| (iv) sample or monitor any substance or parameter for
the purpose of assuring compliance with the permit or as otherwise
authorized by the Texas Water Code, §27.071, or the Texas Natural
Resources Code, §91.1012.
(J) Schedule of compliance: The permit shall, when
appropriate, specify a schedule of compliance leading to compliance
with all provisions of this subchapter and Chapter 3 of this title.
If the time necessary for completion of any interim requirement is
more than one year and is not readily divisible into stages for completion,
the permit shall specify interim dates for the submission of reports
of progress toward completion of the interim requirements and indicate
a projected completion date.
(i) Any schedule of compliance shall require compliance
as soon as possible, and in no case later than three years after the
effective date of the permit.
(ii) If the schedule of compliance is for a duration
of more than one year from the date of permit issuance, then interim
requirements and completion dates (not to exceed one year) must be
incorporated into the compliance schedule and permit.
(iii) Progress reports must be submitted no later than
30 days following each interim date and the final date of compliance.
(K) Modification, revocation and reissuance, or termination.
This permit may be modified, revoked and reissued, or terminated for
cause. The filing of a request by the permittee for a permit modification,
revocation and reissuance, or termination, or a notification of planned
changes or anticipated noncompliance, does not stay any permit condition.
(L) Signatory requirement. All applications, reports,
or information shall be signed and certified.
(M) Reporting requirements.
(i) Planned changes. The permittee shall give notice
to the director as soon as possible of any planned physical alterations
or additions to the permitted facility.
(ii) Anticipated noncompliance. The permittee shall
give advance notice to the director of any planned changes in the
permitted facility or activity which may result in noncompliance with
permit requirements.
(iii) Transfers. This permit is not transferable to
any person except after notice to and approval by the director. The
director may require modification or revocation and reissuance of
the permit to change the name of the permittee and incorporate such
other requirements as may be necessary under the SDWA.
(iv) Monitoring reports. Monitoring results shall be
reported at the intervals specified elsewhere in this permit.
(v) Compliance schedules. Reports of compliance or
noncompliance with, or any progress reports on, interim and final
requirements contained in any compliance schedule of this permit shall
be submitted no later than 30 days following each schedule date.
(vi) Twenty-four hour reporting. The permittee shall
report any noncompliance which may endanger health or the environment.
Any information shall be provided orally to the director within 24
hours from the time the permittee becomes aware of the circumstances.
A written submission shall also be provided to the director within
five days of the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance
and its cause, the period of noncompliance, including exact dates
and times, and if the noncompliance has not been corrected, the anticipated
time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance. The permittee
shall report any noncompliance which may endanger health or the environment
including:
(I) any monitoring or other information which indicates
that any contaminant may cause an endangerment to a USDW; and
(II) any noncompliance with a permit condition or malfunction
of the injection system which may cause fluid migration into or between
USDWs.
(N) Other information. Where the permittee becomes
aware that it failed to submit any relevant facts in a permit application,
or submitted incorrect information in a permit application or in any
report to the director, it shall promptly submit such facts or information.
(O) Other noncompliance. The permittee shall report
all instances of noncompliance not reported under subsection (e) of
this section, subparagraphs (J) and (M) of this paragraph, and §5.207(a)(2)(A)
of this title at the time monitoring reports are submitted. Any information
shall be provided orally to the director within 24 hours from the
time the permittee becomes aware of the circumstances. A written submission
shall also be provided to the director within five days of the time
the permittee becomes aware of the circumstances. The written submission
shall contain a description of the noncompliance and its cause, the
period of noncompliance, including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time it is expected
to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance. The reports required by
this subparagraph shall contain the following information:
(i) any monitoring or other information which indicates
that any contaminant may cause an endangerment to a USDW; and
(ii) any noncompliance with a permit condition or malfunction
of the injection system which may cause fluid migration into or between
USDWs.
(P) Incorporation of requirements in permits. New permits,
and to the extent allowed under §5.202 of this title modified
or revoked and reissued permits, shall incorporate each of the applicable
requirements referenced in this section. An applicable requirement
is a State statutory or regulatory requirement that takes effect prior
to final administrative disposition of the permit. An applicable requirement
is also any requirement that takes effect prior to the modification
or revocation and reissuance of a permit, to the extent allowed in §5.202
of this title.
(Q) Compliance with SWDA and related regulations. In
addition to conditions required in all permits, the director shall
establish conditions in permits as required on a case-by-case basis
to provide for and assure compliance with all applicable requirements
of the SWDA and 40 CFR Parts 144, 145, 146 and 124.
|
| Source Note: The provisions of this §5.206 adopted to be effective December 20, 2010, 35 TexReg 11202; amended to be effective July 2, 2012, 37 TexReg 4899; amended to be effective September 19, 2022, 47 TexReg 5797; amended to be effective September 11, 2023, 48 TexReg 5022 |
