(a) Any person who requests a permit or who requests
an amendment, modification, or renewal of a permit for treated marine
seawater discharges or off-shore discharges shall complete, sign,
and submit an application to the executive director according to the
requirements of this chapter. A permittee shall keep records of data
used to complete the final application and any supplemental information
throughout the term of the permit.
(b) It is the duty of the owner of a facility to submit
an application for a permit. However, if the facility is owned by
one person and operated by another, it is the duty of the operator
and the owner to jointly submit an application for a permit.
(c) Only one application needs to be filed for each
geographical location from which treated marine seawater or wastewater
is discharged, even though there may be more than one outfall requested
in the application.
(d) The original and three copies of the permit application
shall be submitted on forms provided by or approved by the executive
director, and shall be accompanied by a like number of copies of all
technical supplements and attachments.
(e) All applications shall be signed in accordance
with §305.44 of this title (relating to Signatories to Applications).
(f) Each application for a permit must include the
following:
(1) the name, mailing address, and location of the
facility for which the application is submitted;
(2) the ownership status as federal, state, private,
public, or other entity;
(3) the applicant's name, mailing address, email address,
and telephone number;
(4) a topographic map, ownership map, county highway
map, or a map prepared by a Texas licensed professional engineer,
Texas licensed professional geoscientist, or a registered surveyor
which shows the facility and each of its intake and outfall structures.
Maps must be of material suitable for a permanent record, and shall
be on sheets 8-1/2 inches by 11 inches or folded to that size, and
shall be on a scale of not less than one inch equals one mile. The
map shall depict the approximate boundaries of the tract of property
owned or to be used by the applicant and shall extend at least one
mile beyond the tract boundaries sufficient to show the following:
(A) each well, spring, and surface water body or other
water in the state within the map area;
(B) the general character of the areas adjacent to
the facility, including public roads, towns and the nature of development
of adjacent lands such as residential, commercial, agricultural, recreational,
undeveloped, and so forth; and
(C) the location of any waste disposal activities conducted
on the tract not included in the application;
(5) a supplementary technical report submitted in connection
with an application. The report must be prepared either by a Texas
licensed professional engineer, a Texas licensed professional geoscientist,
or by a qualified person who is competent and experienced in the field
to which the application relates and thoroughly familiar with the
proposed marine seawater desalination project. The report must include
the following:
(A) a general description of the facilities and systems
used for or in connection with the intake, collection, transportation,
and treatment of marine seawater and the storage, transportation,
and discharge of treated marine seawater and wastewater; and
(B) for each outfall:
(i) the volume and rate of the discharge of treated
marine seawater and wastewater, including daily average flow, daily
maximum flow, and detailed information regarding patterns of discharge;
and
(ii) the chemical, physical, thermal, organic, bacteriological,
or radiological properties or characteristics of the wastewater, as
applicable, described in enough detail to allow evaluation of the
water and environmental quality considerations involved; and
(6) the applicant shall provide other information as
reasonably may be required by the executive director for an adequate
understanding of the project, and which is necessary to provide the
commission an adequate opportunity to ascertain whether the facility
will be constructed and operated in compliance with all pertinent
state and federal statutes.
(g) If the applicant is an individual, the application
shall contain:
(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 Texas Business and Commerce Code, Chapter 36.
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