| (a) National Pollutant Discharge Elimination System (NPDES)
permits. No person may conduct any activity under federal permit or license
that may result in any discharge into or adjacent to water in the state unless
the person has received a certification or waiver under this chapter. The
regional administrator or the permit applicant may submit a request for certification.
(1) If state certification has not been received by the time
the draft NPDES permit is prepared, the regional administrator shall, pursuant
to 40 Code of Federal Regulations §124.53, submit to the executive director:
(A) a copy of a draft permit; and
(B) a request for certification.
(2) If the permit applicant requests certification of the NPDES
permit application, he shall submit to the executive director:
(A) a copy of the completed NPDES permit application and any
amendments thereto;
(B) a list on a map or on a separate sheet attached to a map
of the names and addresses of owners of tracts of land adjacent to the site
to be permitted; and
(C) a request for certification.
(3) The executive director may elect to delay acting upon a
request for certification until the draft NPDES permit is prepared and notice
thereof has been issued.
(b) Department of the Army permits. No person may conduct any
activity under federal permit or license that may result in any discharge
into or adjacent to water in the state unless the person has received a certification
or waiver under this chapter. The district engineer or the permit applicant
may submit a request for certification.
(1) If state certification is requested by the district engineer,
he shall, pursuant to 33 Code of Federal Regulations §325.2(b)(ii), submit
to the executive director:
(A) a copy of the public notice;
(B) a request for certification; and
(C) a copy of the complete permit application upon request.
(2) If the permit applicant requests certification, he shall
submit to the executive director:
(A) a copy of the completed permit application and any amendments
thereto;
(B) a list on a map or on a separate sheet attached to a map
of the names and addresses of owners of tracts of land adjacent to the site
to be permitted; and
(C) a request for certification.
(3) The executive director may elect to delay acting on a request
for certification until after a review of a final permit decision document.
(c) Other federal licenses or permits. For those federal licenses
or permits issued by federal agencies other than the EPA or the Department
of the Army that may result in any discharge into or adjacent to water in
the state, the permittee must receive certification or waiver under this chapter
prior to conducting any permitted activity.
(1) If state certification is requested by the federal agency,
that agency shall submit to the executive director:
(A) a copy of the public notice;
(B) a request for certification; and
(C) a copy of the complete permit application upon request.
(2) If the permit applicant requests certification, he shall
submit to the executive director:
(A) a copy of the completed permit application and any amendments
thereto;
(B) a list on a map or on a separate sheet attached to a map
of the names or addresses of owners of tracts of land adjacent to the site
to be permitted; and
(C) a request for certification.
(3) The executive director may elect to delay acting on a request
for certification until the licensing or permitting agency publishes notice
of the application and/or the executive director has reviewed the draft permit.
(d) Review of application for certification. Where the executive
director believes more information is required in order to accomplish the
review of the request for certification, he shall notify the applicant or
licensing or permitting agency and request the information.
(e) Submission of additional materials. The applicant shall
submit in timely fashion, at any time during the review process, additional
materials that the executive director finds to be necessary for review of
the application. In no case will the applicant have less than 30 days to submit
the information.
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| Source Note: The provision of this §279.4 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 |
