| (a) Application Requirements.
(1) The applicant must provide the executive director
with a list of users and the type of use(s) for each user. For users
that propose to use the reclaimed water for irrigation, the list must
include the acreage and crop(s) irrigated for each irrigation area.
(2) The applicant must provide the executive director
with a map showing the location of the water use sites at a scale
specified by the executive director.
(3) The applicant must submit all water use data used
to calculate firm reclaimed water demand.
(4) The executive director may request additional information
as may be necessary for an adequate technical review of the application.
(5) For permits issued prior to the effective date
of this subchapter, the permittee must apply for a permit amendment
under Chapter 305 of this title (relating to Consolidated Permits)
for approval of a new or approval of a change to an existing beneficial
reuse credit.
(b) General Requirements.
(1) An applicant must receive authorization required
by Chapter 210 of this title (relating to Use of Reclaimed Water)
before applying for a beneficial reuse credit. The executive director
may waive this requirement for a new facility if the executive director
finds that the application contains all information required by §309.23
of this title (relating to Demonstrating Firm Reclaimed Water Demand).
If a beneficial reuse credit is granted for a new facility, the permit
must include:
(A) the requirements and conditions that apply to the
regulated activity without considering the beneficial reuse credit,
applicable from the date of permit issuance until the permittee receives
authorization for reclaimed water use under Chapter 210 of this title;
and
(B) the requirements and conditions that apply after
the permittee receives authorization for reclaimed water use under
Chapter 210 of this title.
(2) A permittee and, to extent applicable, a user must
maintain authorization under Chapter 210 of this title during the
term of the Texas Land Application Permit.
(3) The term of a permit that includes a beneficial
reuse credit may not exceed five years.
(4) A permit that includes a beneficial reuse credit
must include limits for both the permitted flow and the land application
flow. The land application flow limit must be equal to the permitted
flow limit minus the beneficial reuse credit.
(5) A permittee that is granted a beneficial reuse
credit shall have a contractual agreement to dispose of unused treated
effluent on an emergency basis, using the pump-and-haul method or
another method approved by the executive director. The permittee shall
use the contracted disposal method if all of the following conditions
are met:
(A) a user of reclaimed water no longer needs the reclaimed
water;
(B) a new user has not been contracted to accept the
reclaimed water;
(C) the permitted facility does not have adequate capacity
to store the unused reclaimed water; and
(D) additional application to the permitted land application
area would exceed the permitted application rate or is otherwise prohibited
by the permit.
(6) A permittee that is granted a beneficial reuse
credit must meet a minimum of Type II effluent quality as described
in §210.33 of this title (relating to Quality Standards for Using
Reclaimed Water).
(c) Reporting Requirements.
(1) If the users or the irrigation areas change, the
permittee must provide the executive director with an updated list
of users and irrigations areas within 30 days after the change. A
change in user or area is not an amendment to the permit.
(2) A permittee that is granted a beneficial reuse
credit shall submit the following to the executive director by September
30th of each year for the reporting period of September 1st to August
31st:
(A) monthly data on the amount of reclaimed water used
by each user;
(B) the type of water use(s) for each user;
(C) the acreage of each irrigation site, if applicable;
(D) the crop(s) irrigated at each irrigation site,
if applicable;
(E) a recalculation of the beneficial reuse credit;
and
(F) the total nitrogen concentration of the effluent.
(3) If the recalculated beneficial reuse credit submitted
in the annual report is reduced, the executive director may require
a permit amendment.
(4) The total nitrogen concentration of the effluent
shall be tested quarterly by grab sample for the first year of the
permit term, after which the frequency for testing may be reduced
to annually upon approval by the executive director.
(5) The permittee shall submit monthly effluent reports
to the executive director in accordance with the effluent limitations
and monitoring requirements of the permit.
(6) The executive director may require additional limitations
or more frequent testing on a case-by-case basis.
|
