| (i) Maintain each party's existing level of effort
required by the EPA for the implementation of Federal Clean Water
Act §319 projects.
(ii) Communicate and coordinate directly with each
other and the EPA on matters relating to project planning and implementation
of nonpoint source pollution projects funded by Federal Clean Water
Act §319.
(iii) Provide required reports to the EPA on nonpoint
source pollution project activities. Reports will include status of
project implementation, summary of information/education activities,
monitoring activities, and other outputs satisfactory to EPA.
(iv) Meet annually to review and discuss the state's
nonpoint source water quality program and to refine agency coordination
mechanisms.
(v) Work together to develop and implement water quality
management programs that satisfy State water quality standards as
established by the Commission.
(vi) Comply with all relevant state and federal rules
and regulations; and grant conditions, including financial audits,
data quality assurance, quality control, and progress reports.
(vii) Cooperate on activities related to the implementation
of the "Texas State Management Plan for Prevention of Pesticide Contamination
of Groundwater."
(viii) Coordinate on inspection and enforcement activities
relating to animal feeding operations (AFOs) authorized under 30 TAC §321.47
or a WQMP certified by the Board in accordance with Texas Agriculture
Code §201.026(g) for the protection of water quality in the State.
(ix) Coordinate on inspection and enforcement activities
for the protection of water quality in the State relating to dry litter
poultry concentrated animal feeding operations (CAFOs) authorized
under 30 TAC Chapter 321 and a Board certified WQMP.
(x) Cooperate to establish protocols for the coordination
of activities related to complaint response, compliance inspections,
and enforcement of AFOs and CAFOs operating under a Board certified
WQMP.
(xi) Conduct interagency meetings annually with regional
office staff of both agencies to review and update the AFO and dry
litter poultry CAFO complaint/referral process and to refine agency
coordination procedures.
(3) Coordination on Dry Litter Poultry CAFOs:
(A) The Board is the lead agency and has primary responsibility
for complaint investigations and compliance inspections to determine
if a dry litter poultry CAFO meets the requirements of a Board certified
WQMP and CAFO regulations.
(B) The Board shall perform a number of dry litter
poultry CAFO compliance inspections to be negotiated annually with
the Commission. The Board will provide documentation of such activities
to the Commission on a quarterly basis.
(C) For any dry litter poultry CAFO operating under
a Board certified WQMP, the Board shall investigate in a timely manner
all water quality complaints and the first odor complaint where none
has been received by either the Commission or the Board within the
previous twelve (12) months.
(D) The Commission shall investigate within eighteen
(18) hours the second and all subsequent odor complaints for a rolling
twelve (12) month period at any dry litter poultry CAFO operating
under a Board certified WQMP.
(E) The Board shall refer to the Commission for possible
enforcement action violations at dry litter poultry CAFOs regardless
of WQMP certification status if it involves:
(i) failure to obtain authorization under an individual
or general permit if evidence of a discharge is observed; or
(ii) unauthorized discharge(s) into or adjacent to
surface water in the State; or
(iii) failure to notify Commission of any discharge;
or
(iv) failure to maintain water quality buffers; or
(v) failure to completely implement nutrient management
practices required by CAFO rules and the WQMP; or
(vi) failure to completely implement mortality management
practices required by the WQMP; or
(vii) operating a commercial poultry operation without
the required WQMP; or
(viii) a documented nuisance odor violation; or
(ix) chronic violations for failure to implement WQMP
practices required to meet CAFO rules under 30 TAC Chapter 321, Subchapter
B.
(F) The Board shall perform follow-up compliance inspections
at dry litter poultry CAFOs found out of compliance with their WQMP
to verify that the operation has returned to compliance with the Board-certified
WQMP and CAFO regulations.
(4) Coordination on AFOs:
(A) The Board is the lead agency and has primary responsibility
for agricultural or silvicultural nonpoint source pollution abatement
resulting from all AFOs, as defined under 30 TAC Chapter 321, Subchapter
B (relating to concentrated animal feeding operations) that are not
designated as CAFOs or otherwise required to operate under a water
quality permit issued by the Commission.
(B) The Board shall investigate water quality complaints
and monitor compliance of all AFOs regardless of their participation
in the WQMP Program. The Board shall also investigate the first odor
complaint, where none has been received by the Commission or the Board
within the previous twelve (12) months, at any dry litter poultry
AFO operating under a Board-certified WQMP.
(C) The Commission, upon receiving a general water
quality complaint regarding an AFO, will determine if the AFO is required
to obtain authorization pursuant to 30 TAC Chapter 321, Subchapter
B (relating to Control of Certain Activities by Rule). If the determination
by the Commission indicates the facility does not meet the definition
of a CAFO or otherwise require a water quality permit, the complaint
and any written documentation will be referred to the Board, except
for any person referred to the Commission for enforcement action pursuant
to paragraph (1)(I) of this subsection. Additionally, the Commission
shall investigate within eighteen (18) hours the second and all subsequent
odor complaints for a rolling twelve (12) month period at any dry
litter poultry AFO.
(D) The Board, upon receiving a general complaint regarding
an AFO, will investigate to determine whether such a facility will
need to obtain authorization from the Commission or initiate corrective
actions to avoid impacts to aquatic life or human health. Those facilities
that are determined to require authorization from the Commission pursuant
to 30 TAC Chapter 321, Subchapter B (relating Control of Certain Activities
by Rule) will be referred to the Commission in writing within five
working days from the date of the investigation.
(E) The Board shall refer an AFO to the Commission
for possible enforcement action, if the complaint investigation determines
that the potential for a water quality violation exists at a facility
and the facility owner or operator does not submit a request for a
Board certified WQMP to resolve the complaint within 45 days of notification
of the investigation outcome or does not implement appropriate corrective
action.
(F) When the owner or operator of an AFO fails to sign
a WQMP that was developed to resolve a complaint involving a potential
water quality violation within 90 days of signing a request for planning
assistance, the Board shall refer the AFO to the Commission for possible
enforcement action.
(G) The Board shall refer to the Commission for possible
enforcement any AFO complaint received where there is evidence of
a discharge.
(H) The Board shall refer to the Commission for possible
enforcement action, regardless of WQMP status, any investigation and
documentation by the Board of a complaint related to an AFO where
there is a documented violation that causes a discharge of pollutants
to the air, water, or land that causes serious impact to the environment;
or affects human health and safety.
(I) The Board shall refer to the Commission for possible
enforcement action, regardless of WQMP status, any violation related
to an AFO that the Board has determined that the necessary corrective
action has not been taken. The Board, upon referral, shall provide
the Commission documentation, including but not limited to, any original
documents or Board certified copies of the original documents; and
hard copies of all photographs, correspondence, records, and other
documents relating to the complaint or violation.
(5) General conditions:
(A) Term of MOU. The term of this MOU shall be from
the effective date until termination.
(B) Notice of Termination. Either party may terminate
this MOU upon 90-day written notice to the other party. Only upon
written concurrence of the other agency can this MOU be modified.
(C) Cooperation of Parties. It is the intention of
the Board and the Commission that the details of providing the services
in support of this MOU shall be worked out, in good faith, by both
agencies.
Cont'd... |
