| (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 and to certifications
of Water Quality Management Plan (WQMP) updates. 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, except for air quality standard permits that require
a decision by the executive director;
(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.
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| 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; amended to be effective May 14, 2020, 45 TexReg 3072; amended to be effective October 19, 2023, 48 TexReg 5981 |
