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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 321CONTROL OF CERTAIN ACTIVITIES BY RULE
SUBCHAPTER FSHRIMP INDUSTRY
RULE §321.96Right of Review

(a) The executive director may review available data pertaining to the operation of shrimp facilities. A change in circumstances at a facility may warrant reclassification of the facility under this subchapter or a determination that the facility must obtain a wastewater discharge permit or tie into a POTW. The executive director shall notify the owner of the facility of any such reclassification or determination after which the facility will have 30 days to respond. If no response is made within this 30-day period, the facility must meet the requirements imposed by reclassification, apply for a permit, or tie into a POTW, whichever is appropriate, under a schedule approved by the executive director. The executive director may extend this 30-day period where additional time is shown to be necessary. In the event reclassification would qualify a permitted facility for regulation by rule, the facility may apply for a certificate of registration. Once the facility receives the certificate, it may seek cancellation of its permit.

(b) If a facility with a certificate of registration fails to comply with the terms of this subchapter, the executive director may revoke the certificate or take other enforcement action as provided for in the Texas Water Code, or both.

(c) Facilities classified as small or medium packers shall have the continuing obligation to immediately provide written notice to the executive director of any changes which would reclassify them as large packers or processors.


Source Note: The provisions of this §321.96 adopted to be effective September 18, 1987, 12 TexReg 3045.

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