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RULE §205.2Purpose and Applicability

(a) The commission may issue a general permit to authorize the discharge of waste into or adjacent to water in the state by category if the commission finds the discharges in the category are storm water or the dischargers in the category:

  (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 more appropriately regulated under a general permit than under individual permits, on the basis that both:

    (A) the general permit can be readily enforced and the executive director can adequately monitor compliance with the terms of the general permit; this requirement being satisfied if the provisions of the general permit are clear and unambiguous and it requires adequate monitoring, recordkeeping, and reporting, appropriate to the type of activity authorized; 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 surface or groundwater quality.

(b) The commission may issue a general permit to authorize the discharge of waste by categories of dischargers designated under subsection (a) of this section either within the entire state or within a discrete geographical area identified by an appropriate division or combination of geographic or political boundaries.

  (1) General permits granted for discrete geographical areas may be based upon, but not limited to, factors such as related water quality standards, climatological conditions, and watershed specific standards in accordance with Chapter 311 of this title (relating to Watershed Protection).

  (2) Discharges to be regulated with effluent limitations specific to a particular water body may be covered under a general permit limited to a particular watershed or geographical area.

(c) Authorization to discharge under a general permit does not confer a vested right.

(d) Where sources within a specific category or subcategory of dischargers are subject to water quality-based limits imposed under Chapter 307 of this title (relating to Texas Surface Water Quality Standards), the sources in that specific category or subcategory shall be subject to the same water quality-based effluent limitations in Chapter 307.

Source Note: The provisions of this §205.2 adopted to be effective June 21, 1998, 23 TexReg 6227; amended to be effective September 13, 2000, 25 TexReg 8862; amended to be effective August 15, 2002, 27 TexReg 7143

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