(a) A qualified discharger may obtain authorization to operate
under a general permit by complying with the general permit's conditions for
gaining coverage.
(1) A general permit shall specify either an applicable deadline
for filing the notice of intent (NOI), or that an NOI is not required prior
to commencement of a qualifying discharge.
(2) No new discharge under the authority of a general
permit may commence after a general permit has expired.
(3) For those general permits requiring an NOI, a discharger
may begin discharging under the general permit after the date or period of
time specified in the general permit unless the executive director or commission
before that time notifies the discharger pursuant to subsections (c) or (e)
of this section that the discharger is not eligible for authorization under
the general permit.
(4) The executive director shall provide written notice
to a discharger if the executive director determines that the discharger is
not eligible for authorization under the general permit. The content of the
notice is described in subsections (c) and (d) of this section.
(5) An NOI shall be submitted to the executive director
in a form or format that is specified in the general permit or otherwise set
out in commission rules.
(b) The following requirements apply to existing individual
permittees.
(1) The general permit shall specify how a discharger covered
by an individual permit may substitute authorization to discharge waste under
the general permit. At a minimum, the general permit shall provide that coverage
under the general permit shall not commence until:
(A) the permittee has submitted an NOI, if one is required
by the general permit, as specified by subsection (f) of this section; and
(B) the executive director has received the discharger's written
request that the individual permit be canceled or amended, as appropriate.
(2) The general permit may allow a discharger who
is covered by an individual permit to obtain authorization to discharge waste
from a new outfall under a general permit. Agency action on a new discharge
does not affect the status of the discharger's existing individual permit.
The general permit shall describe how to obtain authorization to discharge
waste from a new outfall. Authorization under the general permit shall not
commence until the discharger:
(A) submits an NOI, if one is required by the general permit,
as specified in subsection (f) of this section; and
(B) requests and receives written approval from the executive
director of a minor modification to their individual permit exempting the
new outfall from coverage under the individual permit.
(3) Except as provided under subsection (b)(2) of
this section, the commission shall cancel an individual permit if the executive
director or commission does not deny the NOI or authorization under subsection
(c) or (e) of this section.
(c) The following requirements apply to denial of an authorization
or notice of intent.
(1) The executive director shall provide written notice to
a discharger if the executive director denies the discharger's NOI or authorization
to discharge under a general permit, including, at a minimum, a brief statement
of the basis for this decision.
(2) The executive director shall deny 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 is required to be authorized under the Texas
Pollutant Discharge Elimination System (TPDES), and discharging under the
general permit would result in backsliding prohibited under 40 Code of Federal
Regulations §122.44(l), as amended and adopted under §305.531(3)
of this title (relating to Establishing and Calculating Additional Conditions
and Limitations for TPDES Permits);
(C) the discharge causes a violation of the Texas Surface Water
Quality Standards;
(D) the discharge is located where it causes or could cause
an adverse impact upon a critical area, as defined in 31 TAC §501.3 (relating
to Definitions and Abbreviations), and there is a suitable location that is
available and capable of being used in light of cost, technology, and logistics;
(E) 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 time frames 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;
(F) the discharge would be inconsistent with the state water
quality management plan (WQMP).
(3) The executive director may deny 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 (relating to Who Applies);
(D) 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;
(E) 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 Texas Water Code (TWC), §26.401;
and
(v) other factors relating to the protection of water quality
standards; and
(F) 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.
(4) If authorization to discharge is denied under
this subsection, the executive director may require the person whose authorization
is denied to apply for and obtain an individual permit. If the discharger
is seeking to replace its individual permit with general permit coverage,
but the discharger's general permit authorization is denied, the discharger
shall apply for renewal of the individual permit prior to the expiration date
of its individual permit to maintain authorization to discharge, in accordance
with §305.63 of this title (relating to Renewal).
(d) The following requirements apply to suspensions of authorizations
and NOIs.
(1) The general permit shall describe the procedures for suspension
of authorization and NOIs under a general permit. The general permit shall
require the executive director to provide written notice to a discharger that
the executive director intends to suspend a discharger's authority to discharge
under a general permit, including:
(A) a brief statement of the basis for this decision under
this subsection;
(B) a statement of whether the discharger shall immediately
cease the discharge;
(C) a statement setting the deadline for filing the application
for an individual permit; and
(D) a statement that the person's discharge authorization under
the general permit shall be suspended on the effective date of the commission's
action on the individual permit application unless the commission expressly
provides otherwise, or unless the executive director has required the discharger
to immediately cease the discharge;
(2) Except for suspensions under paragraph (5)(F)
of this subsection relating to storm water discharges, if a discharger's authorization
under a general permit is suspended, the discharger shall immediately cease
the discharge.
(3) The executive director may require the person whose
authorization to discharge is suspended to apply for and obtain an individual
permit.
Cont'd... |