| (C) Except as provided by paragraph (3)(B) of this
subsection, if the TCEQ does not receive a response from the TPWD
within 45 days of the TPWD receipt of the permit application file,
the TCEQ will conclude that there are no comments and continue processing
of the application.
(D) Formal written comments received from the TPWD
will be considered by the TCEQ in developing the final draft permit.
The TPWD's comments will be evaluated in conjunction with all other
applicable factors and will be incorporated by the TCEQ whenever it
is consistent with the TCEQ's responsibilities. In accordance with
the responsibilities of the TCEQ as described in subsection (c)(1)
of this section, the TCEQ reserves the right to determine the requirements
of the final draft permit. Upon making a preliminary recommendation
regarding an application, the TCEQ will provide a response to the
TPWD that contains a copy of the final draft permit and documentation
providing an explanation on why any of the TPWD's comments were not
incorporated.
(3) Coordination procedures applicable to all applications.
(A) The scope of review by the TPWD may include, but
is not limited to: consideration of especially sensitive receiving
water conditions (aquatic habitat); impacts of the discharge on substrate
(scouring, sedimentation) and water transparency; alteration of receiving
water flow characteristics; existing or attainable biological and
recreational uses; discharge rate and volume; and the likelihood of
disease transmission. Comments may be addressed directly to the applicant
by the TPWD.
(B) If the TPWD requests additional information from
the applicant, the TPWD will request that the applicant provide a
copy of the information to the TCEQ. If the applicant does not provide
the additional information to the TPWD within 30 days of a request,
the TCEQ will determine whether it is appropriate to either suspend
processing the application or return it to the applicant. Upon receipt
of additional information from the applicant, the TPWD will have 30
days to complete its review and either make final recommendations
to the TCEQ or indicate that it has no comments. If formal written
comments are not received from the TPWD within 30 days of receipt
of the additional information, the TCEQ will conclude that there are
no comments and continue processing of the application.
(C) The TCEQ will consider guidelines developed by
the TPWD with input from the TCEQ and stakeholders identifying sensitive
aquatic habitat within the coastal zone when reviewing wastewater
discharge applications for new aquaculture facilities or expansion
of existing facilities in the coastal zone.
(D) The TCEQ and TPWD will strive to provide each other
notification of public meetings and contested case hearings that relate
to aquaculture applications.
(e) Other coordination activities.
(1) The TPWD shall, within 120 days of the date of
adoption of this MOU, review the wastewater discharge application
forms and provide proposed changes that are necessary to obtain relevant
information for the TPWD's review. The TCEQ will solicit feedback
from the TPWD each time the TCEQ revises the forms related to aquaculture
facilities.
(2) A new exotic species permit will not be issued
by the TPWD to any aquaculture facility that proposes to discharge
wastewater until a TCEQ wastewater discharge permit or other authorization
has been issued or it is determined that the facility is exempted
from such requirements.
(3) An interagency work group will be formed, whose
function will be to coordinate on matters related to aquaculture to
aid in ensuring that proposed wastewater discharges will not adversely
affect bays, estuaries, or other water in the state. This work group
will meet at least annually to address aquaculture issues relating
to water quality, fish and wildlife resources, and receiving stream
habitat and uses. This work group will serve to strengthen coordination
between the TCEQ and TPWD related to the aquaculture industry and
provide a conduit for shared information. The work group shall be
composed of members of each agency and staffed at levels which are
mutually agreeable as adequate to accomplish the stated goals. Each
agency shall designate a primary contact person for this group and
notify the other agency of any changes to the primary contact person.
(4) The TCEQ and TPWD will coordinate studies related
to applications that request authorizations for the discharge wastewater.
This may include on-site visits, receiving water assessments, sample
collection, data analysis and related activities. Notification of
these activities will be provided at least five days prior to the
activity or as soon as is practicable. The TPWD will notify the appropriate
TCEQ regional office and the Wastewater Permitting Section Manager.
The TCEQ will notify the TPWD Water Quality Program.
(5) The TCEQ and TPWD will strive to coordinate responses
to emergency conditions, investigation of unauthorized wastewater
discharges, and compliance inspections of aquaculture facilities for
wastewater discharges. The TCEQ and TPWD will provide notice to each
other at least five days prior to conducting a site inspection related
to wastewater discharges, so as to allow the other agency to participate
if desired. The TPWD will notify the appropriate TCEQ regional office
and the TCEQ will notify the TPWD Water Quality Program.
(6) The TCEQ and TPWD will continue to develop and
provide to applicants, permit conditions and, as appropriate, guidance
related to disease, quarantine conditions, and emergency plans.
(f) General conditions.
(1) The term of this MOU shall be from the effective
date until amendment or termination of this agreement. Any amendment
to the MOU shall be made by mutual agreement of the parties.
(2) Each party shall adopt the MOU by rule, including
subsequent amendments. This MOU, and any subsequent amendment, shall
become effective on the effective date of the rule.
(3) Reservation of rights. Each agency has and reserves
the right to take whatever actions necessary to pursue or preserve
any legal remedies available to that agency, and nothing in this MOU
is intended to waive or foreclose any such right.
|
