| (a) The executive director shall issue a final determination
within 60 days from the date the draft permit is mailed by the Regional Administrator,
EPA, as required by 40 Code of Federal Regulations §124.53, unless the
executive director in consultation with the Regional Administrator finds that
unusual circumstances require a longer time. The executive director shall
send notice of the decision to deny, grant, grant conditionally, or waive
the certification, and a copy of the certification (if granted), to the applicant,
the regional administrator, and any person so requesting. The notification
shall be in writing and shall include:
(1) the name and address of the applicant;
(2) conditions that are necessary to assure compliance with
the applicable provisions of the federal CWA, §§208(e), 301, 302,
303, 306, and 307, and with appropriate requirements of state law;
(3) when the agency certifies a draft permit instead of a permit
application, any condition required to assure compliance with the provisions
of the federal CWA, §§208(e), 301, 302, 303, 306, and 307, and with
appropriate requirements of state law shall be identified citing the federal
CWA or state statutes upon which that condition is based; and
(4) a statement of the extent to which each condition of the
draft permit can be made less stringent without violating the requirements
of state law, including water quality standards.
(b) The executive director shall not condition or deny an NPDES
certification on the grounds that state law allows a less stringent permit
condition.
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| Source Note: The provision of this §279.10 adopted to be effective July 22, 1987, 12 TexReg 2187; amended to be effective July 13, 1995, 20 TexReg 4693; amended to be effective October 4, 2001, 26 TexReg 7569 |
