| (4) After providing written notice to the discharger,
the executive director shall suspend authorization to discharge under an existing
general permit for the following reasons:
(A) the quantity of discharge, the type of waste, or the type
of operation does not comply with the general permit;
(B) the discharge causes a violation of the Texas Surface Water
Quality Standards;
(C) the discharger or facility:
(i) has failed to pay any portion of a delinquent fee or charge
assessed by the executive director;
(ii) is not in compliance with all requirements, conditions,
and timeframes specified in an unexpired commission final enforcement order
relating to the activity regulated by the general permit, or
(iii) is subject to an unexpired enforcement order that requires
the facility to comply with operating conditions different from or additional
to the requirements of the general permit;
(D) the discharge is inconsistent with the state WQMP;
(E) an application is not received by the deadline specified
by rule or in the general permit.
(5) After providing written notice to the discharger,
the executive director may suspend authorization to discharge under an existing
general permit for reasons including, but not limited to, the following:
(A) a change has occurred in the availability of demonstrated
technology or practices for the prevention, control, or abatement of pollutants
applicable to the discharge necessary to be implemented to meet applicable
federal or state standards;
(B) specific effluent limitation guidelines are promulgated
for a discharge covered by the general TPDES permit, but the general permit
has not yet been amended to incorporate the new effluent limitation guidelines;
(C) the owner and/or the operator of the facility has not filed
an NOI in accordance with §305.43 of this title;
(D) circumstances have changed since the time of the NOI so
that the discharge is no longer appropriately controlled to meet applicable
water quality standards under the general permit, or either a temporary or
permanent reduction, or elimination of the authorized discharge is necessary;
(E) the discharger has been determined by the executive director
to have been out of compliance with any rule, order, or permit of the commission,
including non-payment of fees assessed by the executive director;
(F) the discharge contains pollutants that cause significant
adverse effects to water quality. In making this determination, the executive
director shall consider the following factors:
(i) the location of the discharge;
(ii) the size of the discharge;
(iii) the quantity and nature of pollutants discharged;
(iv) whether the discharge would adversely affect groundwater
quality, inconsistent with the policy specified in the TWC, §26.401;
and
(v) other factors relating to the protection of water quality
standards; and
(G) the discharger or facility is the subject of an unresolved
agency enforcement action in which the executive director has issued written
notice that enforcement has been initiated.
(e) The commission, after hearing, shall deny or suspend a
discharger's authority to discharge under a general permit if the commission
determines that the discharger operates any facility for which the discharger's
compliance history contains violations constituting a recurring pattern of
egregious conduct that demonstrates a consistent disregard for the regulatory
process, including a failure to make a timely and substantial attempt to correct
the violations. A hearing under this subsection is not subject to Texas Government
Code, Chapter 2001.
(f) The general permit shall describe the content of the NOI,
if one is required by the general permit. At a minimum, the NOI shall require
the submission of information necessary for adequate program implementation
including, at a minimum, the legal name and address of the owner and operator,
the facility name and address, specific description of its location, type
of facility or discharges, and the receiving water(s). An NOI shall be signed
in accordance with §305.44 of this title (relating to Signatories to
Applications).
(g) Unless otherwise provided in the general permit or in §305.53
of this title (relating to Application Fee), a person seeking authorization
by general permit shall submit a $100 application fee payable to the agency
at the time of filing an NOI. If a person is denied coverage under the general
permit in accordance with subsection (c) or (e) of this section, any application
fee will be applied to the application fee required for an individual permit
application for the same discharge.
(h) The general permit shall require a person authorized to
discharge waste under a general permit to submit up-to-date information to
the executive director in a notice of change within a specified period of
time prior to a change in previous information provided to the agency or any
other change with respect to the nature or operations of the facility or the
characteristics of the discharge. In cases where the general permit requires
that an NOI be submitted, the general permit shall require that when the ownership
of the facility changes or is transferred, a notice of termination be submitted
by the present owner, and a new NOI be submitted by the new owner, not later
than ten days prior to the change in ownership.
(i) When requested by a county or municipality, the commission
may establish a provision in a general permit for notification by the discharger
to a county judge or mayor of a municipality of NOIs that would allow discharges
within their respective jurisdiction. If the executive director or commission
denies authorization for a proposed discharge in the county or municipality,
the executive director shall notify the county judge or mayor.
(j) The executive director's decisions on NOIs under this chapter
are subject to §50.139 of this title (relating to Motion to Overturn
Executive Director's Decision).
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