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RULE §50.131Purpose and Applicability

(a) The purpose of this subchapter is to delegate authority to the executive director and to specify applications on which the executive director may take action on behalf of the commission. This subchapter does not affect the executive director's authority to act on an application where that authority is delegated elsewhere.

(b) This subchapter applies to applications that are administratively complete on or after September 1, 1999 to certifications of Water Quality Management Plan (WQMP) updates. Applications that are administratively complete before September 1, 1999 are subject to Subchapter B of this chapter (relating to Action by the Commission). Except as provided by subsection (c) of this section, this subchapter applies to:

  (1) air quality permits under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification);

  (2) appointments to the board of directors of districts created by special law;

  (3) certificates of adjudication;

  (4) district matters under Texas Water Code (TWC), Chapters 49 - 66;

  (5) districts' proposed impact fees, charges, assessments, or contributions approvable under Texas Local Government Code, Chapter 395;

  (6) extensions of time to commence or complete construction;

  (7) industrial and hazardous waste permits;

  (8) municipal solid waste permits;

  (9) on-site wastewater disposal system permits;

  (10) radioactive waste or radioactive material permits or licenses;

  (11) underground injection control permits;

  (12) water rights permits;

  (13) wastewater permits;

  (14) weather modification measures permits;

  (15) driller licenses under TWC, Chapter 32;

  (16) pump installer licenses under TWC, Chapter 33;

  (17) irrigator or installer registrations under TWC, Chapter 34; and

  (18) municipal management district matters under Texas Local Government Code, Chapter 375.

(c) In addition to those things excluded from coverage under §50.102 of this title (relating to Applicability), this subchapter does not apply to:

  (1) air quality standard permits under Chapter 116 of this title;

  (2) air quality exemptions from permitting and permits by rule under Chapter 106 of this title (relating to Permits by Rule) except for concrete batch plants which are not contiguous or adjacent to a public works project;

  (3) consolidated proceedings covering additional matters not within the scope of subsection (b) of this section;

  (4) district matters under TWC, Chapters 49 - 66, as follows:

    (A) an appeal under TWC, §49.052 by a member of a district board concerning his removal from the board;

    (B) an application under TWC, Chapter 49, Subchapter K, for the dissolution of a district;

    (C) an application under TWC, §49.456 for authority to proceed in bankruptcy;

    (D) an appeal under TWC, §54.239, of a board decision involving the cost, purchase, or use of facilities; or

    (E) an application under TWC, §54.030 for conversion of a district to a municipal utility district;

  (5) actions of the executive director under Chapters 101, 111 - 115, 117, and 118 of this title (relating to General Air Quality Rules; Control of Air Pollution From Visible Emissions and Particulate Matter; Control of Air Pollution From Sulfur Compounds; Standards of Performance for Hazardous Air Pollutants and for Designated Facilities and Pollutants; Control of Air Pollution From Motor Vehicles; Control of Air Pollution From Volatile Organic Compounds; Control of Air Pollution From Nitrogen Compounds; and Control of Air Pollution Episodes);

  (6) all compost facilities authorized to operate by registration under Chapter 332 of this title (relating to Composting); and

  (7) an application for creation of a municipal management district under Texas Local Government Code, Chapter 375.

(d) Regardless of subsection (b) or (c) of this section, when the rules governing a particular type of application allow a motion for reconsideration, §50.139(b) - (f) of this title (relating to Motion to Overturn Executive Director's Decision) applies. If the rules under which the executive director evaluates a registration application provide criteria for evaluating the application, the commission's reconsideration will be limited to those criteria.

Source Note: The provisions of this §50.131 adopted to be effective September 23, 1999, 24 TexReg 8254; amended to be effective October 6, 2002, 27 TexReg 9362; amended to be effective October 11, 2007, 32 TexReg 7067; amended to be effective January 3, 2019, 43 TexReg 8606

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