31 TAC §§523.3, 523.4, 523.6
The Texas State Soil and Water Conservation Board (TSSWCB)
proposes amendments to 31 TAC Chapter 523 concerning water quality management
plans (WQMP). The proposed amendment changes the name of the USDA Soil Conservation
Service to USDA Natural Resource Conservation Service in 31 TAC §523.3(d)
and §523.4(c) to reflect a name change in that federal agency.
The proposed amendment adds language to §523.3(b) that specifies the
conditions under which an existing WQMP should be amended: change of land
use, significant change of acreage, alteration of planned permanent practice
measures, changes identified by research and technology needed to meet water
quality standards, when more stringent measures become necessary to meet water
quality standards.
The proposed amendment clarifies §523.6(e), the definition of an eligible
person for receiving cost-share by requiring a certified WQMP as a condition
of eligibility.
Language is added to §523.6(e) which establishes limited conditions,
on a case-by-case basis with approval by the State Board, under which an eligible
person may receive more than one cost-share payment for an operating unit:
(a) research and new technology indicate a plan modification to include additional
measures is needed to meet water quality standards, (b) the operating unit
is significantly increased in size by the addition of new land areas, or (c)
more stringent measures become necessary to meet water quality standards.
These changes are needed to allow flexibility in the WQMP program to adapt
to changes in the State's nonpoint source pollution as they occur.
James Moore, Assistant Executive Director, Conservation Programs, has determined
that for the first five-year period the rules are in effect, there will be
no fiscal implications for state or local government as a result of administering
the sections.
James Moore, Assistant Executive Director, Conservation Programs, has determined
that for each year of the first five years the sections are in effect, the
public benefit anticipated as a result of administering the sections will
be more effective attainment of state water quality standards in impaired
stream segments in the State's surface waters. There is no anticipated cost
to small businesses or individuals resulting from these proposed amendments.
The proposed amendments are subject to the Texas Coastal Management Program
(CMP) and must be consistent with all applicable CMP goals and policies.
Comments on the proposal may be submitted in writing to Robert G. Buckley,
Executive Director, Texas State Soil and Water Conservation Board, P.O. Box
511, Temple, TX 76503, (254) 773-2250.
The amendments are proposed under Chapter 201.020 Agriculture
Code which provides the Texas State Soil and Water Conservation Board with
the authority to adopt rules as necessary for the performance of its functions
under the Agriculture code.
No other statutes, articles, or codes are affected by these amendments.
§523.3.Water Quality Management Plans.
(a)
(No change.)
(b)
A water quality management plan should
be modified when there is a land use change of any part of the operating unit;
an addition or deletion of significant acreage to or from the operating unit
covered by the water quality management plan; alteration of planned permanent
practice measures including addition or deletion of such; changes identified
by research and advanced technology as being needed to meet water quality
standards; or when more stringent measures become necessary to meet water
quality standards.
(c)
[
(b)
] Process for obtaining a Water
Quality Management Plan.
(1)
Landowners and operators may request the development of
a plan or plan modification by the local soil and water conservation district.
Landowners and operators, following consultation with their soil and water
conservation district, will be encouraged and aided in working with the district
in the preparation of a plan or plan modification based on standards adopted
by the State Board to prevent or abate their nonpoint source pollution.
(2)
The soil and water conservation district will determine
the priority of plan development or plan modification and subsequently cause
the development and approval of the plan or plan modification.
(3)
Landowners and operators may appeal district decisions
relative to practices and practice standards to the State Board in the manner
prescribed by the Board.
(4)
When determined to be consistent with state water
quality standards, taking into account the state of existing technology, economic
feasibility and water quality needs, the State Board will certify the plan
or plan modification.
(d)
[
(c)
] Practice selection.
(1)
Practices eligible for water quality management planning
will be selected by the State Board in consultation with the soil and water
conservation district.
(2)
Practices will address activities determined by the
State Board in consultation with the soil and water conservation district
to be in need of pollution prevention or abatement.
(3)
Insofar as practicable, those practices shall be consistent
with the Agricultural and Silvicultural Nonpoint Source Management Program
developed by the State Board pursuant to the Federal Clean Water Act, §319
and CZARA §6217.
(e)
[
(d)
] Practice standards.
(1)
Practice standards will be based on specific local conditions.
(2)
Practice standards will be based on criteria in the
Natural Resource Conservation Service
[
Soil Conservation Service
], Field Office Technical Guide; however, modification of those practice
standards to ensure consistency with state water quality standards and the
state agricultural and silvicultural nonpoint source management program will
be made as necessary.
(3)
Practice standards will be developed in consultation
with the local soil and water conservation district, with assistance and advice
of the USDA, the
Natural Resource Conservation Service
[
Soil
Conservation Service
], Texas Agricultural Extension Service, Texas Forest
Service, Texas Agricultural Experiment Station, Texas Natural Resource Conservation
Commission, the local underground water conservation district and others as
determined to be needed by the State Board.
(f)
[
(e)
] Implementation schedule.
(1)
A Water Quality Management Plan must contain an implementation
schedule.
(2)
The implementation schedule will, as far as is practicable,
balance the state's need for protecting water quality with need of agricultural
and silvicultural producers to have sufficient time to implement practices
in an economically feasible manner.
(3)
Highest priority will be given to the implementation
of the most cost effective and most needed pollution abatement practices.
(4)
The State Board in consultation with affected soil
and water conservation districts will conduct an annual status review of plan
implementation.
(5)
The State Board in consultation with the local soil
and water conservation districts may withdraw certification of a water quality
management plan that is not being implemented in accordance with its schedule.
Prior to certification being withdrawn, a landowner will be notified and provided
a reasonable period of time to implement the water quality management plan
according to the schedule or a modified schedule approved by the soil and
water conservation district.
(6)
The holder of a certified water quality management
plan shall notify the local soil and water conservation district in the event
he or she deviates from the implementation schedule.
(g)
[
(f)
] Applicability of state water
quality standards. To the extent allowed by available technology, water quality
management plan development, approval and certification will be based on state
water quality standards as established by the Texas Natural Resources Conservation
Commission.
§523.4.Resolution of Complaints.
Complaints concerning the violation of a Water Quality Management Plan
or a violation of a law or rule relating to nonpoint source pollution will
be addressed as follows.
(1) - (2)
(No change.)
(3)
Corrective action plan. Once the determination of
the need for action is made, a corrective action plan will be developed.
(A) - (B)
(No change.)
(C)
The corrective action plan will be developed with the technical
assistance from the
Natural Resource Conservation Service
[
Soil Conservation Service
], Texas Agricultural Extension Service, Texas
Forest Service, the local underground water conservation district, and/or
State Board as appropriate.
(4)
(No change.)
§523.6.Cost-Share Assistance for Soil and Water Conservation Land Improvement Measures.
(a) - (d)
(No change.)
(e)
Eligibility for Cost-Share Assistance
(1)
Eligible person. Any individual, partnership, administrator
for a trust or estate, family-owned corporation, or other legal entity who
as an owner, lessee, tenant, or sharecropper, participates in an agricultural
or silvicultural operation
and has a certified water quality management
plan on an operating unit within the
[
within a
] SWCD shall
be eligible for cost-share assistance.
(2)
In accordance with the
terms of the maintenance agreement an eligible person may receive cost share
only once for an operating unit. The State Board on a case by case, project
or watershed basis in consultation with the soil and water conservation district
may grant a waiver to this requirement in situations where:
(A)
Research and/or advanced technology indicates
a plan modification to include additional measures to meet water quality standards
is needed;
(B)
The operating unit is significantly increased
in size by the addition of new land areas that require conservation land treatment
measures in order to meet water quality standards;
(C)
More stringent measures become necessary to
meet water quality standards.
(3)
[
(2)
] Eligible land. Any
of the following categories of land shall be eligible for cost-share assistance:
(A)
Land within the State that is privately owned by an eligible
person.
(B)
Land leased by an eligible person over which he has adequate
control and which land is utilized as a part of his operating unit.
(C)
Land owned by the State, a political subdivision of the
State, or a nonprofit organization that holds land in trust for the state.
(4)
[
(3)
] Ineligible lands.
Allocated funds shall not be used:
(A)
To reimburse other units of government for implementing
conservation land treatment measures.
(B)
On privately owned land not used for agricultural or silvicultural
production.
(5)
[
(4)
] Eligible purposes.
Cost-share assistance shall be available only for those conservation land
treatment measures included in an approved resource management plan and determined
to be needed by the SWCD to:
(A)
Reduce erosion, and/or
(B)
Improve water quality and/or quantity.
(6)
[
(5)
] Eligible practices.
Conservation land treatment measures which the State Board has approved and
which are included in the applicant's approved resource management plan shall
be eligible for cost-share assistance. The list of eligible practices will
be approved by the State Board at the beginning of each fiscal year. The SWCDs
shall designate their list of eligible practices from those practices approved
by the State Board. SWCDs may request the State Board's approval to offer
conservation land treatment measures not included in the State Board's list
of approved practices. The use of special conservation land treatment measures
is limited to those measures that can solve unique problems in a SWCD and
which conforms with one or more of the purposes of the cost-share program.
Requests for special conservation land treatment measures will be filed in
writing with the State Board in time to obtain action and notification in
writing from the State Board of its decision(s) prior to announcing the cost-share
program locally for the program year. Conservation land treatment measures
may be included in a SWCD's list of eligible practices offered for cost-share
assistance only as approved by the State Board.
(7)
[
(6)
] Requirement to file an
application. In order to qualify for cost-share assistance, an eligible person
shall file an application with the local soil and water conservation district.
(8)
[
(7)
] Persons authorized to
sign applications and agreements. All applications and agreements shall be
signed by:
(A)
The eligible person;
(B)
Any person designated to represent the eligible person,
provided an appropriate notarized durable power of attorney has been filed
with the SWCD office, or;
(C)
The responsible person or administrator, in cases of trusts
or estates, provided that letters of administration or letters of testamentary
have been submitted to the SWCD in lieu of a power of attorney.
(f) - (i)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on February 29, 2000.
TRD-200001532
Robert G. Buckley
Executive Director
Texas State and Soil Water Conservation Board
Earliest possible date of adoption: April 16, 2000
For further information, please call: (254) 773-2250