| (D) denies approval of a submitted groundwater conservation
district management plan;
(E) receives a revised version of a groundwater conservation
district management plan within the 180-day response period;
(F) fails to receive a revised version of a groundwater
conservation district management plan at the expiration of the 180-day
response period;
(G) receives documentation that a district has appealed
the Executive Administrator's management plan approval decision to
the TWDB, or a district has appealed TWDB's final decision to a district
court in Travis County; or
(H) receives notice that final action by the TWDB or
a district court in Travis County has been completed.
(3) The Executive Director of the TCEQ will provide
written notice to the Executive Administrator of the TWDB when non-compliance
review and oversight actions are taken against a groundwater conservation
district. The Executive Director will provide notice when:
(A) initial notification-of-violation to a non-compliant
district is issued;
(B) favorable actions are taken by a district and the
district has voluntarily come into compliance;
(C) formal enforcement action has been initiated;
(D) the Executive Director’s Preliminary Report
is filed with the TCEQ’s Chief Clerk;
(E) final enforcement action has been taken by the
commission; and
(F) required follow-up investigative activities are
taken by the TCEQ in accordance with §36.306 of the Texas Water
Code.
(4) Either party to this MOA can substitute the individual
notifications identified in paragraphs (1) - (3) of this subsection
with monthly notices to the other parties of all actions taken in
the previous thirty (30) days. These notices may be transmitted as
up-to-date and accurate reports from a database maintained by the
party.
(5) Both parties agree to:
(A) meet as needed to coordinate and maintain an efficient
district performance review process;
(B) allow interagency access and review of applicable
files relating to processing of a management plan by the TWDB, processing
of an enforcement action by the TCEQ, or related file information
pertaining to the responsibilities of the agencies;
(C) share any groundwater conservation district financial
reports that may have been voluntarily submitted to an agency;
(D) provide full disclosure of related activities in
the biennial legislative report required under §35.018 of the
Texas Water Code; and
(E) identify the agency contact person and mailing
address for the formal communications specified by this MOA, along
with periodic update of the contact information, as necessary.
(e) General conditions.
(1) Term of MOA. The term of this MOA shall be from
the effective date until termination or amendment of this MOA.
(2) Effective date. This MOA, and any subsequent amendment,
shall become effective immediately after the date on which the TCEQ
Executive Director and the TWDB Executive Administrator sign the document,
which ever date is later.
(3) Amendment of MOA. This MOA may be amended by mutual
agreement of the two parties in accordance with applicable law. Any
amendment of this MOA will become effective immediately after the
date on which the TCEQ Executive Director and the TWDB Executive Administrator
sign the amended document, which ever date is later.
(4) Termination of MOA. This MOA may be terminated
by either party upon thirty days written notice. The termination of
this MOA will become effective thirty days after notice is received
by the other party.
(5) Authority. By signing this MOA, the signatories
acknowledge that they are acting upon proper authority from their
governing bodies.
(6) Notices. Any notices required by this MOA to be
in writing shall be addressed to the respective party as follows:
(A) Executive Director, Texas Commission on Environmental
Quality, Attn: Todd Chenoweth, P. O. Box, 13087, Austin, TX 78711-3231;
(B) Executive Administrator, Texas Water Development
Board, Attn: Bill Mullican, P.O. Box 13231, Austin, TX 78711-3231;
and
(C) The identified contact person may be revised as
necessary, in accordance with provision (d)(5)(E) of this MOA.
(f) Dated September 17, 2007.
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