31 TAC §523.4
The Texas State Soil and Water Conservation Board (State
Board) proposes an amendment to 31 TAC §523.4 to establish a time period
for which the State Board shall refer a complaint to the Texas Commission
on Environmental Quality (TCEQ) if the person, upon whom a complaint was filed,
fails or refuses to take warranted corrective action. The time period being
established is 45 days.
Kenny Zajicek, Fiscal Officer, has determined that for the first five year
period there will be no fiscal implications for state or local government
as a result of administering this amended rule.
Mr. Zajicek has also determined that for the first five year period this
amended rule is in effect, the public benefit anticipated as a result of administering
this amended rule will be an established and consistent time period known
to any and all individuals involved with and/or concerned with our programs.
There is no anticipated cost to small businesses or individuals resulting
from this amended rule.
Comments on the proposed amended rule may be submitted in writing to Rex
Isom, Executive Director, Texas State Soil and Water Conservation Board, P.O.
Box 658, Temple, Texas 76503, (254) 773-2250, extension 231.
The amended rule is proposed under the Agriculture Code, Title
7, Chapter 201, §201.020, which authorizes the Texas State Soil and Water
Conservation Board to adopt rules that are necessary for the performance of
its functions under the Agriculture Code.
No other statutes, articles, or codes are affected by this proposal.
§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) - (3)
(No change.)
(4)
If the person upon whom the complaint was filed fails or
refuses to take warranted corrective action
within 45 days of notification
of the outcome of the investigation
, the State Board shall refer the
complaint to the Texas Commission on Environmental Quality.
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 August 11, 2005.
TRD-200503346
Mel Davis
Special Projects Coordinator
Texas State Soil and Water Conservation Board
Earliest possible date of adoption: September 25, 2005
For further information, please call: (254) 773-2250, ext. 252