Texas Commission on Environmental Quality
Title 30, Part 1
The Texas Commission on Environmental Quality (commission) files this notice
of intention to review and proposes the readoption of Chapter 309, Domestic
Wastewater Effluent Limitation and Plant Siting.
This review of Chapter 309 is proposed in accordance with the requirements
of Texas Government Code, §2001.039, which requires state agencies to
review and consider for readoption each of their rules every four years. The
review must include an assessment of whether the reasons for the rules continue
to exist.
CHAPTER SUMMARY
Chapter 309 provides for effluent limitations for domestic wastewater in
Subchapter A, location standards in Subchapter B, and land disposal of sewage
effluent in Subchapter C. Subchapter A includes effluent quality limitations
for treated domestic sewage which will be required for permittees as appropriate
to maintain water quality in accordance with the commission's surface water
quality standards. Subchapter B establishes minimum standards for the location
of domestic wastewater treatment facilities including definitions, considerations
for determining site selection, and unsuitable site characteristics. Subchapter
C outlines the components of a required technical report for the design of
the wastewater disposal system as well as the requirements of irrigation disposal
systems and percolation disposal systems.
PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO
EXIST
The commission conducted a preliminary review and determined that the reasons
for the rules in Chapter 309 continue to exist. The rules are needed to provide
regulations to support the state water quality management program regarding
domestic wastewater treatment facilities to minimize possible contamination
of ground and surface water and the possibility of exposing the public to
nuisance or unhealthful conditions. The rules are needed under Texas Water
Code, §5.103, which provides the commission's authority to adopt any
rules necessary to carry out its powers and duties under the laws of Texas; §5.105,
which provides the commission's authority to, by rule, establish and approve
general policy of the commission; §5.120, which provides the commission's
authority to administer the law to promote conservation and protection of
the quality of the environment; §26.034, which provides the commission's
authority to adopt rules for the approval of disposal system plans; and §26.041,
which provides the commission's authority to set standards to prevent the
discharge of waste that is injurious to the public health.
PUBLIC COMMENT
This proposal is limited to the review in accordance with the requirements
of Texas Government Code, §2001.039. The commission invites public comment
on whether the reasons for the rules in Chapter 309 continue to exist. Comments
may be submitted to Angela Slupe, Office of Environmental Policy, Analysis,
and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711- 3087 or faxed
to (512) 239-4808. All comments should reference Rule Log Number 2003-007-309-
WT. Comments must be received in writing by 5:00 p.m., February 17, 2003.
For further information or questions concerning this proposal, please contact
Deborah Dyer, Policy and Regulations Division, at (512) 239-3972.
TRD-200300020
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: January 3, 2003