TITLE 30.ENVIRONMENTAL QUALITY

Part 1. TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

Chapter 284. PRIVATE SEWAGE FACILITIES

BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE REPEALS

The repeal of Chapter 284 is adopted because the chapter is no longer based on statutory authority and has been superceded by rules contained in 30 TAC Chapter 285, On-Site Sewage Facilities. Prior to 1987, Texas Water Code (TWC), §26.031 granted to the Texas Water Commission the authority to regulate certain on-site sewage facilities (OSSF) in the state. The rules developed under §26.031 authorized river authorities and special districts to regulate OSSF systems within their areas of jurisdiction, primarily around lakes and reservoirs. The Texas Water Commission adopted Chapter 284 to implement this statute. In 1987, TWC, §26.031 was repealed, and House Bill 1875 was passed, which gave authority to the Texas Department of Health to regulated OSSF systems in Texas. The OSSF program and the authority to regulate OSSF systems was returned to the commission in 1992; however, that authority is now under Texas Health and Safety Code, Chapter 366, and is regulated under Chapter 285.

As published in the Rules Review section of this issue of the Texas Register , the commission is also adopting the review of this chapter in accordance with the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999. The commission has determined under its review of the rules in Chapter 284 that the reason for their adoption no longer exists. The Notice of Intention to Review was published for comment in the December 17, 1999 issue of the Texas Register (24 TexReg 11544).

FINAL REGULATORY IMPACT ANALYSIS

The commission has reviewed the rulemaking in light of the regulatory analysis requirements of Texas Government Code, §2001.0225, and has determined that the rulemaking is not subject to §2001.0225 because it does not meet the definition of a "major environmental rule" as defined in that statute. "Major environmental rule" is a rule which has the specific intent to protect the environment or reduce risks to human health from environmental exposure, and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. Because the specific intent of this rulemaking is to repeal outdated rules, remove ambiguity and confusion with existing rules, and not add regulatory requirements to existing rules, the rulemaking is not anticipated to have an adverse effect on the economy or a sector of the economy and does not meet the definition of a "major environmental rule." In addition, the repeal of Chapter 284 does not meet any of the four applicability requirements of a "major environmental rule." The repeals do not exceed a standard set by federal law because there is no federal equivalent standard, the repeals do not exceed an express requirement of state law because the expressed requirement has been repealed, the repeals do not exceed a requirement of a delegation agreement because the commission is not a party to a delegation agreement with the federal government concerning a state and federal program that would be applicable to this program, and the repeals are based on a lack of specific statutory authority for the rules.

TAKINGS IMPACT ASSESSMENT

The commission has prepared a takings impact assessment for repeal of this chapter under Texas Government Code, §2007.043. The repeal of this chapter is based on a lack of statutory authority to continue these rules. The repeal would not affect private property because it is intended to eliminate ambiguity between old, outdated rules and the existing rules under Chapter 285. The commission, therefore, concludes that repeal of rules under Chapter 284 will not in itself constitute a takings of private property under Texas Government Code, Chapter 2007.

COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW

The commission has determined that the repeal of these rules does not relate to an action subject to the Texas Coastal Management Program (CMP) in accordance with the Coastal Coordination Act of 1991, as amended (Texas Natural Resources Code, §§33.201 et seq.), and the commission's rules in 30 TAC Chapter 281, Subchapter B, concerning Consistency with the CMP. While these rules concern on-site sewage disposal, they govern lakes that are not in the geographic area subject to the CMP.

HEARING AND COMMENTERS

A public hearing on the proposed rules repeal and on the proposed rules review was scheduled for January 11, 2000; however, no one appeared at the hearing to testify. Also, no written comments on the proposal or the rules review were received by the commission during the comment period.

One comment letter was received after the close of the comment period from Booth, Ahrens and Werkenthin, P. C. representing the Tarrant Regional Water District (District). The District is opposed to the repeal of the subchapters under which it regulates OSSF around its reservoirs (Subchapters N, R, W, and X), because the District believes that the repeals will leave the District's reservoirs unprotected from contamination until the agency takes action on the District's proposed orders to replace the Chapter 284 rules.

The commission responds that the repeal of Chapter 284 is based upon a lack of statutory authority for the rules to exist. Chapter 284 has been superceded by rules contained in Chapter 285, On-Site Sewage Facilities. If the District wishes to continue oversight of the OSSF program, it will need to get an order under Chapter 285 to be the commission's authorized agent. If the District's proposed orders are not approved by the time the repeal of Chapter 284 takes effect, the jurisdiction over the OSSF program around the reservoirs in question will default to the local county if it has an approved order under Chapter 285, or to the commission. The local county or the commission will administer the program until the order authorizing the District's program is approved. Thus, the District's reservoirs will continue to be protected.

Subchapter A. SAM RAYBURN RESERVOIR

30 TAC §§284.1 - 284.15

STATUTORY AUTHORITY

The repeals are adopted under TWC, §5.103 and §5.105, which authorize the commission to adopt rules necessary to carry out its responsibilities and duties under the TWC and other laws of Texas. Since the statutory authority upon which this chapter was based, TWC, §26.031, was repealed by Acts 1987, 70th Legislature, Chapter 406, §2, effective September 1, 1989, and has been replaced by a program to regulate OSSF systems under Texas Health and Safety Code, Chapter 366, which is implemented through existing Chapter 285, the rules are no longer necessary. The review and repeal of the rules is authorized under the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2000.

TRD-200002168

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Effective date: April 13, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 239-1966

Subchapter B. TOLEDO BEND RESERVOIR

30 TAC §§284.21 - 284.35

STATUTORY AUTHORITY

The repeals are adopted under TWC, §5.103 and §5.105, which authorize the commission to adopt rules necessary to carry out its responsibilities and duties under the TWC and other laws of Texas. Since the statutory authority upon which this chapter was based, TWC, §26.031, was repealed by Acts 1987, 70th Legislature, Chapter 406, §2, effective September 1, 1989, and has been replaced by a program to regulate OSSF systems under Texas Health and Safety Code, Chapter 366, which is regulated under the commission's existing Chapter 285, the rule is no longer necessary. The review and repeal of the rules is authorized under the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2000.

TRD-200002169

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Effective date: April 13, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 239-1966

Subchapter C. LAKE TAWAKONI RESERVOIR

30 TAC §§284.41 - 284.55

STATUTORY AUTHORITY

The repeals are adopted under TWC, §5.103 and §5.105, which authorize the commission to adopt rules necessary to carry out its responsibilities and duties under the TWC and other laws of Texas. Since the statutory authority upon which this chapter was based, TWC, §26.031, was repealed by Acts 1987, 70th Legislature, Chapter 406, §2, effective September 1, 1989, and has been replaced by a program to regulate OSSF systems under Texas Health and Safety Code, Chapter 366, which is regulated under the commission's existing Chapter 285, the rule is no longer necessary. The review and repeal of the rules is authorized under the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2000.

TRD-200002170

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Effective date: April 13, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 239-1966

Subchapter D. LAKE FORK RESERVOIR

30 TAC §§284.61 - 284.75

STATUTORY AUTHORITY

The repeals are adopted under TWC, §5.103 and §5.105, which authorize the commission to adopt rules necessary to carry out its responsibilities and duties under the TWC and other laws of Texas. Since the statutory authority upon which this chapter was based, TWC, §26.031, was repealed by Acts 1987, 70th Legislature, Chapter 406, §2, effective September 1, 1989, and has been replaced by a program to regulate OSSF systems under Texas Health and Safety Code, Chapter 366, which is regulated under the commission's existing Chapter 285, the rule is no longer necessary. The review and repeal of the rules is authorized under the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2000.

TRD-200002171

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Effective date: April 13, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 239-1966

Subchapter E. LAKE BROWNWOOD

30 TAC §§284.81 - 284.96

STATUTORY AUTHORITY

The repeals are adopted under TWC, §5.103 and §5.105, which authorize the commission to adopt rules necessary to carry out its responsibilities and duties under the TWC and other laws of Texas. Since the statutory authority upon which this chapter was based, TWC, §26.031, was repealed by Acts 1987, 70th Legislature, Chapter 406, §2, effective September 1, 1989, and has been replaced by a program to regulate OSSF systems under Texas Health and Safety Code, Chapter 366, which is regulated under the commission's existing Chapter 285, the rule is no longer necessary. The review and repeal of the rules is authorized under the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2000.

TRD-200002172

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Effective date: April 13, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 239-1966

Subchapter F. LAKE LIMESTONE

30 TAC §§284.101 - 284.115

STATUTORY AUTHORITY

The repeals are adopted under TWC, §5.103 and §5.105, which authorize the commission to adopt rules necessary to carry out its responsibilities and duties under the TWC and other laws of Texas. Since the statutory authority upon which this chapter was based, TWC, §26.031, was repealed by Acts 1987, 70th Legislature, Chapter 406, §2, effective September 1, 1989, and has been replaced by a program to regulate OSSF systems under Texas Health and Safety Code, Chapter 366, which is regulated under the commission's existing Chapter 285, the rule is no longer necessary. The review and repeal of the rules is authorized under the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2000.

TRD-200002173

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Effective date: April 13, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 239-1966

Subchapter G. LUMBERTON MUNICIPAL UTILITY DISTRICT IN HARDIN COUNTY

30 TAC §§284.121 - 284.135

STATUTORY AUTHORITY

The repeals are adopted under TWC, §5.103 and §5.105, which authorize the commission to adopt rules necessary to carry out its responsibilities and duties under the TWC and other laws of Texas. Since the statutory authority upon which this chapter was based, TWC, §26.031, was repealed by Acts 1987, 70th Legislature, Chapter 406, §2, effective September 1, 1989, and has been replaced by a program to regulate OSSF systems under Texas Health and Safety Code, Chapter 366, which is regulated under the commission's existing Chapter 285, the rule is no longer necessary. The review and repeal of the rules is authorized under the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2000.

TRD-200002174

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Effective date: April 13, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 239-1966

Subchapter I. LAKE CROOK WATERSHED

30 TAC §§284.161 - 284.174

STATUTORY AUTHORITY

The repeals are adopted under TWC, §5.103 and §5.105, which authorize the commission to adopt rules necessary to carry out its responsibilities and duties under the TWC and other laws of Texas. Since the statutory authority upon which this chapter was based, TWC, §26.031, was repealed by Acts 1987, 70th Legislature, Chapter 406, §2, effective September 1, 1989, and has been replaced by a program to regulate OSSF systems under Texas Health and Safety Code, Chapter 366, which is regulated under the commission's existing Chapter 285, the rule is no longer necessary. The review and repeal of the rules is authorized under the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2000.

TRD-200002175

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Effective date: April 13, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 239-1966

Subchapter J. LAKE PALESTINE

30 TAC §§284.181 - 284.192

STATUTORY AUTHORITY

The repeals are adopted under TWC, §5.103 and §5.105, which authorize the commission to adopt rules necessary to carry out its responsibilities and duties under the TWC and other laws of Texas. Since the statutory authority upon which this chapter was based, TWC, §26.031, was repealed by Acts 1987, 70th Legislature, Chapter 406, §2, effective September 1, 1989, and has been replaced by a program to regulate OSSF systems under Texas Health and Safety Code, Chapter 366, which is regulated under the commission's existing Chapter 285, the rule is no longer necessary. The review and repeal of the rules is authorized under the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2000.

TRD-200002176

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Effective date: April 13, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 239-1966

Subchapter K. LIVINGSTON RESERVOIR

30 TAC §§284.201 - 284.216

STATUTORY AUTHORITY

The repeals are adopted under TWC, §5.103 and §5.105, which authorize the commission to adopt rules necessary to carry out its responsibilities and duties under the TWC and other laws of Texas. Since the statutory authority upon which this chapter was based, TWC, §26.031, was repealed by Acts 1987, 70th Legislature, Chapter 406, §2, effective September 1, 1989, and has been replaced by a program to regulate OSSF systems under Texas Health and Safety Code, Chapter 366, which is regulated under the commission's existing Chapter 285, the rule is no longer necessary. The review and repeal of the rules is authorized under the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2000.

TRD-200002177

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Effective date: April 13, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 239-1966

Subchapter L. LAKE RAY HUBBARD

30 TAC §§284.221 - 284.237

STATUTORY AUTHORITY

The repeals are adopted under TWC, §5.103 and §5.105, which authorize the commission to adopt rules necessary to carry out its responsibilities and duties under the TWC and other laws of Texas. Since the statutory authority upon which this chapter was based, TWC, §26.031, was repealed by Acts 1987, 70th Legislature, Chapter 406, §2, effective September 1, 1989, and has been replaced by a program to regulate OSSF systems under Texas Health and Safety Code, Chapter 366, which is regulated under the commission's existing Chapter 285, the rule is no longer necessary. The review and repeal of the rules is authorized under the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2000.

TRD-200002178

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Effective date: April 13, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 239-1966

Subchapter M. GREENBELT RESERVOIR

30 TAC §§284.261 - 284.274

STATUTORY AUTHORITY

The repeals are adopted under TWC, §5.103 and §5.105, which authorize the commission to adopt rules necessary to carry out its responsibilities and duties under the TWC and other laws of Texas. Since the statutory authority upon which this chapter was based, TWC, §26.031, was repealed by Acts 1987, 70th Legislature, Chapter 406, §2, effective September 1, 1989, and has been replaced by a program to regulate OSSF systems under Texas Health and Safety Code, Chapter 366, which is regulated under the commission's existing Chapter 285, the rule is no longer necessary. The review and repeal of the rules is authorized under the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2000.

TRD-200002179

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Effective date: April 13, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 239-1966

Subchapter N. CEDAR CREEK RESERVOIR

30 TAC §§284.281 - 284.294

STATUTORY AUTHORITY

The repeals are adopted under TWC, §5.103 and §5.105, which authorize the commission to adopt rules necessary to carry out its responsibilities and duties under the TWC and other laws of Texas. Since the statutory authority upon which this chapter was based, TWC, §26.031, was repealed by Acts 1987, 70th Legislature, Chapter 406, §2, effective September 1, 1989, and has been replaced by a program to regulate OSSF systems under Texas Health and Safety Code, Chapter 366, which is regulated under the commission's existing Chapter 285, the rule is no longer necessary. The review and repeal of the rules is authorized under the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2000.

TRD-200002180

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Effective date: April 13, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 239-1966

Subchapter O. LAKE GRANBURY

30 TAC §§284.311 - 284.326

STATUTORY AUTHORITY

The repeals are adopted under TWC, §5.103 and §5.105, which authorize the commission to adopt rules necessary to carry out its responsibilities and duties under the TWC and other laws of Texas. Since the statutory authority upon which this chapter was based, TWC, §26.031, was repealed by Acts 1987, 70th Legislature, Chapter 406, §2, effective September 1, 1989, and has been replaced by a program to regulate OSSF systems under Texas Health and Safety Code, Chapter 366, which is regulated under the commission's existing Chapter 285, the rule is no longer necessary. The review and repeal of the rules is authorized under the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2000.

TRD-200002181

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Effective date: April 13, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 239-1966

Subchapter P. SOMERVILLE RESERVOIR

30 TAC §§284.341 - 284.356

STATUTORY AUTHORITY

The repeals are adopted under TWC, §5.103 and §5.105, which authorize the commission to adopt rules necessary to carry out its responsibilities and duties under the TWC and other laws of Texas. Since the statutory authority upon which this chapter was based, TWC, §26.031, was repealed by Acts 1987, 70th Legislature, Chapter 406, §2, effective September 1, 1989, and has been replaced by a program to regulate OSSF systems under Texas Health and Safety Code, Chapter 366, which is regulated under the commission's existing Chapter 285, the rule is no longer necessary. The review and repeal of the rules is authorized under the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2000.

TRD-200002182

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Effective date: April 13, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 239-1966

Subchapter Q. POSSUM KINGDOM LAKE

30 TAC §§284.371 - 284.386

STATUTORY AUTHORITY

The repeals are adopted under TWC, §5.103 and §5.105, which authorize the commission to adopt rules necessary to carry out its responsibilities and duties under the TWC and other laws of Texas. Since the statutory authority upon which this chapter was based, TWC, §26.031, was repealed by Acts 1987, 70th Legislature, Chapter 406, §2, effective September 1, 1989, and has been replaced by a program to regulate OSSF systems under Texas Health and Safety Code, Chapter 366, which is regulated under the commission's existing Chapter 285, the rule is no longer necessary. The review and repeal of the rules is authorized under the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2000.

TRD-200002183

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Effective date: April 13, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 239-1966

Subchapter R. RICHLAND CREEK RESERVOIR

30 TAC §§284.401 - 284.414

STATUTORY AUTHORITY

The repeals are adopted under TWC, §5.103 and §5.105, which authorize the commission to adopt rules necessary to carry out its responsibilities and duties under the TWC and other laws of Texas. Since the statutory authority upon which this chapter was based, TWC, §26.031, was repealed by Acts 1987, 70th Legislature, Chapter 406, §2, effective September 1, 1989, and has been replaced by a program to regulate OSSF systems under Texas Health and Safety Code, Chapter 366, which is regulated under the commission's existing Chapter 285, the rule is no longer necessary. The review and repeal of the rules is authorized under the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2000.

TRD-200002184

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Effective date: April 13, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 239-1966

Subchapter S. MACKENZIE RESERVOIR

30 TAC §§284.421 - 284.434

STATUTORY AUTHORITY

The repeals are adopted under TWC, §5.103 and §5.105, which authorize the commission to adopt rules necessary to carry out its responsibilities and duties under the TWC and other laws of Texas. Since the statutory authority upon which this chapter was based, TWC, §26.031, was repealed by Acts 1987, 70th Legislature, Chapter 406, §2, effective September 1, 1989, and has been replaced by a program to regulate OSSF systems under Texas Health and Safety Code, Chapter 366, which is regulated under the commission's existing Chapter 285, the rule is no longer necessary. The review and repeal of the rules is authorized under the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2000.

TRD-200002185

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Effective date: April 13, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 239-1966

Subchapter T. LAKE LAVON

30 TAC §§284.451 - 284.464

STATUTORY AUTHORITY

The repeals are adopted under TWC, §5.103 and §5.105, which authorize the commission to adopt rules necessary to carry out its responsibilities and duties under the TWC and other laws of Texas. Since the statutory authority upon which this chapter was based, TWC, §26.031, was repealed by Acts 1987, 70th Legislature, Chapter 406, §2, effective September 1, 1989, and has been replaced by a program to regulate OSSF systems under Texas Health and Safety Code, Chapter 366, which is regulated under the commission's existing Chapter 285, the rule is no longer necessary. The review and repeal of the rules is authorized under the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2000.

TRD-200002186

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Effective date: April 13, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 239-1966

Subchapter U. LAKE CONROE

30 TAC §§284.481 - 284.496

STATUTORY AUTHORITY

The repeals are adopted under TWC, §5.103 and §5.105, which authorize the commission to adopt rules necessary to carry out its responsibilities and duties under the TWC and other laws of Texas. Since the statutory authority upon which this chapter was based, TWC, §26.031, was repealed by Acts 1987, 70th Legislature, Chapter 406, §2, effective September 1, 1989, and has been replaced by a program to regulate OSSF systems under Texas Health and Safety Code, Chapter 366, which is regulated under the commission's existing Chapter 285, the rule is no longer necessary. The review and repeal of the rules is authorized under the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2000.

TRD-200002187

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Effective date: April 13, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 239-1966

Subchapter V. LAKE BOB SANDLIN

30 TAC §§284.511 - 284.523

STATUTORY AUTHORITY

The repeals are adopted under TWC, §5.103 and §5.105, which authorize the commission to adopt rules necessary to carry out its responsibilities and duties under the TWC and other laws of Texas. Since the statutory authority upon which this chapter was based, TWC, §26.031, was repealed by Acts 1987, 70th Legislature, Chapter 406, §2, effective September 1, 1989, and has been replaced by a program to regulate OSSF systems under Texas Health and Safety Code, Chapter 366, which is regulated under the commission's existing Chapter 285, the rule is no longer necessary. The review and repeal of the rules is authorized under the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2000.

TRD-200002188

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Effective date: April 13, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 239-1966

Subchapter W. EAGLE MOUNTAIN LAKE

30 TAC §§284.531 - 284.543

STATUTORY AUTHORITY

The repeals are adopted under TWC, §5.103 and §5.105, which authorize the commission to adopt rules necessary to carry out its responsibilities and duties under the TWC and other laws of Texas. Since the statutory authority upon which this chapter was based, TWC, §26.031, was repealed by Acts 1987, 70th Legislature, Chapter 406, §2, effective September 1, 1989, and has been replaced by a program to regulate OSSF systems under Texas Health and Safety Code, Chapter 366, which is regulated under the commission's existing Chapter 285, the rule is no longer necessary. The review and repeal of the rules is authorized under the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2000.

TRD-200002189

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Effective date: April 13, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 239-1966

Subchapter X. LAKE BRIDGEPORT

30 TAC §§284.551 - 284.560, 284.562 - 284.564

STATUTORY AUTHORITY

The repeals are adopted under TWC, §5.103 and §5.105, which authorize the commission to adopt rules necessary to carry out its responsibilities and duties under the TWC and other laws of Texas. Since the statutory authority upon which this chapter was based, TWC, §26.031, was repealed by Acts 1987, 70th Legislature, Chapter 406, §2, effective September 1, 1989, and has been replaced by a program to regulate OSSF systems under Texas Health and Safety Code, Chapter 366, which is regulated under the commission's existing Chapter 285, the rule is no longer necessary. The review and repeal of the rules is authorized under the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2000.

TRD-200002190

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Effective date: April 13, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 239-1966

Subchapter Y. HIGHLAND LAKES

30 TAC §§284.581 - 284.604

STATUTORY AUTHORITY

The repeals are adopted under TWC, §5.103 and §5.105, which authorize the commission to adopt rules necessary to carry out its responsibilities and duties under the TWC and other laws of Texas. Since the statutory authority upon which this chapter was based, TWC, §26.031, was repealed by Acts 1987, 70th Legislature, Chapter 406, §2, effective September 1, 1989, and has been replaced by a program to regulate OSSF systems under Texas Health and Safety Code, Chapter 366, which is regulated under the commission's existing Chapter 285, the rule is no longer necessary. The review and repeal of the rules is authorized under the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2000.

TRD-200002191

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Effective date: April 13, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 239-1966