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RULE §279.10Final Agency Action on National Pollutant Discharge Elimination System (NPDES) Permits

(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.

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

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