| (a) Any operator of an animal feeding operation (AFO)
who is required to operate under an individual water quality permit
by the Texas Water Code, the executive director, or this subchapter
shall submit an application in accordance with Chapter 281 of this
title (relating to Applications Processing) and Chapter 305 of this
title (relating to Consolidated Permits). The applicant shall provide
such additional information in support of the application as may be
necessary for the executive director to carry out an adequate administrative
and technical review of the application.
(b) Applicants shall comply with §§305.41,
305.43, 305.44, and 305.47 of this title (relating to Applicability;
Who Applies; Signatories to Applications; and Retention of Application
Data) and §1.5(d) of this title (relating to Records of the Agency).
Except as provided in subsection (c) of this section, §§305.61
- 305.68 of this title (relating to Applicability; Amendments; 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) apply to applications for water quality
permits. Notice, public comment, and contested case hearings on applications
shall be conducted in accordance with commission rules governing applicable
individual water quality permit applications.
(1) Any permittee with an issued and effective individual
water quality permit shall submit an application for renewal of the
permit in accordance with the requirements of Chapter 281 and Chapter
305 of this title, or shall submit a notice of intent (NOI) for a
concentrated animal feeding operation (CAFO) general permit in accordance
with the requirements of the CAFO general permit.
(2) If an individual water quality permit application
is submitted before the expiration date of the existing authorization,
the terms and conditions of the existing permit continues in effect
until final commission action on the permit application. An authorization
under the general permit will be renewed in accordance with the requirements
in the general permit and this subchapter.
(3) A CAFO owner or operator who submits an NOI for
a CAFO general permit authorization or is authorized under the CAFO
general permit shall comply with the public participation process
detailed in the CAFO general permit.
(4) The executive director may renew an application
for an individual water quality permit for a state-only CAFO without
a contested case hearing if the application qualifies for the exception
in Texas Water Code, §26.028(d) or if the operation is not a
major source as defined under Chapter 116 of this title (relating
to Control of Air Pollution by Permits for New Construction or Modification).
Renewal under this paragraph is allowed only if there has been no
related formal enforcement action against the facility during the
last 36 months of the term of the individual water quality permit
in which the commission determined that:
(A) a violation occurred that contributed to pollution
of surface or groundwater, or an unauthorized discharge occurred,
or a violation of §101.4 of this title (relating to Nuisance)
occurred, or any violation of an applicable state or federal air quality
control requirement occurred;
(B) such discharge or air emission was within the reasonable
control of the permittee; and
(C) such discharge or air emission could have been
reasonably foreseen by the permittee.
(5) For any application for renewal within an area
specified in §321.32(19) of this title (relating to Definitions),
the executive director will conduct an annual compliance inspection
within 12 months of the date the executive director declares the application
administratively complete.
(c) An operator shall submit a complete application
within 90 days of notification from the executive director that an
individual water quality permit is required under §321.33(b)(5)
of this title (relating to Applicability and Required Authorizations).
(d) Permittees may amend their individual water quality
permits in accordance with §305.62 of this title and §321.33(g)
of this title and must include all requested changes to the individual
water quality permit application. The executive director will process
a permit amendment application in accordance with all applicable requirements
in Chapter 281 and Chapter 305 of this title.
(e) Any operator of an AFO who files an application
for an individual water quality permit under this subchapter, or an
amendment in accordance with §321.33(h) of this title, shall
submit a complete application to the executive director, according
to the provisions of this section including any other information
as the executive director or the commission may require.
(f) Applications for an individual water quality permit
under this section shall be made on forms prescribed by the executive
director. The applicant shall submit an original completed application
with attachments to the executive director at the commission headquarters
in Austin, and one additional copy of the application with attachments
to the appropriate commission regional office. At a minimum, the executive
director will require the following information to be submitted, as
it is applicable to the facility:
(1) information specified in §305.45 of this title
(relating to Contents of Application for Permit);
(2) information specified in 40 Code of Federal Regulations
(CFR) §122.21(i)(1), relating to application for a permit for
a CAFO;
(3) a recharge feature certification, signed and sealed
by a licensed Texas professional engineer, or a licensed Texas professional
geoscientist, documenting the absence or presence of any natural or
artificial recharge features identified on any tracts of land owned,
operated, controlled, rented, or leased by the applicant and to be
used as a part of a CAFO or land management unit. The recharge feature
certification shall be developed in accordance with this subsection
and the executive director's guidance, RG-433 Guidelines for Identifying
and Protecting Aquifer Recharge Features. Use of the forms provided
in RG-433 is optional.
(A) A water quality management plan certified by the
Texas State Soil and Water Conservation Board for a dry litter poultry
facility that evaluates site-specific recharge characteristics and
management practices of the operation will meet the recharge feature
certification requirement of this paragraph.
(B) If the recharge feature certification identifies
the presence of recharge features the applicant shall have protective
measures developed, signed, and sealed by a licensed Texas professional
engineer, or licensed Texas professional geoscientist, as appropriate
and in conformance with the Texas Engineering Practice Act and the
Texas Geoscience Practice Act and the licensing and registration boards
under these acts. The permittee must implement the protective measures.
The protective measures must prevent impacts to the aquifer from any
recharge features present. The protective measures must include at
least one of the following:
(i) measures to protect each located recharge feature,
such as impervious cover, berms, buffer zones, or other equivalent
protective measures;
(ii) a detailed groundwater monitoring plan which requires
annual groundwater sampling from representative wells and the groundwater
analyzed for chlorides, nitrates, and total dissolved solids; or
(iii) provisions for any other similar method or approach
demonstrated by the applicant to be protective of any associated recharge
feature and approved by the commission.
(4) any information required by §321.43 of this
title (relating to Air Standard Permit for Animal Feeding Operations
(AFOs)) to document compliance with the air standard permit.
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| Source Note: The provisions of this §321.34 adopted to be effective July 13, 1995, 20 TexReg 4719; amended to be effective September 18, 1998, 23 TexReg 9354; amended to be effective July 27, 1999, 24 TexReg 5721; amended to be effective March 6, 2002, 27 TexReg 1511; amended to be effective July 15, 2004, 29 TexReg 6652; amended to be effective July 31, 2014, 39 TexReg 5786 |
