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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 222SUBSURFACE AREA DRIP DISPERSAL SYSTEMS
SUBCHAPTER BADMINISTRATIVE PROCEDURES
RULE §222.31Application Process

(a) An owner of a subsurface area drip dispersal system shall apply for a permit in accordance with the provisions of this section for any subsurface area drip dispersal system that did not have an application for a subsurface area drip dispersal system permit that had been declared administratively complete or was authorized by a permit in effect at the time of the adoption of these rules.

(b) A permittee who holds a valid permit for a subsurface area drip dispersal system issued prior to July 31, 2006, and who wishes to renew that permit shall apply for a permit according to the requirements of this chapter upon the expiration date of the current permit.

(c) A permittee who holds a valid permit for a subsurface area drip dispersal system issued prior to July 31, 2006, and who wishes to amend that permit shall apply for a permit amendment according to the requirements of this chapter.

(d) Application for a permit shall be made on forms provided by the executive director. Applicants shall comply with §§305.41, 305.43, 305.44, 305.46, and 305.47 of this title (relating to Applicability; Who Applies; Signatories to Applications; Designation of Material as Confidential; and Retention of Application Data).

(e) Upon receiving an administratively complete application for a permit, the executive director shall:

  (1) inspect the location of the proposed subsurface area drip dispersal system to evaluate the local conditions and the probable effect of the subsurface area drip dispersal system;

  (2) forward a copy of the permit application to the Department of State Health Services for the purpose of soliciting comments on the application; and

  (3) allow 30 days for the Department of State Health Services to submit comments on the permit application.

(f) The applicant shall submit an application that demonstrates compliance with the technical requirements set forth in this chapter and shall demonstrate compliance with the requirements of Subchapter C of this chapter (relating to Siting Requirements and Effluent Limitations).

(g) The applicant shall include the site preparation plan in the permit application packet. The site preparation plan shall comply with the requirements of §222.75 of this title (relating to Site Preparation Plan).

(h) The applicant shall provide such additional information in support of the application as may be necessary, as determined by the executive director, for an adequate technical review of the application.

(i) Each applicant and permittee shall comply with §305.61 and §§305.63 - 305.68 of this title (relating to Applicability; Renewal; Transfer of Permits; Permit Denial; Suspension and Revocation; Revocation and Suspension Upon Request or Consent; and Action and Notice on Petition for Revocation or Suspension).

(j) The permittee must file the application for renewal of an existing permit no later than 180 days before the expiration date of the current permit. Upon request, the executive director may grant an exception to this requirement, but in no case may the executive director grant permission for applications to be submitted later than the expiration date of the existing permit.

(k) Except as provided in §222.33(b) of this title (relating to Public Notice), notice, public comment, and hearing on applications shall be conducted in accordance with commission rules governing individual permits issued under Texas Water Code, Chapter 26. Each permittee shall comply with §305.125 of this title (relating to Standard Permit Conditions).

(l) A permittee who holds a valid permit for a subsurface area drip dispersal system under Texas Water Code, Chapter 26 issued prior to July 31, 2006, may apply for and be granted a variance from the site requirements and design criteria in this chapter, if the subsurface area drip dispersal system is:

  (1) not in need of repair;

  (2) not causing pollution as determined by the executive director;

  (3) not causing soil saturation or a build-up of waterborne constituents within the soil;

  (4) not prohibited by §213.8 of this title (relating to Prohibited Activities);

  (5) not prohibited by §331.8 of this title (relating to Prohibition of Motor Vehicle Waste Disposal Wells and Large Capacity Cesspools); and

  (6) the permittee is not a poor performer or repeat violator as defined in §60.3(a) of this title (relating to Use of Compliance History) or has other compliance history issues that may indicate the lack of ability of the permittee to comply with the permit and commission rules.

(m) The executive director may grant a period of up to three years, in accordance with §305.127(3)(A) of this title (relating to Conditions to be Determined for Individual Permits) to meet the requirements that were the basis for a denial of a variance to a permittee that applies for and is denied a variance, provided that the system meets the requirements in subsection (l) of this section.


Source Note: The provisions of this §222.31 adopted to be effective July 5, 2006, 31 TexReg 5308

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