. The commission may call and
hold hearings, administer oaths, receive evidence at the hearing,
issue subpoenas to compel the attendance of witnesses and the
production of papers and documents related to the hearing, and make
findings of fact and decisions with respect to administering the
provisions of this chapter or the rules, orders, or other actions of
the commission.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 26.021. DELEGATION OF HEARING POWERS. (a) The
commission may authorize the chief administrative law judge of the
State Office of Administrative Hearings to call and hold hearings
on any subject on which the commission may hold a hearing.
(b) The commission may also authorize the chief
administrative law judge to delegate to one or more administrative
law judges the authority to hold any hearing the chief
administrative law judge calls.
(c) At any hearing called under this section, the chief
administrative law judge or the administrative law judge to whom a
hearing is delegated may administer oaths and receive evidence.
(d) The individual or individuals holding a hearing under
the authority of this section shall report the hearing in the manner
prescribed by the commission.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 979, ch. 367, § 8, eff.
June 10, 1981; Acts 1995, 74th Leg., ch. 106, § 3, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 1072, § 17, eff. Sept. 1, 1997.
§ 26.022. NOTICE OF HEARINGS;
CONTINUANCE. (a) Except as otherwise provided in Sections 5.501,
5.504, 5.509, and 26.176, the provisions of this section apply to
all hearings conducted in compliance with this chapter.
(b) Notice of the hearing shall be published at least once
in a newspaper regularly published or circulated in each county
where, by virtue of the county's geographical relation to the
subject matter of the hearing, the commission has reason to believe
persons reside who may be affected by the action that may be taken
as a result of the hearing. The date of the publication shall be not
less than 20 days before the date set for the hearing.
(c) If notice of the hearing is required by this chapter to
be given to a person, the notice shall be served personally or
mailed not less than 20 days before the date set for the hearing to
the person at his last address known to the commission. If the
party is not an individual, the notice may be given to any officer,
agent, or legal representative of the party.
(d) The individual or individuals holding the hearing,
called the hearing body, shall conduct the hearing at the time and
place stated in the notice. The hearing body may continue the
hearing from time to time and from place to place without the
necessity of publishing, serving, mailing, or otherwise issuing a
new notice.
(e) If a hearing is continued and a time and place for the
hearing to reconvene are not publicly announced by the person
conducting the hearing at the hearing before it is recessed, a
notice of any further setting of the hearing shall be served
personally or mailed in the manner prescribed in Subsection (c) of
this section at a reasonable time before the new setting, but it is
not necessary to publish a newspaper notice of the new setting.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1997, 75th Leg., ch. 1072, § 18, eff. Sept.
1, 1997.
§ 26.023. WATER QUALITY STANDARDS. The commission by
rule shall set water quality standards for the water in the state
and may amend the standards from time to time. The commission has
the sole and exclusive authority to set water quality standards for
all water in the state. The commission shall consider the existence
and effects of nonpoint source pollution, toxic materials, and
nutrient loading in developing water quality standards and related
waste load models for water quality. The commission shall develop
standards based on all quality assured data obtained by the
commission, including the local watershed and river basin database
described by Section 26.0135(c)(2). In this section, "quality
assured data" has the meaning assigned by Section 26.0135(i).
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.072, eff.
Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 294, § 3, eff. June 7,
1991; Acts 1997, 75th Leg., ch. 101, § 3, eff. Sept. 1, 1997.
§ 26.024. HEARINGS ON STANDARDS; CONSULTATION. Before
setting or amending water quality standards, the commission shall:
(1) hold public hearings at which any person may
appear and present evidence under oath, pertinent for consideration
by the commission; and
(2) consult with the executive administrator to insure
that the proposed standards are not inconsistent with the
objectives of the state water plan.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.072 eff. Sept.
1, 1985.
§ 26.025. HEARINGS ON STANDARDS; NOTICE TO
WHOM. (a) The commission shall provide notice of a hearing under
Section 26.024 of this code by publishing the notice in the Texas
Register.
(b) In addition to the requirements of Subsection (a) of
this section, the commission shall also provide notice to each of
the following that the commission believes may be affected:
(1) each local government whose boundary is contiguous
to the water in question or whose boundaries contain all or part of
the water, or through whose boundaries the water flows; and
(2) the holders of permits from the commission to
discharge waste into or adjacent to the water in question.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.072, eff.
Sept. 1, 1985; Acts 1987, 70th Leg., ch. 977, § 21, eff. June 19,
1987; Acts 1991, 72nd Leg., ch. 392, § 1, eff. June 6, 1991.
§ 26.026. STANDARDS TO BE PUBLISHED. The commission
shall publish its water quality standards and amendments and shall
make copies available to the public on written request.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.072, eff.
Sept. 1, 1985.
§ 26.027. COMMISSION MAY ISSUE PERMITS.
Text of section effective until delegation of NPDES permit
authority
(a) The commission may issue permits and amendments to
permits for the discharge of waste into or adjacent to water in the
state.
(b) A person desiring to obtain a permit or to amend a permit
shall submit an application to the commission containing all
information reasonably required by the commission. The commission
shall, at minimum, require an applicant who is an individual to
provide:
(1) the individual's full legal name and date of birth;
(2) the street address of the individual's place of
residence;
(3) the identifying number from the individual's
driver's license or personal identification certificate issued by
the state or country in which the individual resides;
(4) the individual's sex; and
(5) any assumed business or professional name of the
individual filed under Chapter 36, Business & Commerce Code.
(c) A person may not commence construction of a treatment
facility until the commission has issued a permit to authorize the
discharge of waste from the facility, except with the approval of
the commission.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.073, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 152, § 1, eff. Sept. 1,
1993.
For text of section effective upon delegation of NPDES permit
authority, see § 26.027, post
§ 26.027. COMMISSION MAY ISSUE PERMITS.
Text of section effective upon delegation of NPDES permit authority
(a) The commission may issue permits and amendments to
permits for the discharge of waste or pollutants into or adjacent to
water in the state. No permit shall be issued authorizing the
discharge of any radiological, chemical, or biological warfare
agent or high-level radioactive waste. The commission may refuse
to issue a permit when the commission finds that issuance of the
permit would violate the provisions of any state or federal law or
rule or regulation promulgated thereunder, or when the commission
finds that issuance of the permit would interfere with the purpose
of this chapter.
(b) A person desiring to obtain a permit or to amend a permit
shall submit an application to the commission containing all
information reasonably required by the commission. The commission
shall, at minimum, require an applicant who is an individual to
provide:
(1) the individual's full legal name and date of birth;
(2) the street address of the individual's place of
residence;
(3) the identifying number from the individual's
driver's license or personal identification certificate issued by
the state or country in which the individual resides;
(4) the individual's sex; and
(5) any assumed business or professional name of the
individual filed under Chapter 36, Business & Commerce Code.
(c) A person may not commence construction of a treatment
facility until the commission has issued a permit to authorize the
discharge of waste from the facility, except with the approval of
the commission.
(d) The commission may not require under this chapter any
permit for the placing of dredged or fill materials into or adjacent
to water in the state for the purpose of constructing, modifying, or
maintaining facilities or structures, but this does not change or
limit any authority the commission may have with respect to the
control of water quality. The commission may adopt rules and
regulations to govern and control the discharge of dredged or fill
materials consistent with the purpose of this chapter.
Amended by Acts 1977, 65th Leg., p. 1645, ch. 644, § 7.
Renumbered from § 21.079 and amended by Acts 1977, 65th Leg., p.
2207, ch. 870, § 1, eff. Sept. 1, 1977. Amended by Acts 1985,
69th Leg., ch. 795, § 1.074, eff. Sept. 1, 1985; Acts 1993, 73rd
Leg., ch. 152, § 2, eff. Sept. 1, 1993.
For text of section effective until delegation of NPDES permit
authority, see § 26.027, ante
§ 26.028. ACTION ON APPLICATION. (a) Notice of an
application for a permit, permit amendment, or permit renewal shall
be given to the persons who in the judgment of the commission may be
affected by the application, except as provided by this section.
(b) For any application involving an average daily
discharge of five million gallons or more, the notice shall be
given:
(1) not later than 20 days before the date on which the
commission acts on the application; and
(2) to each county judge in the county or counties
located within 100 statute miles of the point of discharge who have
requested in writing that the commission give that notice and
through which water, into or adjacent to which waste or pollutants
are to be discharged under the permit, flows after the discharge.
(c) Except as otherwise provided by this section, the
commission, on the motion of a commissioner, or on the request of
the executive director or any affected person, shall hold a public
hearing on the application for a permit, permit amendment, or
renewal of a permit.
(d) Notwithstanding any other provision of this chapter,
the commission, at a regular meeting without the necessity of
holding a public hearing, may approve an application to renew or
amend a permit if:
(1) the applicant is not applying to:
(A) increase significantly the quantity of waste
authorized to be discharged; or
(B) change materially the pattern or place of
discharge;
(2) the activities to be authorized by the renewed or
amended permit will maintain or improve the quality of waste
authorized to be discharged;
(3) for NPDES permits, notice and the opportunity to
request a public meeting shall be given in compliance with NPDES
program requirements, and the commission shall consider and respond
to all timely received and significant public comment; and
(4) the commission determines that an applicant's
compliance history under the method for evaluating compliance
history developed by the commission under Section 5.754 raises no
issues regarding the applicant's ability to comply with a material
term of its permit.
(e) In considering an applicant's compliance history under
Subsection (d)(4), the commission shall consider as evidence of
compliance information regarding the applicant's implementation of
an environmental management system at the facility for which the
permit, permit amendment, or permit renewal is sought. In this
subsection, "environmental management system" has the meaning
assigned by Section 5.127.
(f) Notice of an application under Subsection (d) shall be
mailed to the mayor and health authorities for the city or town, and
the county judge and health authorities for the county in which the
waste is or will be discharged, at least 10 days before the
commission meeting, and they may present information to the
commission on the application.
(g) An application to renew a permit for a confined animal
feeding operation which was issued between July 1, 1974, and
December 31, 1977, may be set for consideration and may be acted on
by the commission at a regular meeting without the necessity of
holding a public hearing if the applicant does not seek to discharge
into or adjacent to water in the state and does not seek to change
materially the pattern or place of disposal.
(h) For the purposes of Subsection (c), the commission may
act on the application without holding a public hearing if all of
the following conditions are met:
(1) not less than 30 days before the date of action on
the application by the commission, the applicant has published the
commission's notice of the application at least once in a newspaper
regularly published or circulated within each county where the
proposed facility or discharge is located and in each county
affected by the discharge;
(2) not less than 30 days before the date of action on
the application by the commission, the applicant has served or
mailed the commission's notice of the application to persons who in
the judgment of the commission may be affected, including the
county judges as required by Subsection (b). As part of his
application the applicant shall submit an affidavit which lists the
names and addresses of the persons who may be affected by the
application and includes the source of the list;
(3) within 30 days after the date of the newspaper
publication of the commission's notice, neither a commissioner, the
executive director, nor an affected person who objects to the
application has requested a public hearing.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1979, 66th Leg., p. 1984, ch. 781, § 1, eff.
Aug. 27, 1979; Acts 1981, 67th Leg., p. 3156, ch. 828, § 6, eff.
June 17, 1981; Acts 1985, 69th Leg., ch. 795, § 5.012, eff.
Sept. 1, 1985; Acts 1999, 76th Leg., ch. 795, § 1, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 965, § 16.05, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 1161, § 2, eff. Sept. 1, 2001.
§ 26.0281. CONSIDERATION OF COMPLIANCE HISTORY. In
considering the issuance, amendment, or renewal of a permit to
discharge effluent comprised primarily of sewage or municipal
waste, the commission shall consider the compliance history of the
applicant and its operator under the method for evaluating
compliance history developed by the commission under Section 5.754.
In considering an applicant's compliance history under this
subsection, the commission shall consider as evidence of compliance
information regarding the applicant's implementation of an
environmental management system at the facility for which the
permit, permit amendment, or permit renewal is sought. In this
section, "environmental management system" has the meaning
assigned by Section 5.127.
Added by Acts 1985, 69th Leg., ch. 626, § 1, eff. Aug. 26, 1985.
Amended by Acts 2001, 77th Leg., ch. 965, § 16.06, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 1161, § 3, eff. Sept. 1, 2001.
§ 26.0282. CONSIDERATION OF NEED AND REGIONAL TREATMENT
OPTIONS. In considering the issuance, amendment, or renewal of a
permit to discharge waste, the commission may deny or alter the
terms and conditions of the proposed permit, amendment, or renewal
based on consideration of need, including the expected volume and
quality of the influent and the availability of existing or
proposed areawide or regional waste collection, treatment, and
disposal systems not designated as such by commission order
pursuant to provisions of this subchapter. This section is
expressly directed to the control and treatment of conventional
pollutants normally found in domestic wastewater.
Added by Acts 1989, 71st Leg., ch. 757, § 1, eff. Sept. 1, 1989.
§ 26.0283. DENIAL OF APPLICATION FOR PERMIT; ASSISTANCE
PROVIDED BY CERTAIN FORMER EMPLOYEES. (a) In this section,
"former employee" means a person:
(1) who was previously employed by the commission as a
supervisory or exempt employee; and
(2) whose duties during employment with the commission
included involvement in or supervision of the commission's review,
evaluation, or processing of applications.
(b) The commission shall deny an application for the
issuance, amendment, renewal, or transfer of a permit and may not
issue, amend, renew, or transfer the permit if the board determines
that a former employee:
(1) participated personally and substantially as a
former employee in the commission's review, evaluation, or
processing of that application before leaving his employment with
the commission; and
(2) after leaving his employment with the commission,
provided assistance with the application for the issuance,
amendment, renewal, or transfer of a permit, including assistance
with preparation or presentation of the application or legal
representation of the applicant.
(c) The commission shall provide an opportunity for a
hearing to an applicant before denying an application under this
section.
(d) Action taken under this section will not prejudice any
application other than an application in which the former employee
provided assistance.
Added by Acts 1989, 71st Leg., ch. 1175, § 2, eff. Sept. 1, 1989.
§ 26.0285. EXPIRATION OF PERMITS WITHIN SAME
WATERSHED. The commission shall, to the greatest extent
practicable, require that all permits for the discharge of waste
within a single watershed or within a region of a single watershed
contain the same expiration date. The commission shall adopt and
implement procedures for the simultaneous review and renewal of all
those permits within a watershed or region of a watershed. The
purpose of the review is to require comprehensive evaluation of the
combined effects of permitted discharges on water quality within
the watershed and to facilitate the receipt of information from the
public and other entities affected by those discharges. The
watershed and river basin monitoring plans described by Section
26.0135(c) shall include targeted monitoring to assist the
permitting process.
Added by Acts 1991, 72nd Leg., ch. 294, § 4, eff. June 7, 1991.
Amended by Acts 1997, 75th Leg., ch. 101, § 4, eff. Sept. 1,
1997.
§ 26.0286. PROCEDURES APPLICABLE TO PERMITS FOR CERTAIN
CONCENTRATED ANIMAL FEEDING OPERATIONS. (a) In this section:
(1) "Sole-source surface drinking water supply" means
a body of surface water that is designated as a sole-source surface
drinking water supply in rules adopted by the commission.
(2) "Protection zone" means an area so designated by
commission rule under Subsection (c).
(b) The commission shall process an application for
authorization to construct or operate a concentrated animal feeding
operation as a specific permit under Section 26.028 subject to the
procedures provided by Subchapter M, Chapter 5, if, on the date the
commission determines that the application is administratively
complete, any part of a pen, lot, pond, or other type of control or
retention facility or structure of the concentrated animal feeding
operation is located or proposed to be located within the
protection zone of a sole-source surface drinking water supply.
For the purposes of this subsection, a land application area is not
considered a control or retention facility.
(c) For the purposes of this section only, when adopting
rules under Section 26.023 to set water quality standards for water
in the state, the commission by rule shall designate a surface water
body as a sole-source surface drinking water supply if that surface
water body is identified as a public water supply in rules adopted
by the commission under Section 26.023 and is the sole source of
supply of a public water supply system, exclusive of emergency
water connections. At the same time, the commission shall
designate as a protection zone any area within the watershed of a
sole-source surface drinking water supply that is:
(1) within two miles of the normal pool elevation of a
body of surface water that is a sole-source surface drinking water
supply;
(2) within two miles of that part of a perennial stream
that is:
(A) a tributary of a sole-source surface drinking
water supply; and
(B) within three linear miles upstream of the
normal pool elevation of a sole-source surface drinking water
supply; or
(3) within two miles of that part of a stream that is a
sole-source surface drinking water supply, extending three linear
miles upstream from the water supply intake.
Added by Acts 1999, 76th Leg., ch. 1350, § 3, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 681, § 1, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 966, § 8.01, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 1276, § 18.005, eff. Sept. 1, 2003.
§ 26.029. CONDITIONS OF PERMIT; AMENDMENT.
Text of section effective until delegation of NPDES permit
authority
(a) In each permit, the commission shall prescribe the
conditions on which it is issued, including:
(1) the duration of the permit;
(2) the location of the point of discharge of the
waste;
(3) the maximum quantity of waste that may be
discharged under the permit at any time and from time to time;
(4) the character and quality of waste that may be
discharged under the permit; and
(5) any monitoring and reporting requirements
prescribed by the commission for the permittee.
(b) After a public hearing, notice of which shall be given
to the permittee, the commission may require the permittee, from
time to time, for good cause, to conform to new or additional
conditions. The commission shall allow the permittee a reasonable
time to conform to the new or additional conditions, and on
application of the permittee, the commission may grant additional
time.
(c) A permit does not become a vested right in the
permittee.
(d) The notice required by Subsection (b) of this section
shall be sent to the permittee at his last known address as shown by
the records of the commission.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 985, ch. 367, § 44, eff.
June 10, 1981; Acts 1985, 69th Leg., ch. 795, § 1.076, eff.
Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1072, § 19, eff. Sept.
1, 1997.
For text of section effective upon delegation of NPDES permit
authority, see § 26.029, post
§ 26.029. CONDITIONS OF PERMIT; AMENDMENT.
Text of section effective upon delegation of NPDES permit authority
(a) In each permit, the commission shall prescribe the
conditions on which it is issued, including:
(1) the duration of the permit;
(2) the location of the point of discharge of the
waste;
(3) the maximum quantity of waste that may be
discharged under the permit at any time and from time to time;
(4) the character and quality of waste that may be
discharged under the permit; and
(5) any monitoring and reporting requirements
prescribed by the commission for the permittee.
(b) After a public hearing, notice of which shall be given
to the permittee, the commission may require the permittee, from
time to time, for good cause, in conformance with applicable laws,
to conform to new or additional conditions.
(c) A permit does not become a vested right in the
permittee.
(d) The notice required by Subsection (b) of this section
shall be sent to the permittee at his last known address as shown by
the records of the commission.
Amended by Acts 1977, 65th Leg., p. 1646, ch. 644, § 8.
Renumbered from § 21.081 and amended by Acts 1977, 65th Leg., p.
2207, ch. 870, § 1, eff. Sept. 1, 1977. Amended by Acts 1981,
67th Leg., p. 985, ch. 367, § 44, eff. June 10, 1981; Acts 1985,
69th Leg., ch. 795, § 1.075, eff. Sept. 1, 1985; Acts 1997, 75th
Leg., ch. 1072, § 20, eff. Sept. 1, 1997.
For text of section effective until delegation of NPDES permit
authority, see § 26.029, ante
§ 26.0291. WASTE TREATMENT INSPECTION FEE.
Text of section effective until delegation of NPDES permit
authority
(a) An annual waste treatment inspection fee is imposed on
each permittee for each waste discharge permit held by the
permittee. The fee is to supplement any other funds available to
pay expenses of the commission in inspecting waste treatment
facilities and enforcing the laws of the state, and the rules of the
commission, governing waste discharge and waste treatment
facilities. The fee for each year is imposed on each permit in
effect during any part of the year.
(b) The commission, by rule, shall adopt a fee schedule for
determining the amount of the fee to be charged. The amount of the
fee may not exceed $11,000 for each waste discharge permit held by a
permittee. In determining the amount of a fee under this section,
the commission may consider permitting factors such as flow volume,
toxic pollutant potential, level of traditional pollutants, and
heat load. The commission also may consider the designated uses and
segment ranking classification of the water affected by discharges
from the permitted facility.
(c) The fees collected under this section shall be deposited
to the credit of the water resource management account, an account
in the general revenue fund.
(d) The commission may adopt rules necessary to administer
this section.
(e) A fee collected under this section is in addition to any
other fee that may be charged under this chapter.
Added by Acts 1983, 68th Leg., p. 2442, ch. 435, § 1, eff. Aug.
29, 1983; Amended by Acts 1985, 69th Leg., ch. 239, § 78, eff.
Sept. 1, 1985; Acts 1985, 69th Leg., ch. 795, § 1.077, eff.
Sept. 1, 1985; Acts 1987, 70th Leg., ch. 398, § 1, 2, eff. Sept.
1, 1987; Acts 1987, 70th Leg., ch. 400, § 2, eff. Sept. 1, 1987;
Acts 1987, 70th Leg., ch. 417, § 2, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 642, § 2, eff. Aug. 28, 1989; Acts
1993, 73rd Leg., ch. 564, § 1.03; Acts 1997, 75th Leg., ch. 333,
§ 7, eff. Sept. 1, 1997.
For text of section effective on delegation of NPDES permit
authority, see § 26.0291, post
§ 26.0291. WATER QUALITY FEE.
Text of section effective upon delegation of NPDES permit authority
(a) An annual water quality fee is imposed on:
(1) each wastewater discharge permit holder for each
wastewater discharge permit held; and
(2) each user of water in proportion to the user's
water right, through permit or contract, as reflected in the
commission's records, provided that the commission by rule shall
ensure that no fee shall be assessed for the portion of a municipal
or industrial water right directly associated with a facility or
operation for which a fee is assessed under Subdivision (1) of this
subsection.
(b) The fee is to supplement any other funds available to
pay expenses of the commission related to:
(1) inspecting waste treatment facilities; and
(2) enforcing the laws of the state and the rules of
the commission governing:
(A) waste discharge and waste treatment
facilities, including any expenses necessary to administer the
national pollutant discharge elimination system (NPDES) program;
(B) the water resources of this state, including
the water quality management programs under Section 26.0135; and
(C) any other water resource management programs
reasonably related to the activities of the persons required to pay
a fee under this section.
(c) The fee for each year is imposed on each permit or water
right in effect during any part of the year. The commission may
establish reduced fees for inactive permits.
(d) Irrigation water rights are not subject to a fee under
this section.
(e) The commission by rule shall adopt a fee schedule for
determining the amount of the fee to be charged. The amount of the
fee may not exceed $75,000 for each permit or contract. The maximum
annual fee under this section for a wastewater discharge or waste
treatment facility that holds a water right for the use of water by
the facility may not exceed $75,000. In determining the amount of a
fee under this section, the commission may consider:
(1) waste discharge permitting factors such as flow
volume, toxic pollutant potential, level of traditional pollutant,
and heat load;
(2) the designated uses and segment ranking
classification of the water affected by discharges from the
permitted facility;
(3) the expenses necessary to obtain and administer
the NPDES program;
(4) the reasonable costs of administering the water
quality management programs under Section 26.0135; and
(5) any other reasonable costs necessary to administer
and enforce a water resource management program reasonably related
to the activities of the persons required to pay a fee under this
section.
(f) The fees collected under this section shall be deposited
to the credit of the water resource management account, an account
in the general revenue fund.
(g) The commission may adopt rules necessary to administer
this section.
(h) A fee collected under this section is in addition to any
other fee that may be charged under this chapter.
Added by Acts 1989, 71st Leg., ch. 642, § 3. Amended by Acts
1993, 73rd Leg., ch. 746, § 5; Acts 1995, 74th Leg., ch. 310,
§ 3, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 333, § 8,
eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 965, § 3.04, eff.
Sept. 1, 2001.
For text of section effective until delegation of NPDES permit
authority see § 26.0291, ante
§ 26.0292. FEES CHARGED TO AQUACULTURE
FACILITIES. (a) "Aquaculture facility" means a facility engaged
in aquaculture as defined in Section 134.001, Agriculture Code.
(b) Notwithstanding Sections 26.0135 and 26.0291, the
combined fees charged to an aquaculture facility under those
sections may not total more than $5,000 in any year.
(c) The commission by rule shall provide that among
aquaculture facilities, the fees charged under this section are
reasonably assessed according to the pollutant load of the
facility.
Added by Acts 1999, 76th Leg., ch. 1239, § 10, eff. Sept. 1,
1999.
§ 26.030. PERMIT; EFFECT ON RECREATIONAL
WATER. (a) In considering the issuance of a permit to discharge
effluent into any body of water having an established recreational
standard, the commission shall consider any unpleasant odor quality
of the effluent and the possible adverse effect that it might have
on the receiving body of water, and the commission may consider the
odor as one of the elements of the water quality of the effluent.
(b) In considering the issuance of a permit to discharge
effluent comprised primarily of sewage or municipal waste into any
body of water that crosses or abuts any park, playground, or
schoolyard within one mile of the point of discharge, the
commission shall consider any unpleasant qualities of the effluent,
including unpleasant odor, and any possible adverse effects that
the discharge of the effluent might have on the recreational value
of the park, playground, or schoolyard.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 424, § 1, eff. June 11,
1985.
§ 26.0301. WASTEWATER OPERATIONS COMPANY REGISTRATION
AND OPERATOR LICENSING. (a) The holders of permits to discharge
wastewater from a sewage treatment facility shall employ a
treatment plant operator holding a valid license issued by the
commission under Chapter 37 for the type of facility being
operated.
(b) Every person that is in the business of providing sewage
treatment or collection facility services under contract must hold
a valid registration issued by the commission under Chapter 37.
(c) A person who performs process control activities at a
sewage treatment facility or supervises the maintenance of a sewage
collection system must hold a license issued by the commission
under Chapter 37.
Added by Acts 1985, 69th Leg., ch. 795, § 5.010, eff. Sept. 1,
1985. Amended by Acts 1987, 70th Leg., ch. 400, § 1, eff. Sept.
1, 1987; Acts 1993, 73rd Leg., ch. 564, § 1.04, eff. June 11,
1993; Acts 1993, 73rd Leg., ch. 746, § 6, eff. Aug. 30, 1993;
Acts 1997, 75th Leg., ch. 333, § 9, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1072, § 21, eff. Sept. 1, 1997; Acts 2001,
77th Leg., ch. 880, § 6, eff. Sept. 1, 2001.
§ 26.0311. STANDARDS FOR CONTROL OF GRAYWATER. (a) In
this section, "graywater" means wastewater from clothes washing
machines, showers, bathtubs, handwashing lavatories, and sinks
that are not used for disposal of hazardous or toxic ingredients.
The term does not include wastewater:
(1) that has come in contact with toilet waste;
(2) from the washing of material, including diapers,
soiled with human excreta; or
(3) from sinks used for food preparation or disposal.
(b) The commission by rule shall adopt and implement minimum
standards for the use of graywater for:
(1) irrigation and other agricultural purposes;
(2) domestic use, to the extent consistent with
Section 341.039, Health and Safety Code;
(3) commercial purposes; and
(4) industrial purposes.
(c) The standards adopted by the commission under
Subsection (b) must assure that the use of graywater is not a
nuisance and does not damage the quality of surface water and
groundwater in this state.
Added by Acts 1987, 70th Leg., ch. 541, § 1, eff. Sept. 1, 1987.
Amended by Acts 1993, 73rd Leg., ch. 233, § 1, eff. Aug. 30,
1993; Acts 2003, 78th Leg., ch. 689, § 1, eff. Sept. 1, 2003.
§ 26.033. RATING OF WASTE DISPOSAL SYSTEMS. (a) After
consultation with the Texas Department of Health, the commission
shall provide by rule for a system of approved ratings for municipal
waste disposal systems and other waste disposal systems which the
commission may designate.
(b) The owner or operator of a municipal waste disposal
system which attains an approved rating has the privilege of
erecting signs of a design approved by the commission on highways
approaching or inside the boundaries of the municipality, subject
to reasonable restrictions and requirements which may be
established by the Texas Department of Transportation.
(c) In addition, the owner or operator of any waste disposal
system, including a municipal system, which attains an approved
rating has the privilege of erecting signs of a design approved by
the commission at locations which may be approved or established by
the commission, subject to such reasonable restrictions and
requirements which may be imposed by any governmental entity having
jurisdiction.
(d) If the waste disposal system fails to continue to
achieve an approved rating, the commission may revoke the
privilege. On due notice from the commission, the owner or operator
of the system shall remove the signs.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.080, eff.
Sept. 1, 1985; Acts 1995, 74th Leg., ch. 165, § 22(74), eff.
Sept. 1, 1995.
§ 26.034. APPROVAL OF DISPOSAL SYSTEM PLANS. (a) The
commission may, on a case-by-case basis, review and approve plans
and specifications for treatment facilities, sewer systems, and
disposal systems that transport, treat, or dispose of primarily
domestic wastes.
(b) Before beginning construction, every person who
proposes to construct or materially alter the efficiency of any
treatment works to which this section applies shall submit
completed plans and specifications to the commission.
(c) The commission by rule shall adopt standards to
determine which plans and specifications the commission will review
for approval. If the commission excludes certain plans and
specifications from review and approval, the commission shall
require that a registered professional engineer submit the plans to
the commission and make a finding that the plans and specifications
are in substantial compliance with commission standards and that
any deviation from those standards is based on the best
professional judgment of the registered professional engineer.
(d) Except as provided by Subsection (e), the commission may
not require plans and specifications for a sewer system that
transports primarily domestic waste to be submitted to the
commission from:
(1) a municipality if:
(A) the municipality has its own internal
engineering review staff;
(B) the plans and specifications subject to
review are prepared by private engineering consultants; and
(C) the review is conducted by a registered
professional engineer who is an employee of or consultant to the
municipality separate from the private engineering consultant
charged with the design of the plans and specifications under
review; or
(2) an entity that is required by local ordinance to
submit the plans and specifications for review and approval to a
municipality.
(e) If the commission finds that a municipality's review and
approval process does not provide for substantial compliance with
commission standards, the commission shall require all plans and
specifications reviewed by the municipality under Subsection (d) to
be submitted to the commission for review and approval.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 961, ch. 367, § 1, eff.
June 10, 1981; Acts 1985, 69th Leg., ch. 795, § 1.081, eff.
Sept. 1, 1985; Acts 1987, 70th Leg., ch. 397, § 1, eff. Sept. 1,
1987; Acts 1995, 74th Leg., ch. 924, § 1, eff. Aug. 28, 1995.
§ 26.0345. DISCHARGE FROM AQUACULTURE
FACILITIES. (a) In addition to wastewater permit conditions
established under the authority of Sections 5.102, 5.103, 5.120,
and 26.040, the Texas Natural Resource Conservation Commission, in
consultation with the Department of Agriculture and the Parks and
Wildlife Department, shall establish permit conditions relating to
suspended solids in a discharge permit for an aquaculture facility
located within the coastal zone and engaged in shrimp production
that are based on levels and measures adequate to prevent:
(1) potential significant adverse responses in
aquatic organisms, changes in flow patterns of receiving waters, or
untimely filling of bays with settled solids; or
(2) a potential significant adverse response in
aquatic plants from attenuation of light by suspended solids in
discharges.
(b) In this section, "coastal zone" has the meaning assigned
by Section 33.004, Natural Resources Code.
Added by Acts 1999, 76th Leg., ch. 1239, § 9, eff. Sept. 1, 1999.
§ 26.035. FEDERAL GRANTS. The executive director with
the approval of the commission or the executive administrator with
the approval of the board, as applicable under this code or other
laws, may execute agreements with the United States Environmental
Protection Agency or any other federal agency that administers
programs providing federal cooperation, assistance, grants, or
loans for research, development, investigation, training,
planning, studies, programming, and construction related to
methods, procedures, and facilities for the collection, treatment,
and disposal of waste or other water quality control activities.
The commission or board may accept federal funds for these purposes
and for other purposes consistent with the objectives of this
chapter and may use the funds as prescribed by law or as provided by
agreement.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.081, eff.
Sept. 1, 1985.
§ 26.036. WATER QUALITY MANAGEMENT PLANS. (a) The
executive director shall develop and prepare, and from time to time
revise, comprehensive water quality management plans for the
different areas of the state, as designated by the commission.
(b) The executive director may contract with local
governments, regional planning commissions, planning agencies,
other state agencies, colleges and universities in the state, and
any other qualified and competent person to assist in developing
and preparing, and from time to time revising, water quality
management plans for areas designated by the commission.
(c) With funds provided for the purpose by legislative
appropriation, the commission may make grants or interest-free
loans to, or contract with, local governments, regional planning
commissions, and planning agencies to pay administrative and other
expenses of such entities for developing and preparing, and from
time to time revising, water quality management plans for areas
designated by the commission. The period of time for which funding
under this provision may be provided for developing and preparing
or for revising a plan may not exceed three consecutive years in
each instance. Any loan made pursuant to this subsection shall be
repaid when the construction of any project included in the plan is
begun.
(d) Any person developing or revising a plan shall, during
the course of the work, consult with the commission and with local
governments and other federal, state, and local governmental
agencies which in the judgment of the commission may be affected by
or have a legitimate interest in the plan.
(e) Insofar as may be practical, the water quality
management plans shall be reasonably compatible with the other
governmental plans for the area, such as area or regional
transportation, public utility, zoning, public education,
recreation, housing, and other related development plans.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.082, eff.
Sept. 1, 1985; Acts 1999, 76th Leg., ch. 194, § 1, eff. May 24,
1999.
§ 26.037. APPROVAL OF PLANS. (a) The executive
director may approve water quality management plans and revisions
after a public participation opportunity has been provided that at
a minimum meets federal public participation requirements.
Approval of water quality management plans shall be consistent with
applicable state and federal requirements. The commission may
adopt rules governing approval of water quality management plans.
The commission shall provide an opportunity for an interested
person to seek commission review of the executive director's
decision regarding a water quality management plan approval or
revision.
(b) When a water quality management plan has been approved
as provided in this section, the plan may be furnished to the
Federal Environmental Protection Agency or any other federal
official or agency in fulfillment of any federal water quality
management planning requirement specified for any purpose by the
federal government.
(c) The board and the commission may use an approved water
quality management plan or a plan in progress but not completed or
approved in reviewing and making determinations on applications for
permits and on applications for financial assistance for
construction of treatment works.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.083, eff.
Sept. 1, 1985; Acts 1999, 76th Leg., ch. 194, § 2, eff. May 24,
1999.
§ 26.038. FISCAL CONTROL ON WATER QUALITY MANAGEMENT
PLANNING. In administering the program for making grants and loans
to and contracting with local governments, regional planning
commissions, and planning agencies as authorized in Subsection (c)
of Section 26.036 of this code, the commission shall adopt rules and
procedures for the necessary engineering review and supervision,
fiscal control, and fund accounting. The fiscal control and fund
accounting procedures are supplemental to other procedures
prescribed by law.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.084, eff.
Sept. 1, 1985.
§ 26.039. ACCIDENTAL DISCHARGES AND SPILLS. (a) As
used in this section:
(1) "Accidental discharge" means an act or omission
through which waste or other substances are inadvertently
discharged into water in the state.
(2) "Spill" means an act or omission through which
waste or other substances are deposited where, unless controlled or
removed, they will drain, seep, run, or otherwise enter water in the
state.
(3) "Other substances" means substances which may be
useful or valuable and therefore are not ordinarily considered to
be waste, but which will cause pollution if discharged into water in
the state.
(b) Whenever an accidental discharge or spill occurs at or
from any activity or facility which causes or may cause pollution,
the individual operating, in charge of, or responsible for the
activity or facility shall notify the commission as soon as
possible and not later than 24 hours after the occurrence. The
individual's notice to the commission must include the location,
volume, and content of the discharge or spill.
(c) Activities which are inherently or potentially capable
of causing or resulting in the spillage or accidental discharge of
waste or other substances and which pose serious or significant
threats of pollution are subject to reasonable rules establishing
safety and preventive measures which the commission may adopt or
issue. The safety and preventive measures which may be required
shall be commensurate with the potential harm which could result
from the escape of the waste or other substances.
(d) The provisions of this section are cumulative of the
other provisions in this chapter relating to waste discharges, and
nothing in this section exempts any person from complying with or
being subject to any other provision of this chapter.
(e) If an accidental discharge or spill described by
Subsection (b) from a wastewater treatment or collection facility
owned or operated by a local government may adversely affect a
public or private source of drinking water, the individual shall
also notify appropriate local government officials and local media.
(f) The commission by rule shall specify the conditions
under which an individual must comply with Subsection (e) and
prescribe procedures for giving the required notice. The rules
must also state the content of the notice and the manner of giving
notice. In formulating the rules, the commission shall consider:
(1) the nature and extent of the discharge or spill;
(2) the potential effect of the discharge or spill;
and
(3) regional information about the susceptibility of a
particular drinking water source to a specific type of pollution.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.085, eff.
Sept. 1, 1985; Acts 1999, 76th Leg., ch. 208, § 1, eff. Sept. 1,
1999.
§ 26.040. GENERAL PERMITS. (a) The commission may
issue a general permit to authorize the discharge of waste into or
adjacent to waters in the state by category of dischargers in a
particular geographical area of the state or in the entire state if
the dischargers in the category discharge storm water or:
(1) engage in the same or substantially similar types
of operations;
(2) discharge the same types of waste;
(3) are subject to the same requirements regarding
effluent limitations or operating conditions;
(4) are subject to the same or similar monitoring
requirements; and
(5) are, in the commission's opinion, more
appropriately regulated under a general permit than under
individual permits based on commission findings that:
(A) the general permit has been drafted to assure
that it can be readily enforced and that the commission can
adequately monitor compliance with the terms of the general permit;
and
(B) the category of discharges covered by the
general permit will not include a discharge of pollutants that will
cause significant adverse effects to water quality.
(b) The commission shall publish notice of a proposed
general permit in a daily or weekly newspaper of general
circulation in the area affected by the activity that is the subject
of the proposed general permit and in the Texas Register. For a
statewide general permit, the commission shall designate one or
more newspapers of statewide or regional circulation and shall
publish notice of the proposed statewide general permit in each
designated newspaper in addition to the Texas Register. The notice
must include an invitation for written comments by the public to the
commission regarding the proposed general permit and shall be
published not later than the 30th day before the commission adopts
the general permit. The commission by rule may require additional
notice to be given.
(c) The commission may hold a public meeting to provide an
additional opportunity for public comment. The commission shall
give notice of a public meeting under this subsection by
publication in the Texas Register not later than the 30th day before
the date of the meeting.
(d) If the commission receives public comment relating to
issuance of a general permit, the commission may issue the general
permit only after responding in writing to the comments. The
commission shall issue a written response to comments on the permit
at the same time the commission issues or denies the permit. The
response is available to the public and shall be mailed to each
person who made a comment.
(e) A general permit may provide that a discharger who is
not covered by an individual permit may obtain authorization to
discharge waste under a general permit by submitting to the
commission written notice of intent to be covered by the general
permit. A general permit shall specify the deadline for submitting
and the information required to be included in a notice of intent.
A general permit may authorize a discharger to begin discharging
under the general permit immediately on filing a complete and
accurate notice of intent, or it may specify a date or period of
time after the commission receives the discharger's notice of
intent on which the discharger may begin discharging unless the
executive director before that time notifies the discharger that it
is not eligible for authorization under the general permit.
(f) A general permit may authorize a discharger to discharge
without submitting a notice of intent if the commission finds that a
notice of intent requirement would be inappropriate.
(g) Authorization to discharge under a general permit does
not confer a vested right. After written notice to the discharger,
the executive director may suspend a discharger's authority to
discharge under a general permit and may require a person
discharging under a general permit to obtain authorization to
discharge under an individual permit as required by Section 26.027
or other law.
(h) Notwithstanding other provisions of this chapter, the
commission, after hearing, shall deny or suspend a discharger's
authority to discharge under a general permit if the commission
determines that the discharger's compliance history is in the
lowest classification under Sections 5.753 and 5.754 and rules
adopted and procedures developed under those sections. A hearing
under this subsection is not subject to Chapter 2001, Government
Code.
(i) A general permit may be issued for a term not to exceed
five years. After notice and comment as provided by Subsections
(b)-(d), a general permit may be amended, revoked, or canceled by
the commission or renewed by the commission for an additional term
or terms not to exceed five years each. A general permit remains in
effect until amended, revoked, or canceled by the commission or,
unless renewed by the commission, until expired. If before a
general permit expires the commission proposes to renew that
general permit, that general permit remains in effect until the
date on which the commission takes final action on the proposed
renewal.
(j) The commission may through a renewal or amendment
process for a general permit add or delete requirements or
limitations to the permit. The commission shall provide a
reasonable time to allow a discharger covered by the general permit
to make the changes necessary to comply with the additional
requirements.
(k) The commission may impose a reasonable and necessary fee
under Section 26.0291 on a discharger covered by a general permit.
(l) The issuance, amendment, renewal, suspension,
revocation, or cancellation of a general permit or of authority to
discharge under a general permit is not subject to Subchapters C-F,
Chapter 2001, Government Code.
(m) The commission may adopt rules as necessary to implement
and administer this section.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.086, eff.
Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1085, § 1, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1373, § 1, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 965, § 16.07, eff. Sept. 1, 2001.
§ 26.0405. GENERAL PERMITS FOR CERTAIN SEWAGE TREATMENT
AND DISPOSAL SYSTEMS. (a) To the extent not in conflict with
state water quality standards or federal law, the commission shall
issue one or more general permits for the discharge of treated
sewage into or adjacent to water in this state by a sewage treatment
and disposal system if the system:
(1) produces not more than 5,000 gallons of waste each
day;
(2) is in a county with a population of 2.8 million or
more that is an authorized agent under Chapter 366, Health and
Safety Code, and that has:
(A) adopted a resolution under Section 7.352 that
authorizes the county to exercise enforcement power under
Subchapter H, Chapter 7; and
(B) entered into an agreement with the commission
to inspect, investigate, and otherwise monitor compliance with the
permit;
(3) provides sewage treatment and disposal for a
single-family residence for which the commission determines a
connection to an existing or proposed area-wide or regional waste
collection, treatment, and disposal system is not feasible; and
(4) is on a property that:
(A) was subdivided and developed before January
1, 1979; and
(B) is of insufficient size to accommodate
on-site disposal of all wastewater in compliance with Chapter 366,
Health and Safety Code.
(b) A person who discharges under a permit issued under this
section is not required to hold a license or registration under
Section 26.0301.
(c) For a permit issued under this section, the commission
shall for each system:
(1) specify the design, operation, and maintenance
requirements; and
(2) establish the primary and secondary treatment
requirements.
(d) A system for which a permit is issued under this section
is subject to design criteria established under Chapter 366, Health
and Safety Code, and is not subject to design criteria established
under Section 26.034.
Added by Acts 1999, 76th Leg., ch. 256, § 1, eff. May 28, 1999.
Amended by Acts 2001, 77th Leg., ch. 880, § 7, eff. Aug. 27,
2001.
§ 26.041. HEALTH HAZARDS. The commission may use any
means provided by this chapter to prevent a discharge of waste that
is injurious to public health.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.086, eff.
Sept. 1, 1985.
§ 26.042. MONITORING AND REPORTING.
Text of section effective until delegation of NPDES permit
authority
The commission may prescribe reasonable requirements for a
person making waste discharges to monitor and report on his waste
collection, treatment, and disposal activities. When in the
judgment of the commission significant water quality management
benefits will result or water quality management needs justify, the
commission may also prescribe reasonable requirements for any
person or persons making waste discharges to monitor and report on
the quality of any water in the state which the commission has
reason to believe may be materially affected by the waste
discharges.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.087, eff.
Sept. 1, 1985.
For text of section effective upon delegation of NPDES permit
authority, see § 26.042, post
§ 26.042. MONITORING AND REPORTING.
Text of section effective upon delegation of NPDES permit authority
(a) The commission may prescribe reasonable requirements
for a person making discharges of any waste or of any pollutant to
monitor and report on his activities concerning collection,
treatment, and disposal of the waste or pollutant.
(b) The commission may, by regulation, order, permit, or
otherwise require the owner or operator of any source of a discharge
of pollutants into any water in the state or of any source which is
an industrial user of a publicly owned treatment works to:
(1) establish and maintain such records;
(2) make such reports;
(3) sample any discharges in accordance with such
methods, at such locations, at such intervals, and in such manner as
the commission shall prescribe; and
(4) provide such other information relating to
discharges of pollutants into any water in the state or to
introductions of pollutants into publicly owned treatment works as
the commission may reasonably require.
(c) When in the judgment of the commission significant water
quality management benefits will result or water quality management
needs justify, the commission may also prescribe reasonable
requirements for any person or persons making discharges of any
waste or of any pollutant to monitor and report on the quality of
any water in the state which the commission has
