| (a) State agencies and subdivisions with authority
to manage NPS pollution shall cooperate in the development and implementation
of a coordinated program to reduce NPS pollution in order to restore
and protect coastal waters.
(b) In an area that the TSSWCB identifies as having
or having the potential to develop agricultural or silvicultural NPS
water quality problems or an area within the coastal zone, the TSSWCB
shall establish a water quality management plan certification program
that provides, through the local soil and water conservation district,
for the development, supervision, and monitoring of voluntary individual
water quality management plans for agricultural and silvicultural
lands. Each plan must be developed, maintained, and implemented
under rules and criteria adopted by the TSSWCB and discharges under
such a plan may not cause a violation of state water quality standards
established by the TCEQ. The TSSWCB's rules shall certify a plan that
satisfies the TSSWCB rules and criteria and discharges which do not
cause a violation of state water quality standards established by
the TCEQ. This policy is not intended, nor shall it be interpreted,
to require the TSSWCB to establish non-voluntary requirements for
the development, maintenance, or implementation of individual water
quality management plans.
(c) TCEQ rules under Texas Health and Safety Code,
Chapter 366, governing on-site sewage disposal systems, and TCEQ rules
under Texas Water Code, Chapter 26, Subchapter I, governing underground
storage tanks, shall require that on-site disposal systems and underground
storage tanks be located, designed, operated, inspected, and maintained
so as to prevent releases of pollutants that may adversely affect
coastal waters.
(d) This policy shall not be interpreted or applied
so as to require that either a National Pollution Discharge Elimination
System (NPDES) permit for stormwater discharges issued under the Clean
Water Act, §402(p), or an NPDES permit for a concentrated animal
feeding operation, requiring no discharge up to and including a 25-year,
24-hour frequency storm, provide additional NPS pollution control
measures in addition to those required in the permit.
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| Source Note: The provisions of this §26.22 adopted to be effective October 6, 2004, 29 TexReg 9407; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301 |
