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RULE §210.59Executive Director Denial or Suspension Authorization

(a) The executive director may deny or suspend an authorization request to use industrial reclaimed water under this subchapter based on potential or actual adverse impact to the environment or on close proximity to a public park, school, recreational area, spring, aquifer, water supply well, surface water supply intake, water treatment plant intake, potable water storage facility, sewage treatment plant, or other location of concern. A determination of potential adverse impact may arise from consideration of such factors as, but not limited to, proposed flow rate, production rate, industrial reclaimed water quality, nature of the groundwater, soils, or geology of the disposal area. In making a determination of potential adverse impacts, the executive director may also consider such other factors, as he deems appropriate.

(b) The following requirements apply to suspensions of authorizations.

  (1) The suspension issued under this subchapter will include a statement that requires the executive director to provide written notice to a person stating that the executive director intends to suspend a person's authority to use reclaimed water under the authorization, including:

    (A) a brief statement of the basis for this decision under this subsection;

    (B) a statement by the executive director of whether the person shall immediately cease the use of industrial reclaimed water; and

    (C) a deadline for obtaining authorization under Texas Water Code (TWC), Chapter 26.

  (2) The executive director may require the person whose authorization to use reclaimed water is suspended to apply for and obtain an individual permit.

  (3) The executive director may suspend authorization to use industrial reclaimed water under an existing authorization issued under this subchapter for the following reasons:

    (A) the quantity of industrial reclaimed water used, the type of waste or reclaimed water, or the type of operation does not comply with this chapter;

    (B) the use, irrigation, or discharge causes a violation of the Texas Surface Water Quality Standards; or

    (C) the wastewater used as industrial reclaimed water contains pollutants that cause or contribute to significant adverse effects on water quality. In making this determination, the executive director shall consider the following factors:

      (i) the location of the end use for industrial reclaimed water;

      (ii) the volume of wastewater used as industrial reclaimed water;

      (iii) the quantity and nature of pollutants contained in the wastewater used as industrial reclaimed water;

      (iv) whether the use of industrial reclaimed water would adversely affect groundwater quality, inconsistent with the policy specified in TWC, §26.401; and

      (v) other factors relating to the protection of water quality.

(c) The compliance history of the producer, provider, and user will be evaluated prior to approval of any Level II authorization under this subchapter. Authorization may be suspended or denied or additional requirements may be established based on the evaluation of compliance history as outlined in Chapter 60 of this title (relating to Compliance History).

Source Note: The provisions of this §210.59 adopted to be effective December 11, 2002, 27 TexReg 11611

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