30 TAC §§321.271-321.280
The Texas Natural Resource Conservation Commission (commission)
proposes new Subchapter O, §§321.271-321.280, relating to the authorization
by rule of discharges to waters in the state from certain aquaculture production
facilities.
BRIEF EXPLANATION OF THE RULE.
The purpose of the proposed new Subchapter O is to streamline the current
permitting process by authorizing by rule certain activities, thereby eliminating
the need for individually issued commission permits for a subset of specific
wastewater discharge and waste handling facilities. The proposed sections
cover activities that are now subject to individual permits. In developing
these regulations, the commission is specifying which particular aquaculture
production facilities may be authorized by individual permit, those which
may be authorized by rule, and those which may be subject to a case-by-case
review with an ultimate decision by the commission on whether to authorize
a discharge by permit, by rule with a registration, or by rule being exempt.
The commission has chosen to retain the policy of individually reviewing
permit applications for proposed aquaculture discharges located in the coastal
zone. This increased scrutiny will help address the unique issues associated
with the typically larger operations located in coastal waters. It will also
help monitor the type of species being produced and help assess the impacts
on native species and coastal water quality caused by coastal aquaculture
facilities. Those facilities authorized by rule would be categorized as posing
a low risk of harm to human health and the environment, and would represent
a significant demand on agency resources if permitted individually. Such
activities may be authorized by rule as provided by §26.040 of the Texas
Water Code.
Wastewater effluent quality will be controlled under the proposed rule
by requiring specific design and operational best management practices and
specific discharge requirements at aquaculture facilities. The proposed rule
also requires that an individual commission permit must be obtained if a
facility cannot adequately control waste by utilizing the best management
practices provided by this subchapter. Also, facilities are required to be
operated in a manner that will prevent the creation of a nuisance or condition
of air pollution, as provided by Chapters 341 and 382 of the Texas Health
and Safety Code.
Proposed new §321.271, relating to Definitions, defines terms that
are used throughout 30 TAC Chapter 321, Subchapter O. The definition for
the coastal zone is consistent with the Texas Coastal Management Program.
Proposed new §321.272, relating to Purpose and Applicability, identifies
the manner by which facilities may be authorized to discharge their wastewater:
permit issuance, registration issuance, and exemption from permit or registration.
Some facilities will be subject to a case-by-case review by the commission
to determine which process they must follow.
Proposed new §321.273, relating to Certificate of Registration and
Public Notice, delineates the application and review process for a certificate
of registration, specifies when a registrant must notify the executive director
of changes proposed at a facility, and includes a public notice provision.
Proposed new §321.274, relating to Ground-Water Protection, specifies
liner requirements applicable to production and wastewater management ponds
at facilities regulated under this subchapter.
Proposed new §321.275, relating to Waste Utilization or Disposal by
Land Application of Wastewater and Pond Bottom Sludges, provides requirements
for on-site and off-site management of solid waste, specifies irrigation
and land application requirements for solid waste and wastewater, and describes
nuisance control provisions when solid waste or wastewater is handled.
Proposed new §321.276, relating to the Edwards Aquifer, specifies
that regulations in 30 TAC Chapter 313 (relating to the Edwards Aquifer)
apply to certain facilities registered under this subchapter.
Proposed new §321.277, relating to Required Best Management Practices
and Specific Requirements for Discharge, delineates operational measures,
analytical sampling, and reporting requirements which facilities registered
under this subchapter must follow.
Proposed new §321.278, relating to General Requirements, provides
certain effluent monitoring, effluent quality criteria, disease abatement
requirements, operational requirements, recordkeeping, and notification requirements.
This section also provides odor and nuisance control requirements that are
intended to ensure compliance with Chapters 341 and 382 of the Texas Health
and Safety Code.
Proposed new §321.279, relating to Enforcement and Revocation, provides
for enforcement and revocation actions by the commission.
Proposed new §321.280, relating to Annual Waste Treatment Fee, provides
for the assessment of a fee to be collected by the TNRCC from each registrant,
in accordance with the Texas Water Code, §26.0291, and the general wastewater
facility fee provisions found in §§305.501-305.507 of this title
(relating to Waste Treatment Fee Program).
FISCAL NOTE.
Stephen Minick, Strategic Planning and Appropriations Division, has determined
that for the first five years in which these sections as proposed are in
effect, the enforcement and administration of the sections will have fiscal
implications. The effect of the proposed sections will be to regulate by
rule rather than permit certain wastewater treatment facilities. The effect
on state government will be a reduction in those costs typically incurred
by the commission that are associated with the review and approval of permit
applications. Under the proposed regulations, less staff resources will be
required to process requests for registration than would be necessary for
the processing of permit applications. Costs associated with monitoring and
compliance activities, however, will stay the same. While a net cost saving
is anticipated, the actual number of facilities that will be subject to the
proposed sections and thus the actual cost savings, cannot be determined.
There are no additional costs anticipated for local governments. Consistent
with the proposed rules, local governments may operate some aquaculture facilities
for which permits will not be required. The cost savings to these political
subdivisions will be equivalent to those savings realized by any applicant
qualifying for a certificate of registration rather than being subject to
individual permit requirements. Moreover, owners or operators of facilities
qualifying for authorization by rule will potentially realize savings related
to the costs of preparing permit applications and participating in the approval
process. These savings may also result from a decreased need for legal services
related to public hearings and may also include a time savings from the accelerated
and streamlined approval process. These savings will vary on a case-by-case
basis depending on the particular facility, its size and complexity, and
the extent to which it qualifies under the proposed rule. These savings cannot
be determined accurately at this time. However, it is anticipated that savings
of $2,000 to $5,000 will be typical of most facilities, while savings of
up to $25,000 could potentially be available in some circumstances. The minimum
savings realized by affected parties is anticipated to be approximately $1,000.
The savings to businesses will apply equally to small businesses as well
as to larger operations based on these factors.
PUBLIC BENEFIT.
Mr. Minick has also determined that for the first five years these sections
as proposed are in effect, the public benefit anticipated as a result of
enforcement of and compliance with the sections will consist of improvements
in the processes and procedures related to authorization of wastewater discharges,
more efficient use of the public resources available for regulation of wastewater
facilities, and improved protection of the quality of the surface water resources
of the state. There are no known costs to individuals required to comply
with these sections as proposed.
TAKINGS IMPACT ASSESSMENT.
The commission has prepared a Takings Impact Assessment for these rules
pursuant to Texas Government Code, §2007.043. The following is a summary
of that assessment. The specific purpose of the proposed rule is to ease
the burden on the commission and those regulated by the rule in authorizing
certain aquaculture discharges. The rules will substantially advance this
specific purpose by streamlining the current permitting process by authorizing
by rule certain activities. Promulgation and enforcement of these rules will
not affect private real property that is the subject of these rules because
the change does not restrict or limit the owner's right to the property that
would otherwise exist in the absence of the rulemaking.
PUBLIC HEARING.
A public hearing on the proposal will be held January 28, 1997 at 2:00
p.m. in Room 2210 of commission Building F, located at 12100 Park 35 Circle,
Austin. The hearing is structured for the receipt of oral or written comments
by interested persons. Individuals may present oral statements when called
upon in the order of registration. Open discussion within the audience will
not occur during the hearing; however, a commission staff member will be
available to discuss the proposal 30 minutes prior to the hearing and will
answer questions before and after the hearing.
SUBMITTAL OF COMMENTS.
Written comments on the proposal should refer to Rule Log No. 96171-321-WT
and may be submitted to Lutrecia Oshoko, Texas Natural Resource Conservation
Commission, Office of Policy and Regulatory Development, MC 205, P. O. Box
13087, Austin, Texas 78711-3087, (512) 239-4640. Comments may also be faxed
to (512) 239-5687. Written comments must be received by 5:00 p.m. 30 days
from the date of publication of this proposal in the
Texas Register
. For further information concerning this proposal,
please contact Stephen Ligon, Wastewater Permits Section, Agriculture and
Watershed Management Division, at (512) 239-4527.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
STATUTORY AUTHORITY The new sections are proposed under the Texas
Water Code, §5.102, which provides the commission with general powers
to carry out duties under the Texas Water Code, and §§5.103, 5.105
and 5.120 which provide the commission with the authority to adopt any rules
necessary to carry out the powers and duties under the provisions of the
Texas Water Code and other laws of this state and to establish and approve
all general policies of the commission.
Additionally, these sections are proposed pursuant to the Texas Water Code,
§26.040 which provides the commission with the authority to regulate
certain waste discharges by rule and set the requirements and conditions
of the discharges of waste.
§321.271. Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
Aquaculture facility or aquaculture production facility
- An establishment engaged in the propagation and/or rearing of aquatic
species which utilizes ponds, lakes, fabricated tanks and raceways, or other
similar structures. Individually owned, managed, or leased ponds may be considered
as a single aquaculture facility if they are located within a contiguous
tract of land, utilize a common water source, or utilize a common discharge
canal/route. For the purposes of this subchapter, an aquaculture facility
does not include cages or other enclosures placed within public waters for
the propagation or rearing of aquatic species, or public and private reservoirs
constructed and utilized primarily for water supply, flood control, domestic
purposes, livestock watering, recreation, or similar uses.
Aquatic species
- Fish, crustaceans, mollusks, or any other
organisms occurring within either fresh or salt waters.
Best Management Practices (BMP)
- Schedule of activities,
maintenance procedures, and other management practices to prevent or reduce
the pollution of water in the state. BMPs also include treatment requirements
operating procedures, and practices to control site runoff, spillage or leaks,
sludge or waste disposal, drainage from raw material storage, or the abatement
of nuisance odors and conditions. BMPs are those measures that are reasonable
and necessary to achieve a performance standard that protects and maintains
air and water quality standards as well as existing and potential uses of
ground-water.
Closed ponds
- Ponds (or lakes) without a mechanism to manipulate
water levels (except for emergency spillways and other similar non-mechanical
structures) or those ponds that are operated such that drawdowns are not
allowed. If the use of ground-water wells or the diversion of surface water
results in dry-weather discharges, such ponds are not defined as closed ponds.
Coastal zone
- That area along the Texas coast of the Gulf
of Mexico as depicted in this definition. The boundary is consistent with
the definition found in the Texas Coastal Management Plan, and includes areas
within the following Texas counties: Cameron, Willacy, Kenedy, Kleberg, Nueces,
San Patricio, Aransas, Refugio, Calhoun, Victoria, Jackson, Matagorda, Brazoria,
Galveston, Harris, Chambers, Liberty, Jefferson, and Orange.
Figure 1: 30 TAC §321.271.
(A)
The inland boundary is delineated as: The boundary
begins at the International Toll Bridge in Brownsville, thence northward
along U.S. Highway 77 to the junction of Paredes Lines Road (FM Road 1847)
in Brownsville, thence northward along FM Road 1847 to the junction of FM
Road 106 east of Rio Hondo, thence westward along FM Road 106 to the junction
of FM Road 508 in Rio Hondo, thence northward along FM Road 508 to the junction
of FM Road 1420, thence northward along FM Road 1420 to the junction of State
Highway 186 east of Raymondville, thence westward along State Highway 186
to the junction of U.S. Highway 77 near Raymondville, thence northward along
U.S. Highway 77 to the junction of FM Road 774 in Refugio, thence eastward
along FM Road 774 to the junction of State Highway 35 south of Tivoli, thence
northward along State Highway 35 to the junction of State Highway 185 between
Bloomington and Seadrift, thence northwestward along State Highway 185 to
the junction of FM Road 616 in Bloomington, thence northeastward along FM
Road 616 to the junction of State Highway 35 east of Blessing, thence southward
along State Highway 35 to the junction of FM Road 521 north of Palacios,
thence northeastward along FM Road 521 to the junction of State Highway 36
south of Brazoria, thence northward along State Highway 36 to the junction
of State Highway 332 in Brazoria, thence eastward along State Highway 332
to the junction FM Road 2004 in Lake Jackson, thence northeastward along
FM Road 2004 to the junction of Interstate Highway 45 between Dickinson and
La Marque, thence northwestward along Interstate Highway 45 to the junction
of Interstate Highway 610 in Houston, thence east and northward along Interstate
Highway 610 to the junction of Interstate Highway 10 in Houston, thence eastward
along Interstate Highway 10 to the Louisiana State line.
(B)
The tidal boundary is delineated as: The boundary
runs a distance of 100 yards inland from the mean high tide lines along each
of the following tidal river and stream segments from the points where they
intersect the roadway boundary described in subparagraph (A) of this definition:
(i)
on the Arroyo Colorado,
to a point 100 meters (110 yards) downstream of Cemetery Road south of Port
Harlingen in Cameron County;
(ii)
on the Nueces River,
to Calallen Dam 1.7 kilometers (1.1 miles) upstream of U.S. Highway 77 in
Nueces/San Patricio County;
(iii)
on the Guadalupe River,
to the Guadalupe-Blanco River Authority Salt Water Barrier 0.7 kilometers
(0.4 mile) downstream of the confluence of the San Antonio River in Calhoun
and Refugio Counties;
(iv)
on the Lavaca River,
to a point 8.6 kilometers (5.3 miles) downstream of U.S. Highway 59 in Jackson
County;
(v)
on the Navidad River,
to Palmetto Bend Dam in Jackson County;
(vi)
on Tres Palacios Creek,
to a point 0.6 kilometer (1.0 mile) upstream of the confluence of Wilson
Creek in Matagorda County;
(vii)
on the Colorado River,
to a point 2.1 kilometers (1.3 miles) downstream of the Missouri-Pacific
Railroad in Matagorda County;
(viii)
on the San Bernard
River, to a point 3.2 kilometers (2.0 miles) upstream of State Highway 35
in Brazoria County;
(ix)
on Chocolate Bayou, to
a point 4.2 kilometers (2.6 miles) downstream of State Highway 35 in Brazoria
County;
(x)
on Clear Creek, to a point
100 meters (110 yards) upstream of FM Road 528 in Galveston/Harris County;
(xi)
on Buffalo Bayou, to
a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County;
(xii)
on the San Jacinto River,
to Lake Houston Dam in Harris County;
(xiii)
on Cedar Bayou, to
a point 2.2 kilometers (1.4 miles) upstream of Interstate Highway 10 in Chambers/Harris
County;
(xiv)
on the Trinity River,
to a point 3.1 kilometers (1.9 miles) downstream of U.S. Highway 90 in Liberty
County;
(xv)
on the Neches River,
to a point 11.3 kilometers (7.0 miles) upstream of Interstate Highway 10
in Orange County;
(xvi)
on the Sabine River,
to Morgan Bluff in Orange County.
(C)
The wetlands portion of the boundary is delineated
as: Except for the part of the boundary adjacent to the Trinity and Neches
Rivers, the boundary includes wetland lying one mile inland of the mean high
tide lines of the tidal river and stream segments identified in the description
of the tidal boundary, subparagraph (B) of this section.
(i)
Adjacent to the Trinity
River, the boundary includes wetlands within the area located between the
mean high tide line on the western shoreline of the river and FM Road 565
and FM Road 1409, and wetlands within the area located between the mean high
tide line on the eastern shoreline of that portion of the river and FM Road
563.
(ii)
Adjacent to the Neches
River, the boundary includes wetlands within one mile of the mean high tide
line on the western shoreline of the river, and wetlands within the area
located between the mean high tide line on the eastern shoreline of that
portion of the river and FM Road 105.
(D)
The boundary with the State of Louisiana is
delineated as: The boundary begins in Orange County at Morgans Bluff, the
northernmost extent of tidal influence, along the adjudicated boundary between
the State of Texas and the State of Louisiana; thence it continues in a southerly
direction along the adjudicated boundary out into the Gulf of Mexico until
it intersects the seaward boundary.
(E)
The seaward boundary is delineated as: That line
marking the seaward limit of Texas title and ownership under the Submerged
Lands Act (43 United States Code (U.S.C.) §1301 et seq).
(F)
The boundary with the Republic of Mexico is delineated
as: The boundary begins at a point three marine leagues into the Gulf of
Mexico where the line marking the seaward limit of Texas title and ownership
under the Submerged Lands Act (43 U.S.C. §§1301 et seq) intersects
the international boundary between the United States and the Republic of
Mexico; thence it continues in a westerly direction along the international
border with the Republic of Mexico until it meets the International Toll
Bridge in Brownsville.
Cold water aquatic species
- Fish in the family Salmonidae
(trout and salmon).
Daily average flow
- The arithmetic average of all determinations
of the daily discharge within a period of one calendar month. The daily average
flow determination shall consist of determinations made on at least four
separate days. If instantaneous measurements are used to determine the daily
discharge, the determination shall be the arithmetic average of all instantaneous
measurements taken during that month. Daily average flow determination for
intermittent discharges shall consist of a minimum of three flow determinations
on days of discharge.
Daily maximum concentration
- The maximum concentration
measured on a single day within a period of one calendar month.
Domestic sewage
- Waterborne human waste and waste from
domestic activities such as washing, bathing, and food preparation.
Edwards Aquifer
- That portion of an arcuate belt of porous,
water-bearing, predominantly carbonate rocks known as the Edwards and Associated
Limestones in the Balcones Fault Zone trending from west to east to northeast
in Kinney, Uvalde, Medina, Bexar, Comal, Hays, Travis, and Williamson Counties;
and composed of the Salmon Peak Limestone, McKnight Formation, West Nueces
Formation, Devil's River Limestone, Person Formation, Kainer Formation, Edwards
Formation, and Georgetown Formation. The permeable aquifer units generally
overlie the less-permeable Glen Rose Formation to the south, overlie the
less-permeable Comanche Peak and Walnut Formations north of the Colorado
River, and underlie the less-permeable Del Rio Clay regionally.
Edwards Aquifer Recharge Zone
- Generally, that area where
the stratigraphic units constituting the Edwards Aquifer crop out, including
the outcrops of other geologic formations in proximity to the Edwards Aquifer,
where caves, sinkholes, faults, fractures, or other permeable features would
create a potential for recharge of surface waters into the Edwards Aquifer.
The recharge zone is identified as that area designated as such on official
maps located in the offices of the Texas Natural Resource Conservation Commission
and the appropriate underground water conservation district.
Existing facilities
- Aquaculture production facilities
in active operation and in the process of discharging wastewater, prior to
the effective date of these rules.
Grab sample
- An individual sample collected in less than
15 minutes. mg/l - Abbreviation for milligrams per liter.
New facilities
- Aquaculture production facilities not in
active operation prior to the effective date of these rules.
Nuisance
- Any emission of air contaminant(s), including
but not limited to odors, that is of sufficient concentration and duration
so as to be injurious or potentially injurious to human health or welfare,
animal life, vegetation, or property, or which interferes with the normal
use and enjoyment of animal life, vegetation, or property.
Operator
- Any person or entity in control of or having
responsibility for the daily operation of an aquaculture production facility.
Pond bottom sludges
- Accumulations of silt, soils, and
other matter in the bottom of ponds.
Process controls
- Structures, technologies, and practices
utilized to control the rate, volume, or quality of a discharge.
Production pond
- Earthen ponds, raceways, fabricated tanks,
or similar structures utilized in conjunction with the propagation or rearing
of aquatic species.
Production
- Weight of aquatic species as measured following
harvest and prior to processing.
Publicly owned treatment works or "POTW"
- A treatment works
owned and operated by a state or municipality which includes any device or
systems used in the storage, treatment, recycling, and reclamation of municipal
sewage or industrial wastes of a liquid nature. This definition includes
sewers, pipes, or other conveyances only if they convey wastewater to a POTW
providing treatment. This term also means the municipality that has jurisdiction
over indirect discharges to and discharges from such a treatment works.
Registrant
- An individual or entity authorized by the executive
director to discharge wastewater from aquaculture facilities under the terms
and requirements of a registration issued pursuant to this subchapter.
Tailwater control
- Diked or bermed area, pond or other
similar structure placed down-gradient of an irrigation site and designed
to prevent off-site runoff or runoff to waters in the state.
Total residual chlorine
- Chlorine concentration of the
wastewater when discharged.
Warm water aquatic species
- All aquatic species except
those in the family
Salmonidae
(trout and
salmon).
Wastewater management pond
- Any structure used for containment,
detainment, or treatment of wastewater, including settling ponds and canals
utilized to transport wastewater from the production pond to a settling pond
or discharge point.
Waste management unit
- Any structure used for containment,
detainment, storage, processing, or treatment of solid wastes.
Wastewater
- Water that is a result of the following operations:
(A)
propagation, rearing, or transportation of aquatic
species;
(B)
washdown, cleaning, and flushing of fabricated tanks,
raceways, ponds, and other containment structures;
(C)
washdown and cleaning of equipment; or
(D)
washing, treating, or any other direct contact with
aquatic species.
25-Year, 24-Hour rainfall event
- The maximum rainfall event
with a probable recurrence interval of once in 25 years (four percent probability
of occurrence in a given year), with a duration of 24 hours, as defined by
the National Weather Service in Technical Paper Number 40, "Rainfall Frequency
Atlas of the United States," May 1961, and subsequent amendments, or equivalent
information developed therefrom.
§321.272. Purpose and Applicability.
(a)
The purpose of this subchapter is to specify which aquaculture
facilities may be authorized by rule and which are required to obtain a permit
to discharge wastewater into or adjacent to waters in the state. Additionally,
it is the purpose of this subchapter to regulate by registration, or to exempt
from permitting or registration, certain aquaculture facilities for which
it is not practical to issue individual permits because of the general nature
of waste discharge from such facilities, and because it would be unnecessarily
burdensome to both the waste discharger and the commission to require individual
permits.
(b)
An aquaculture facility that discharges within the coastal
zone, as defined in §321.271 of this title (relating to Definitions),
and that discharges to waters in the state, may not receive authorization
for discharge under this rule and must obtain an individual permit in accordance
with Chapter 305 of this title (relating to Consolidated Permits) if the
facility contains, grows, or holds aquatic species as described in any of
the following three categories:
(1)
Cold water aquatic species in ponds, raceways, or other
similar structures that discharge at least 30 days per year but do not include:
(A)
facilities that produce less than 20,000 pounds harvest
weight of aquatic species per year; and
(B)
facilities that feed less than 5,000 pounds of food during
the calendar month of maximum feeding.
(2)
Warm water aquatic species in ponds, raceways,
or other similar structures that discharge at least 30 days per year but
does not include:
(A)
closed ponds that discharge only during periods of excess
storm water runoff; or
(B)
facilities that produce less than 100,000 pounds harvest
weight of aquatic species per year.
(3)
Shrimp species in ponds, raceways, or other similar
structures that discharge less than 30 days per year but at a flow rate that
exceeds five million gallons on any single day of discharge.
(c)
An aquaculture facility that discharges to waters in the
state located outside of the coastal zone, as defined in §321.271 of
this title, and that is described in either subsection (b) (1), (2) or
(3)
of this section must obtain a certificate of registration
issued by the executive director unless the executive director determines
that a permit is required pursuant to subsection (d) of this section.
(d)
The executive director may designate any aquaculture facility
that discharges into or adjacent to waters in the state as required to obtain
either an individual permit or a certificate of registration, regardless
of the criteria in subsection (b) of this section. In making this designation,
the executive director shall consider, at a minimum, the following factors:
(1)
the facility's ability to protect water quality while operating
within the terms of its registration or exemption;
(2)
the location of the facility and quality of the receiving
waters in the state;
(3)
the holding, feeding, and production capacities of
the facility and the proximity of other aquaculture facilities conducting
similar operations;
(4)
the quantity and nature of the pollutants reaching
waters in the state;
(5)
the quantity and frequency of the discharge;
(6)
the results of any on-site inspection of such an aquaculture
facility;
(7)
the operation's impact upon existing and potential
uses of ground-water resources;
(8)
the operation's ability to comply with the standards
and requirements of this subchapter applicable to registrants; and
(9)
whether, because of the nature of the discharge and
the quality of the receiving waters in the state, the discharge should be
regulated by individual permit or by registration.
(e)
An aquaculture facility that is not required to obtain
a permit under subsection (b) of this section and that is not required to
obtain a registration under subsection (c) of this section shall be considered
initially as conditionally exempt. Operators of such facilities shall meet
the following requirements in order that the executive director may assess
whether the facility shall be either considered as exempt, required to obtain
an individual permit, or required to obtain a certificate of registration
in accordance with subsection (d) of this section.
(1)
The operator shall provide written notification to the
executive director prior to generating wastewater from a new facility that
meets the description of conditionally exempt. The operator of an existing
facility which meets the description of conditionally exempt must mail written
notification within 180 days of the effective date of this subchapter. Notification
shall include, at a minimum, the following information and be provided to
the executive director on approved forms:
(A)
name and address of the facility operator;
(B)
physical location of the facility as described by latitude
and longitude;
(C)
description of the discharge route of effluent from the
facility for a minimum distance of three miles;
(D)
description of the number and sizes of production ponds;
(E)
description of the quantity and frequency of the discharge;
(F)
description of the quantity and nature of the pollutants
reaching waters in the state;
(G)
description of process controls or wastewater management
ponds utilized;
(H)
list of aquatic species produced and estimated annual
production in pounds; and
(I)
proximity to other aquaculture facilities.
(2)
Following receipt of notification from a conditionally
exempt facility, the operator will be notified:
(A)
the facility is considered as exempt; or
(B)
the operator must submit additional information for evaluation;
or
(C)
an individual permit is required in accordance with subsection
(d) of this section, or
(D)
authorization by registration is required in accordance
with subsection (d) of this section.
(f)
Operators of any aquaculture facilities exempt from registration
or permit under this section must construct and manage facilities to protect
the water quality standards of surface water and the existing and potential
uses of ground-water. Any exempt facility that does not discharge wastewater
directly into surface waters, but instead disposes of wastewater adjacent
to waters in the state (such as by land application, evaporation, or irrigation)
must comply with any applicable provisions of §321.275 of this title
(relating to Waste Utilization or Disposal by Land Application of Wastewater
and Pond Bottom Sludges). Any exempt facility must additionally notify the
executive director, in writing, within 30 days of any change in control or
ownership of facilities, change or addition in the aquatic species produced,
increase in the number of production ponds, or expansion of existing production
ponds.
(g)
Operators of aquaculture facilities who would be otherwise
eligible to obtain registration under this section but who either are unable
or choose not to implement all required best management practices (BMPs)
set forth in §321.277 of this title (relating to Required Best Management
Practices) are required to apply for an individual permit under Chapter 305
of this title (relating to Consolidated Permits), within 180 days of the
date this rule takes effect.
(h)
Operators of aquaculture facilities exempt from registration
and permit under this section, who subsequently expand facilities, production,
or discharge days resulting in exceedance of the criteria in subsections
(b) and/or (c) of this section, must submit either an application for registration
or an application for individual permit within 45 days following exceedance
of the criteria.
(i)
Any new or expanding facility, which is required to obtain
either registration or an individual permit, may not commence operation of
any waste management unit without first receiving either authorization in
accordance with this subchapter, an individual permit, or authorization for
the construction.
(j)
Discharges associated with the processing of aquatic organisms
by packing as fresh or frozen product, canning, smoking, salting, drying
or otherwise curing, or rendering for use as human or animal food are not
authorized by this subchapter.
(k)
Discharges associated with the propagation or rearing of
aquatic species utilizing cages or other enclosures which are placed within
public waters are not authorized by this chapter. Operators are required
to apply for an individual permit under Chapter 305 of this title, within
180 days after the date this rule takes effect.
(l)
Registration under this rule does not convey property or
water rights of any sort and does not grant any exclusive privilege.
(m)
An existing aquaculture facility subject to permitting
or registration requirements under this section that does not hold a valid
commission wastewater discharge permit must submit an application for registration
or an application for an individual permit within 180 days after the date
this rule takes effect.
§321.273. Certificate of Registration and Public Notice.
(a)
An applicant must apply for registration on a form approved
by the executive director. A completed application shall be submitted to
the commission's Wastewater Permits Section, P.O. Box 13087 (MC-148), Austin,
Texas 78711-3087. Before issuing a certificate of registration, the executive
director will review the application to determine whether the facility operations
meet the requirements of §321.274 of this title (relating to Ground-Water
Protection), §321.275 of this title (relating to Waste Utilization or
Disposal By Land Application of Wastewater and Pond Bottom Sludge), §321.276
of this title (relating to Edwards Aquifer), and §321.277 of this title
(relating to Required Best Management Practices).
(b)
The registrant must notify the executive director, in writing,
30 days prior to any change in control or ownership of facilities, change
or addition to the aquatic species produced, increase in the number of production
ponds, or expansion of existing production ponds. The registrant must notify
the executive director, in writing, at least 30 days following harvest if
annual production exceeds criteria specified in §321.272 (b) of this
title (relating to Purpose and Applicability).
(c)
The executive director may take action on an application
to issue a certificate of registration if the following actions regarding
public notice are met.
(1)
At least 30 days prior to executive director approval of
an application and issuance of the certificate of registration, notice of
the application shall be provided at the applicant's cost:
(A)
in a newspaper regularly published and generally circulated
within the county and area where the proposed facility and discharge are
to be located;
(B)
in writing by certified mail (return receipt requested)
to the county judge of the county in which the facility is to be located
and also, when the facility is to be located within the jurisdictional boundaries
of a city or town, to the mayor of that city or town; and
(C)
in a format approved by the executive director and setting
forth the substance of the application and proposed action including, but
not limited to, the general location of any point of discharge, the method
for obtaining additional information about the application, and the method
for submitting comment on the application.
(2)
With any application for registration submitted
pursuant to this subchapter, the applicant shall also provide proof to the
executive director that public notice was provided in accordance with paragraph
(1) of this subsection. The proof shall be provided within 14 days of obtaining
the following information:
(A)
a signed affidavit from the publisher acknowledging that
the notice was published, indicating the date of publication, and providing
a copy of the newspaper clipping; and
(B)
a sworn statement from the applicant that written notice
was mailed to the entities identified in this subsection, along with a copy(s)
of the return receipt acknowledgment from the U.S. Postal Service.
(3)
The applicant shall mail the application, including
the material required by paragraph (2) of this subsection, to the commission's
Wastewater Permits Section, P.O. Box 13087 (MC 148), Austin, Texas 78711-3087.
The application shall undergo review by the executive director following
the determination that notice requirements of this section are met.
(4)
Any comments received by the executive director prior
to the end of the 30-day period, after all the of notices have been provided,
will be considered as a part of any decision of approval, denial, or modification
of a request for registration from an applicant. The executive director shall
mail notice of the final decision to the applicant and to any person who
submitted comments on the application. A person who wishes to appeal the
executive director's decision on the application shall file a motion for
reconsideration with the chief clerk of the commission within 30 days of
the date on which the executive director's letter was mailed out. The motion
shall request the commission to reconsider the executive director's decision.
A decision by the executive director is not affected by the filing of a motion
for reconsideration under this section unless expressly so ordered by the
commissioners. If a motion for reconsideration is not acted upon by the commissioners
within 45 days after the date on which the executive director mailed the
decision, the motion shall be deemed overruled. When a motion for rehearing
is overruled by commission action or pursuant to this subsection, the Texas
Government Code, §2001.146, regarding motions for rehearing in contested
cases is inapplicable and no motions for rehearing shall be filed. To the
extent applicable, the commission decision may be subject to judicial review
pursuant to the Texas Water Code, §5.351.
(5)
The executive director may deny an application for
registration based on the potential or actual adverse impact, or close proximity
to a public park, school, recreational area, spring, water supply well, surface
water supply intake, water treatment plant intake, potable water storage
facility, or sewage treatment plant. A determination of potential adverse
impact may arise from consideration of such factors as proposed flow rate,
production rate, or nature of the receiving stream. In making such a determination,
the executive director may also consider other factors, as necessary.
(d)
Public notice provisions of this section do not apply to
an existing facility that is not operating under a current commission wastewater
discharge permit if an application for registration is received by the commission
within 180 days after the date this rule takes effect.
§321.274. Ground-Water Protection.
(a)
Wastewater management ponds and production ponds that contain
water with a total dissolved solids content in excess of 2000 mg/l and all
wastewater management ponds and production ponds which are located within
the Edwards Aquifer Recharge Zone, regardless of total dissolved solids content,
shall conform to the following requirements.
(1)
All ponds whether constructed of earthen or other impervious
material shall be designed and constructed so as to prevent ground-water
contamination.
(A)
Soils used for pond lining shall be free from foreign
material such as paper, brush, trees, and large rocks. All soil liners must
be comprised of compacted material, at least 24-inches thick, compacted in
lifts not greater than six inches thick and compacted to 95 percent of Standard
Proctor Density. Soil liners must meet the following particle size gradation
and Atterberg limits: 30 percent or more passing a number 200 mesh sieve;
a liquid limit of 30 percent or greater; and a plasticity index of 15 or
greater and a permeability less than or equal to 1 X 10
-7
cm/sec.
(B)
Synthetic membrane linings shall have a minimum thickness
of 40 mils with a leak detection system.
(C)
In-situ liners at least 24-inches thick and meeting a
permeability less than or equal to 1 X 10
-7
cm/sec are acceptable alternatives to the requirements of subparagraphs (A)
and (B) of this paragraph.
(D)
In-situ or emplaced soil or compacted clay liners must
be proven, by laboratory or field testing, to retain their permeability characteristics
when exposed to the quality of water proposed to be contained in the pond,
i.e. saline or other water shall not chemically alter the liner in such a
manner that the permeability is increased over the above standard.
(E)
Certification shall be furnished by a Texas Registered
Professional Engineer that the pond lining meets the appropriate criteria
prior to utilization of the facilities.
(2)
Soils used in the construction of a pond's embankment
walls shall be free of foreign material such as paper, brush, trees, and
large rocks. Soil embankment walls shall have a top width of at least five
feet. The interior and exterior slopes of soil embankment walls shall be
no steeper than one foot vertical to three feet horizontal unless alternate
methods of slope stabilization are utilized. Soil embankment walls must be
constructed of material compacted in lifts no greater than six inches to
95 percent of Standard Proctor Density. All soil embankment walls shall be
protected by a vegetative cover or other stabilizing material to prevent
erosion. Erosion stops and water seals shall be installed on all piping penetrating
the embankments.
(b)
Production ponds and wastewater management ponds utilizing
water which will not exceed a total dissolved solids concentration of 2000
mg/l are not located within the Edwards Aquifer Recharge Zone, and those
which are not constructed in accordance with subsection (a) of this section
shall conform to the following requirements.
(1)
All ponds whether constructed of earthen or other impervious
materials shall be designed and constructed so as to prevent ground-water
contamination.
(A)
Soils used for pond lining shall be free from foreign
material such as paper, brush, trees, and large rocks. All soil liners must
be of compacted material, at least 24-inches thick, compacted in lifts no
greater than six inches and with material that has a permeability less than
or equal to 1 X 10
-4
m/sec.
(B)
Synthetic membrane linings shall have a minimum thickness
of 40 mils and a leak detection system.
(C)
In-situ liners at least 24-inches thick meeting a permeability
less than or equal to 1 X 10
-4
cm/sec are acceptable
alternatives to the requirements of subparagraphs (A) and (B) of this paragraph.
(D)
Certification shall be furnished by a Texas Registered
Professional Engineer that the pond lining meets the appropriate criteria
prior to utilization of the facilities.
(2)
Soils used in the construction of a pond's embankment
walls shall be free of foreign material such as paper, brush, trees, and
large rocks. Soil embankment walls shall have a top width of at least five
feet. The interior and exterior slopes of soil embankment walls shall be
no steeper than one foot vertical to three feet horizontal unless alternate
methods of slope stabilization are utilized. Soil embankment walls must be
constructed of material compacted in lifts not greater than six inches to
95 percent of Standard Proctor Density. All soil embankment walls shall be
protected by a vegetative cover or other stabilizing material to prevent
erosion. Erosion stops and water seals shall be installed on all piping penetrating
the embankments.
(c)
An alternative method of pond lining, which will meet the
performance standards provided by this section, may be utilized with the
prior written approval of the executive director. Suitable materials for
alternate pond linings may include impervious materials such as flexible
membrane linings, asphalt-sealed fabric liners, and bentonite sealants. Installation
of bentonite sealants and flexible membrane linings shall be in accordance
with a detailed plan which meets the conservation practice standard and specification
code 521, "Pond Sealing or Lining," of the USDA Natural Resources Conservation
Service.
(d)
A specific exemption from the ground-water protection requirements
of this section may be obtained from the executive director if, after the
review of data submitted by the applicant, the executive director determines
containment of the water in a production pond or wastewater management pond
is not necessary, considering:
(1)
soil and geologic data, and ground-water data, including
its quality, uses, quantity and yield, and
(2)
adequate demonstration that impairment of ground-water
for its actual or potential use will be prevented.
(e)
Earthen ponds in existence on the date this subchapter
becomes effective shall be exempt from the requirements of subsections (a),
(b), or (c) of this section provided that:
(1)
exemption does not conflict with permit terms and conditions
of previously issued permits that specifically require the lining of ponds,
and
(2)
operation of such ponds does not cause an adverse
impact upon ground-water.
(f)
Whenever the discharge of waste or wastewater into ground-water
occurs or is likely to occur which could cause degradation of ground-water
quality, the executive director may require compliance with the provisions
of subsections (a), (b) and (c) of this section.
§321.275. Waste Utilization or Disposal by Land Application of Wastewater and Pond Bottom Sludges.
(a)
If the registrant utilizes land application for disposal
of wastewater or solid waste, the following requirements shall apply.
(1)
Management of solid waste.
(A)
All solid waste stockpiled or retained on-site shall be
isolated from all run-on of stormwater by dikes, terraces, berms, ditches,
or other similar structures and shall be maintained so as to retain the volume
of rainfall generated by a 25-year, 24-hour storm event.
(B)
Adequate solid waste storage capacity shall be provided
and be based upon waste production.
(C)
All management of solid waste shall be conducted so as
not to create a nuisance condition.
(2)
Practices to protect ground-water.
(A)
Waste management units must be located a minimum horizontal
distance from water wells, in accordance with Chapter 290 of this title (relating
to Water Hygiene) and Chapter 338 of this title (relating to Water Well Drillers
Rules), or where those regulations do not apply, the distance to a water
well shall be a minimum of 500 feet.
(B)
When applying waste or wastewater to land, a buffer area
must be utilized around water wells to prevent the possibility of waste transport
to ground-water via the well or well casing. Wastewater may not be applied
closer than 500 feet from any drinking water well.
(3)
Utilization and disposal methods.
(A)
When applying liquid and solid waste on agricultural lands,
distribution shall be such that neither the waste nor rainfall runoff will
adversely affect the quality of waters in the state.
(B)
When irrigation disposal of wastewater is used, tailwater
controls shall be provided as necessary to prevent the release of applied
wastewater to waters in the state. Irrigation practices shall be managed
so as to reduce or minimize ponding or puddling of wastewater on the site
and to prevent contamination of waters in the state and the occurrence of
nuisance conditions.
(C)
Disposal of waste and wastewater shall be done in such
a manner as to prevent nuisance conditions.
(D)
Irrigation shall not be conducted when the ground is frozen
or saturated or during rainfall events.
(4)
Application rates. Liquid and solid waste or
wastewater shall be applied in such concentrations, and application shall
be made at such intervals, as to not inhibit the growth of crops or forage
or result in wastewater runoff.
(b)
The registrant shall comply with the following conditions
if other solid waste management occurs on-site, or if solid waste is disposed
of off-site.
(1)
The registrant shall keep management records for all sludge
(or other waste) removed for disposal. Records must include the following,
at a minimum:
(A)
volume of waste disposed of off-site;
(B)
origin and general composition of waste;
(C)
date(s) of disposal;
(D)
identity of hauler or transporter;
(E)
location of disposal site; and
(F)
method of final disposal.
(2)
The records provided by paragraph (1) of this
subsection shall be maintained on a monthly basis at the facility or shall
be readily available for inspection by authorized representatives of the
executive director for at least three years.
(c)
Removal of pond bottom sludges (or other solids) from production
ponds or wastewater management ponds shall be conducted during favorable
wind conditions that carry odors away from nearby receptors such as residences,
businesses, and public buildings. At no time shall emissions from any activity
create a nuisance.
§321.276. Edwards Aquifer.
New aquaculture production facilities located within the Edwards Aquifer
Recharge Zone or within ten miles upstream from that recharge zone must meet
all applicable requirements of and operate in accordance with Chapter 213
of this title (relating to Edwards Aquifer).
§321.277. Required Best Management Practices and Specific Requirements for Discharge.
(a)
The following Best Management Practices (BMPs) are required
and shall be utilized to abate the discharge of suspended solids and other
pollutants.
(1)
Harvest operations which utilize seining techniques may
dewater the pond without detention of the effluent to a maximum of three-fourths
the total volume of the pond or until seining operations commence, whichever
occurs first. The remaining volume of water shall be detained (either within
the same pond or transferred to a separate detainment structure) a minimum
of 48 hours prior to discharge to allow settling of solids and associated
pollutants.
(2)
Harvest operations which require complete dewatering
shall transfer the final one-fourth volume of the pond to a separate detainment
structure. This volume shall be detained a minimum of 48 hours prior to final
discharge to allow settling of solids and associated pollutants.
(3)
Exemption from the requirements of paragraphs (1)
and (2) of this subsection is allowed if the volumes of water defined by
paragraphs (1) and (2) of this subsection do not exceed a total suspended
solids concentration of 30 mg/l. Compliance shall be demonstrated by analysis
of a composite sample of the discharge. If harvest operations are conducted
upon multiple ponds within a single day, a single sample may be obtained
for laboratory analysis. Such a sample shall be obtained by combining (in
flow-weighted proportions) composite samples of discharges described in paragraphs
(1) and (2) of this subsection which originate from separate ponds.
(4)
All discharges shall be controlled such that flow
rates minimize any increase in turbidity of the receiving stream due to erosion
or suspension of sediments. Discharges shall not cause substantial and persistent
changes from ambient conditions of turbidity and color.
(5)
Earthen levees and dikes shall be vegetated or stabilized
in a manner to control erosion. Vegetation, when utilized, shall be maintained
at all times through mowing, watering, or other suitable maintenance practices.
(b)
The following BMPs are required and shall be utilized to
abate the discharge of toxic substances from maintenance of equipment and
treatment of aquatic species.
(1)
When chlorine is used for disinfection of equipment, raceways,
tanks, or other similar structures, the effluent shall not exceed 4 mg/l
total residual chlorine as measured by grab sample. The discharge of these
wastewaters shall be sampled and analyzed in accordance with requirements
of subsection (c) of this section. Test procedures shall comply with those
specified in §§319.11-319.12 of this title (relating to Sampling
and Laboratory Testing Methods and Alternate Sampling and Laboratory Testing
Methods). Large-scale disinfection (such as disinfection of production ponds,
water distribution canals or lakes) which results in discharge is not authorized
under provisions of this subchapter.
(2)
When lime is used for disinfection of production pond
bottoms, water distribution canals, and other similar facilities, there shall
be no discharge allowed until pH levels of the wastewater are adjusted to
within a range of 6.0 to 9.0 standard units.
(3)
Only drugs, medications and chemicals approved by
the United States Environmental Protection Agency (EPA) or the United States
Food and Drug Administration (FDA) for aquaculture use may be used in water
which will be discharged. Treatment shall be limited to those aquatic species
and to those purposes for which approval was granted. Treatment shall be
used only as necessary, and only as directed on the product label. The water
shall be diluted, held for a specific time, or neutralized prior to discharge
as directed on the product label or as necessary to comply with Chapter 307
of this title (relating to Texas Surface Water Quality Standards) or as needed
to be below the concentration level used for a long-term static treatment,
whichever is the lowest concentration.
(4)
Exemption from the requirements of paragraph (3) of
this subsection may be approved on a case-by-case basis by the executive
director to allow for Investigational New Animal Drug permits from the FDA.
(c)
Facilities regulated under this rule are authorized to
discharge wastewater in accordance with the following limitations and monitoring
requirements.
Figure 1: 30 TAC §321.277(c).
(1)
Unless otherwise specified in this rule, sampling and laboratory
test methods shall comply with procedures specified in §319.11 of this
title (relating to Sampling and Laboratory Testing Methods).
(2)
Results of monitoring of each constituent specified
in §321.277 of this title (relating to Required Best Management Practices
and Specific Requirements for Discharge) shall be reported by the registrant
to the commission's Agriculture and Watershed Management Division, on the
Aquaculture Production Facilities Report form approved by the executive director.
Monitoring results shall be reported to the executive director in accordance
with the following schedule.
Figure 2: 30 TAC §321.277(c)(2).
(3)
Annual production for the period of January - December
shall be reported by the registrant to the commission's Agriculture and Watershed
Management Division, on the Aquaculture Production Facilities Report form
which is due each January 31st, in accordance with paragraph (2) of this
subsection.
(4)
The registrant shall maintain results of monitoring
of each constituent specified in §321.277 of this title or the equivalent
information shall be maintained for a minimum of three years and shall make
these results readily available for review upon request.
§321.278. General Requirements.
(a)
There shall be no discharge of floating solids, no discharge
of visible oil, nor shall the discharge cause any nuisance conditions affecting
the public along the discharge route.
(b)
The discharge shall not exhibit foaming of a persistent
nature.
(c)
Sweeping or intentional flushing of accumulated solids
from raceways and fabricated tanks with discharge to waters in the state
is prohibited unless this volume is routed to and contained within a separate
detainment structure a minimum 48 hours prior to discharge to allow settling
of solids and associated pollutants.
(d)
Dewatering of ponds should be accomplished by discharge
of the uppermost portion of the water column to avoid discharge of disturbed
bottom sediments.
(e)
Chlorine disinfection wastewater and other cleaning wastewaters
should be discharged to a POTW when possible.
(f)
Records of all drugs, medications, and chemicals utilized
for treatment shall be maintained on a monthly basis at the facility or shall
be readily available for inspection by authorized representatives of the
executive director for at least three years. Records shall include treatment
concentrations, discharge concentrations, discharge volumes and dates, and
a product label, or Material Safety Data Sheet (MSDS) for each drug, medication,
or chemical utilized.
(g)
Any registrant engaged in the propagation and/or rearing
of shrimp which suffer mortalities due to apparent disease shall have the
cause of mortality diagnosed by a pathologist as soon as is practicable.
The TNRCC shall be immediately notified of the diagnosis. Any actions which
are deemed as necessary by the registrant to prevent transmission of the
disease to aquatic life endemic to waters in the state shall be implemented
as soon as is possible. The executive director may additionally require cessation
of the discharge of effluent from infected portions of the facility as is
necessary to protect aquatic life in the receiving stream from potential
adverse effects.
(h)
The reuse of pond wastewater should occur to the maximum
extent possible. Pond wastewater shall be recirculated or reused wherever
appropriate and cost effective.
(i)
The discharge of domestic sewage into or adjacent to waters
in the state is not authorized by this subchapter. All domestic sewage shall
be either discharged pursuant to an individual permit issued by the commission;
routed to an authorized and adequately designed on-site sewage facility,
POTW; or transported to an approved off-site disposal facility.
(j)
Aquaculture production facilities shall be operated in
such a manner as to prevent the creation of a nuisance or a condition of
air pollution as mandated by Chapters 341 and 382 of the Texas Health and
Safety Code.
(k)
Dead aquatic species shall be routinely removed from ponds
and properly disposed of as is required to prevent contamination of waters
in the state and to prevent a nuisance or public health hazard.
(l)
All discharges from aquaculture production facilities shall
comply with §319.22 of this title (relating to Quality Levels-Inland
Waters) or shall comply with §319.23 of this title (relating to Quality
Levels-Tidal Waters).
(m)
The facility shall take all steps necessary to prevent
any adverse effects upon human health or safety, or to the environment. The
registrant of any facility authorized under this subchapter shall report
any noncompliance with the requirements of this subchapter (including any
unauthorized discharges or overflows) which may endanger human health or
safety or the environment. Report of such information shall be provided orally
to the commission's regional office within 24 hours of becoming aware of
the noncompliance. A written submission of such information shall also be
provided to the commission's regional office and to the commission's Austin
office, Water Enforcement Section, P.O. Box 13087, (MC-149), Austin, Texas
78711-3087, within five working days of becoming aware of the noncompliance.
The written submission shall contain a description of the noncompliance and
its cause; the potential danger to human health or safety, or the environment;
the period of noncompliance, including exact dates and times; if the noncompliance
has not been corrected, the anticipated time it is expected to continue;
and steps taken or planned to reduce, eliminate, and prevent recurrence of
the noncompliance, and to mitigate its adverse effects.
§321.279. Enforcement and Revocation, Suspension, Annulment or Withdrawal.
(a)
If any registrant or facility regulated by this subchapter
fails to comply with the terms of this subchapter, the executive director
may take enforcement action as provided by Texas Water Code, §26.136
and in accordance with commission rules relating to enforcement actions.
Any person who is required to obtain a permit is subject to the standards
and requirements for actions concerning denials, revocations, and suspensions
of permits as set forth in §305.66 and §305.67 of this title. The
executive director may revoke, suspend, annul, or withdraw any registration
due to noncompliance with the requirements of this subchapter, including
the submission of false information in connection with the application. The
executive director shall give notice by personal service or by registered
or certified mail to the registration holder of facts or conduct alleged
to warrant the intended action. The registration holder shall have the opportunity
to show compliance with all requirements of law for the retention of the
license by providing such showing within 30 days of the date the executive
director's letter was mailed.
(b)
A person who wishes to appeal the executive director's
decision to revoke, suspend, annul, or withdraw a registration shall file
a letter with the chief clerk of the commission within 30 days of the date
of the executive director's letter of decision. Following such an action,
the facility shall cease any discharge until such time as the facility is
issued an individual wastewater discharge registration or permit, an emergency
order, or temporary order as provided by Chapter 305, Subchapter B, of this
title (relating to Emergency Orders, Temporary Orders, and Executive Director
Authorizations) for the discharge of wastewater into or adjacent to waters
in the state.
§321.280. Annual Waste Treatment Fee.
(a)
In accordance with §§305.501-305.507 of this
title (relating to WasteTreatment Inspection Fee Program), registrants authorized
to discharge wastes to surface waters from aquaculture production facilities
under the requirements of this subchapter shall remit to the commission an
annual waste treatment fee.
(b)
The fee, assessed annually, shall be in accordance with
the following fee rate schedule:
(1)
for any active facility, the fee shall be $500, as determined
by either the information specified on the application for registration or
on the Aquaculture Production Facilities Report forms submitted during the
calendar year;
(2)
for any inactive facility, the fee shall be $250;
and
(3)
any increased assessment above the amounts in paragraphs
(1) or (2) of this subsection shall be in accordance with regulations adopted
by the commission.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's authority to
adopt.
Issued in Austin, Texas, on January 9, 1997.
TRD-9700409
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 21, 1997
For further information, please call: (512) 239-4640