| (a) A general permit may be issued for a term not to exceed
five years. After notice and comment as provided by §205.3 of this title
(relating to Public Notice, Public Meetings, and Public Comment), a general
permit may be amended, revoked, or canceled by the commission or renewed by
the commission for an additional term or terms not to exceed five years each.
(b) A general permit remains in effect until amended, revoked,
or canceled by the commission or, unless renewed by the commission, until
it expires. If before its expiration, the commission proposes to renew a general
permit, the general permit shall remain in effect after the expiration date
for those existing discharges covered by the general permit. The general permit
shall remain in effect for these dischargers until the date on which the commission
takes final action on the proposed permit renewal. No new notices of intent
(NOIs) will be accepted or new authorizations honored for authorization under
the general permit after the expiration date.
(c) Upon issuance of a renewed or amended general permit, all
facilities, including those covered under the expired general permit, shall
submit an NOI, if one is required by the general permit, in accordance with
the requirements of the new permit.
(d) If the commission has not proposed to renew a general permit
at least 90 days before its expiration date, dischargers authorized under
the general permit shall submit an application for an individual permit before
the general permit's expiration. If an application for an individual permit
is submitted before the general permit's expiration, authorization under the
expired general permit remains in effect until the issuance or denial of an
individual permit.
(e) The commission may, through renewal or amendment of a general
permit, add or delete requirements or limitations to the permit. The commission
may provide in the general permit a reasonable time to allow existing dischargers
covered by the general permit to make the changes necessary to comply with
any additional requirements deemed substantive by the commission.
(f) Before issuing a general permit, the commission shall review
the general permit for consistency with the Texas Coastal Management Plan
(CMP). The commission must find that the general permit is consistent with
the applicable CMP goals and policies and that it will not adversely affect
any applicable coastal natural resource areas as identified in the CMP before
the commission may issue the general permit.
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