PROPOSED RULES Before an agency may permanently adopt a new or amended section or repeal an existing section, a proposal detailing the action must be published in the Texas Register at least 30 days before action is taken. The 30-day time period gives interested persons an opportunity to review and make oral or written comments on the section. Also, in the case of substantive action, a public hearing must be granted if requested by at least 25 persons, a governmental subdivision or agency, or an association having at least 25 members. Symbology in proposed amendments. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 1. General Procedures Subchapter G. Interagency Agreements 4 TAC sec.1.310 The Texas Department of Agriculture (the department) proposes new sec.1. 310, concerning a joint memorandum of understanding between the Texas Department of Agriculture (the department) and the State Office of Administrative Hearings (SOAH) for the conducting of contested case hearings by SOAH for the department. The new section is proposed in order to establish, by rule, the provisions of the interagency agreement between SOAH and the department as required by sec.3.01 of Senate Bill 372, 74th Legislature, 1995, now codified at Texas Agriculture Code, sec.12.032. The new section establishes the duties of SOAH and the department in regards to the conducting of administrative hearings by SOAH, and establishes procedures for the referral of cases and conducting of hearings including provisions for providing notice of hearings, filing of documents and issuance of orders on cases. Dolores Alvarado Hibbs, chief administrative law judge, has determined that for the first five-year period the section is in effect there will be fiscal implications for state government. The dollar amount of the fiscal implications will depend on the number of hearings referred to SOAH by the department and cannot be determined at this time. The costs for hearings held by SOAH will be reimbursed by the department to SOAH pursuant to an interagency contract. There will be no fiscal implications for local government as a result of enforcing or administering the section. Ms. Hibbs also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to provide for fair and efficient procedures for both the department and SOAH to handle the referral and hearing of contested cases. There may be a minimal economic cost to persons who are required to comply with the section, primarily in regards to the filing of some documents both with SOAH and the department. There will be no difference in anticipated costs of compliance for small businesses as compared to large businesses. Comments on the proposal may be submitted to Dolores Alvarado Hibbs, Chief Administrative Law Judge, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Comment must be received no later than 30 days from the date of publication of the proposal in the Texas Register. The new section is proposed under the Texas Agriculture Code, sec.12.032, which provides the Texas Department of Agriculture with the authority to adopt by rule a memorandum of understanding under which SOAH conducts administrative hearings for the department. The Texas Agriculture Code, Chapter 12, is affected by this proposal. sec.1.310. Joint Memorandum of Understanding (MOU) Between the Texas Department of Agriculture (TDA) and the State Office of Administrative Hearings (SOAH) Concerning Procedures for Contested Cases Conducted By SOAH for TDA. (a) Statement of purpose. Texas Agriculture Code (the Code), sec.12.032, added by the 74th Legislature, provides that the Commissioner of Agriculture and the Chief Administrative Law Judge of SOAH by rule shall adopt a memorandum of understanding (MOU) under which SOAH conducts hearings for the department under the Code. This MOU is necessary to accomplish the efficient and expeditious hearing of matters under the jurisdiction of TDA by establishing the procedures to be used by each agency and clearly delineating each agency's responsibilities. Additionally, this MOU, when adopted by rule, shall inform the public of each agency's responsibilities and the procedures for the institution, conduct and determination of proceedings before SOAH on behalf of TDA. (b) General statement of duties to be performed by SOAH. (1) SOAH shall conduct for TDA all administrative hearings in contested cases under the Code, with the exception that this MOU shall not apply to hearings held under the Code, Chapter 103. Except as otherwise provided by the Code or this MOU, all hearings will be held in accordance with the Administrative Procedures Act, Government Code, sec.sec.2001.001 et seq. (2) SOAH shall handle all matters related thereto, including prehearing and post-hearing matters, the issuance of the proposal for decision, and if required, shall appear before the commissioner or his designee to present the proposal for decision. Unless specifically requested by the department, the final decision or order shall be rendered by the commissioner or his designee. At the request of TDA, SOAH shall include a proposed order with the proposal for decision, but shall not be responsible for the preparation of a final order which differs from the proposed order submitted by SOAH. (3) During the term of this MOU, SOAH shall act pursuant to Texas Government Code, sec.sec.2003.001 et seq, Texas Government Code, sec.sec.2001.001 et seq, and other applicable law. (c) Definitions. The following meanings apply to this section unless expressly stated otherwise. (1) ALJ-An administrative law judge assigned by the State Office of Administrative Hearings. (2) Code-Texas Agriculture Code. (3) Commissioner-Commissioner of agriculture or his designee. (4) Contested case-A proceeding, including but not restricted to licensing, in which the legal rights, duties, or privileges of a party are to be determined by an agency after an opportunity for administrative hearing as defined in the Government Code, sec.2001.003. (5) MOU-The Memorandum of Understanding executed by TDA and SOAH for the conducting of hearings on contested cases. (6) SOAH-The State Office of Administrative Hearings. (7) TDA-The Texas Department of Agriculture. (d) Referral of a contested case to SOAH. (1) Referral of a contested case to SOAH may be made only by TDA. The referral is initiated by filing with SOAH either a request for setting of hearing form or a request for assignment of ALJ form as provided in subparagraphs (A) and (B) of this paragraph. (A) The request for setting of hearing form shall be filed when TDA seeks to have the case set for hearing and no prehearing matters requiring resolution by an ALJ are anticipated. If prehearing matters arise after the request for setting of hearing form is filed, SOAH shall assign an ALJ to resolve the matter. (B) The request for assignment of ALJ form shall be filed when TDA anticipates the need for one or more prehearing conferences and/or the need for an ALJ's ruling on various matters prior to commencement of the hearing. If no request for setting of a hearing is included in the request for assignment of an ALJ, the date for the hearing shall be determined by the assigned ALJ. (2) At the time the referral is initiated, TDA shall also provide to SOAH: (A) all pleadings in the case, including, but not limited to, complaints, petitions, applications, motions, or such other documents describing agency action related to the contested case; (B) an accurate service list; and (C) notification of any statutory deadlines applicable to the contested case. (3) Following receipt of the request for assignment of ALJ form, SOAH shall assign the case a docket number, assign an ALJ, and notify all parties in writing of the ALJ assigned to the case. If TDA also requests a hearing date, the SOAH shall provide a date and a confirmation of the setting to TDA. Hearings shall be held at a location agreed upon by SOAH and TDA. Following receipt of the confirmation of the setting of the hearing, TDA shall send its notice of hearing. (4) In any case in which an expedited hearing is required by statute, TDA should file a request for setting of hearing within 24 hours of receipt of a request by any party. In such cases, SOAH should confirm with TDA a hearing date and docket number within 24 hours of such request. (e) Notice of hearing. (1) Upon receipt of the docket number and setting date from SOAH, TDA shall issue the initial notice of hearing as required by the Code and the Government Code, and will serve the notice of hearing by certified mail, return receipt requested, to all parties to the docketed matter. (2) Notice is governed by the Government Code, sec.2001.051 and sec.2001. 052, unless alternative procedures are permitted by law. The notice shall include the time, place, and nature of the hearing; a statement of the legal authority and jurisdiction under which the hearing is to be held; a reference to the particular sections of the statutes and any corresponding regulations to which the hearing relates; a short, plain, statement of the matters asserted; the docket number; and a certificate of service. (f) Filing requirements. Filing of documents shall be in accordance with the following. (1) Any party filing notices of hearing, staff memoranda, and pleadings (including discovery), motions, and such other filings, except motions for rehearing shall file the original with SOAH and a true and correct copy with the TDA docket clerk. Such documents shall be delivered to TDA and SOAH by the same method and on the same date. (2) All motions, except motions for rehearing, shall be addressed to SOAH. (3) All motions for rehearing shall be addressed to the commissioner and shall be filed with the TDA docket clerk, with a copy provided to SOAH. (g) Hearings. (1) Hearings, including prehearing proceedings on contested cases, shall be conducted in accordance with the Government Code, Chapter 2001, the Agriculture Code, the TDA rules of procedure, the SOAH rules of procedure, and any other applicable law and accompanying regulations. (2) In the event of any conflict between the SOAH rules of procedure and the TDA rules of procedure, the TDA rules of procedure control, unless otherwise specifically stated in the SOAH rules of procedure (see 1 TAC, sec.155.5), or other controlling law; or the judge so orders, when necessary to ensure the fair and efficient handling of a case. (3) The ALJ shall establish reasonable deadlines and procedures for the filing of affidavits, the designation of witnesses, and such other matters as are necessary or appropriate. (4) If the commissioner informally disposes of a contested case by stipulation, agreed settlement, consent order, agreed order, or default as provided in the Code, the Government Code, sec.2001.056, and TDA rules, the TDA docket clerk shall file a request to withdraw the case from the SOAH docket and include a copy of the order. SOAH shall then issue an order withdrawing the case from the SOAH docket. (5) Hearings shall be recorded in the manner agreed to by SOAH and TDA. (h) Final orders. (1) The ALJ shall prepare and issue the proposal for decision and a proposed order. The proposal for decision shall include proposed findings of fact and conclusions of law. The commissioner may not attempt to influence the ALJ's findings of fact, conclusions of law, or the ALJ's application of the law to the facts in any proceedings. Unless otherwise provided by statute, the ALJ shall issue a proposal for decision and proposed order no later than the 60th day after the date the record is finally closed, unless the ALJ specifies at the conclusion of the hearing a longer period of time in which the proposal for decision and proposed order may be issued. (2) The ALJ shall submit the proposal for decision and the proposed order to the commissioner and shall serve true and correct copies of the proposal for decision and the proposed order by registered mail upon the parties. (3) The ALJ may amend the proposal for decision and proposed order pursuant to exceptions, briefs, and reply briefs without the proposal for decision and proposed order again being served on the parties. The ALJ shall promptly provide a copy of any amended proposal for decision and proposed orders to the commissioner and all parties. Upon request of the commissioner, the ALJ shall also provide an electronic copy of the proposed order to the commissioner. (4) The commissioner may consider the proposal for decision and proposed order prepared by the ALJ, the exceptions, briefs, reply briefs, and the arguments of the parties entirely upon written submission. (5) For actions brought under the Code, sec.12.020, the commissioner may change a finding of fact or conclusion of law made by the ALJ if the commissioner: (A) determines that the ALJ: (i) did not properly apply or interpret applicable law, department rules or policies, or prior administrative decisions; or (ii) issued a finding of fact that is not supported by a preponderance of the evidence; or (B) determines that a department policy or a prior administrative decision on which the ALJ relied is incorrect or should be changed. (6) The commissioner shall state in writing the specific reason and legal basis for a determination under paragraph (5) of this subsection. (7) If the commissioner seeks clarification or additional information relating to the proposed order, the commissioner may send written questions, including a request to reopen the hearing if necessary to the ALJ with copies to all parties of record. If the information necessary to respond to the commissioner's questions is not already in evidence, the commissioner may remand the case to the ALJ for further hearing and the ALJ shall notify all parties of record of the remand. (8) Upon the issuance of any order that may become final under the Government Code, sec.2001.142, TDA's docket clerk shall send a copy of the order by first class mail, pursuant to the Government Code, sec.2001.142, to the parties or their representatives, and to SOAH. TDA's docket clerk shall keep an appropriate record of the mailing. (i) Motions for rehearing. The commissioner may state in a written order the decision as to a motion for rehearing, or may take no action and allow the motion for rehearing to be overruled by operation of law. When a motion for rehearing is granted and if the commissioner remands for further proceedings, the ALJ, upon notice to all parties of record, shall convene the rehearing under the same docket as the original hearing. (j) Custody of the hearing record. (1) SOAH shall maintain the official record in a contested case from the time TDA refers the case to SOAH until: (A) the entry of an order by an ALJ to withdraw or dismiss a case from the SOAH docket either by the granting of a party's motion or on the ALJ's own motion; or (B) the ALJ's proposal for decision has been issued in the case, time for filing of exceptions and replies to the proposal has passed, and the ALJ has made any amendments to the proposal based on those exceptions or replies. (2) TDA shall also maintain a copy of the record at all times. (3) Prior to the conclusion of the administrative hearing process, any request for a copy or transcript of the record may be directed either to SOAH or TDA. Requests for official copies shall be directed to SOAH as the official custodian authorized to certify at to the completeness of the record before the conclusion of the administrative hearing process. (4) After the issuance of a proposal for decision and passage of appropriate timelines as stated in paragraph (1) of this subsection, the duty of official custodian of the record shall be transferred to TDA. Within ten days of the passage of appropriate timelines for filing of exceptions and replies to exceptions, SOAH shall deliver the official record to TDA along with a certified statement that the documents delivered constitute the complete record in the case. Any request for a copy or transcript of the record shall then be directed to TDA. TDA shall have the authority to certify as to the completeness of the record. 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 December 29, 1995. TRD-9516839 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Earliest possible date of adoption: February 5, 1996 For further information, please call: (512) 463-7583 Chapter 17. Marketing and Development Division Livestock Export Facilities 4 TAC sec.17.30, sec.17.31 The Texas Department of Agriculture (the department) proposes amendments to sec.17.30 and sec.17.31, concerning the department's livestock export facilities. The proposed amendment to sec.17.30 adds definitions for exotic livestock and exotic fowl. The proposed amendment to sec.17.31 establishes charges for poultry, baby chicks and eggs, and exotic livestock or fowl that are transported through the livestock export facilities. These amendments are required in order to establish fees for animals that have recently started to come through the livestock facilities with greater frequency. Bill Breese, director of the livestock export facilities, has determined that for the first five-year period the sections are in effect there will be fiscal implications for state government as a result of enforcing or administering the sections. Mr. Breese has determined that the department will experience an increase in revenue of approximately $200 per year, collected as fees for poultry, baby chicks and eggs, and exotic livestock and fowl. There will be no fiscal implications for local government as a result of enforcing or administering the sections. Mr. Breese also has determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of enforcing the sections will be the establishment of specific charges for poultry and exotics, and notice to the public of those charges. The only effect on small or large businesses will be to the extent that such businesses ship poultry, chicks, eggs, or exotics through the department's livestock export pens. The anticipated economic cost to persons who are required to comply with the sections as proposed is the same as that for small or large businesses. Comments on the proposal may be submitted to Bill Breese, Director of the Livestock Export Facilities, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Comments must be received no later than 30 days from the date of publication of the proposed amendments in the Texas Register . The amendments are proposed under the Texas Agriculture Code (the Code), sec.146.021, which provides the Texas Department of Agriculture with the authority to receive and hold for processing animals transported in international trade and to establish and collect reasonable fees for yardage, maintenance, feed, medical care, and other necessary expenses. The Texas Agriculture Code, Chapter 146, Subchapter B, is affected by the proposal. sec.17.30. Purpose and Definitions. (a) (No change.) (b) Definitions. The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise. (1)-(3) (No change.) (4) Exotic livestock-Grass-eating or plant-eating, single-hoofed or cloven-footed mammals that are not indigenous to this state and are known as ungulates, including animals from the swine, horse, tapir, rhinoceros, elephant, deer and antelope families. (5) Exotic fowl-Any avian species that is not indigenous to this state. sec.17.31. Operation of Livestock Export Facilities. (a)-(c) (No change.) (d) The following schedule of fees applies to all livestock export facilities with the exception of the Houston facility. Scheduled fees include necessary water, pen space and necessary labor for feeding of livestock and assisting in conducting any inspections requested. Stall space, bedding hay, feed, spray and any overtime fees or wages are not included in the fee schedule. Stalls are available on a first-come, first-served basis. The cost of stalls is $10 per head for the first 24 hours and $10 per head for each additional 24 hours. For horses, mules, cattle and calves, except feeder/slaughter cattle: first 24 hours or fraction thereof: $2.50; each 24 hours thereafter: $4.00. For breeding sheep and goats: first 24 hours or fraction thereof: $1.00; each 24 hours thereafter; $1.75. For breeding hogs: first 24 hours or fraction thereof; $1.50; each 24 hours thereafter $2.25. For feeder/slaughter sheep and goats; first 24 hours or fraction thereof; $.25; each 24 hours thereafter; $.25. For feeder/slaughter hogs: first 24 hours or fraction thereof: $1.00; each 24 hours thereafter; $1.00. For feeder/slaughter cattle: first 24 hours or fraction thereof: $1.50; each 24 hours thereafter; $1.50. For poultry: first 24 hours or fraction thereof: $2.50; each 24 hours thereafter; $2.50. For baby chicks or fertile eggs: first 24 hours or fraction thereof: $25 per load; each 24 hours thereafter; $25. For exotic livestock or exotic fowl: first 24 hours or fraction thereof:; $2.50; each 24 hours thereafter: $2.50. (e) The following schedule of fees applies to the Houston livestock export facility only. Scheduled fees include necessary water, pen space and necessary labor for feeding of livestock and assisting in conducting any inspections requested. Stall space, bedding, hay, feed, spray and any overtime fees or wages are not included in the fee schedule. Stalls are available on a first-come, first-served basis. The cost of stalls is $20 per head for the first 24 hours and $20 per head for each additional 24 hours. For cattle, horses and mules: first 24 hours or fraction thereof: $5.00; each 24 hours thereafter; $5.00. For sheep, goats and hogs: first 24 hours or fraction thereof: $2.50; each 24 hours thereafter; $2.50. For poultry: first 24 hours or fraction thereof: $2.50; each 24 hours thereafter; $2.50. For baby chicks or fertile eggs: first 24 hours or fraction thereof: $25 per load; each 24 hours thereafter; $25. For exotic livestock or exotic fowl: first 24 hours or fraction thereof: $2.50; each 24 hours thereafter; $2.50. (f)-(k) (No change.) 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 December 29, 1995. TRD-9516838 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Earliest possible date of adoption: February 5, 1996 For further information, please call: (512) 463-7583 TITLE 22. EXAMINING BOARDS Part XXIX. Texas Board of Professional Land Surveying Chapter 663. Standards of Responsibility and Rules of Conduct Professional and Technical Standards 22 TAC sec.663.13 The Texas Board of Professional Land Surveying proposes an amendment to sec.663.13, concerning professional and technical standards. This amendment allows for specified items to be exempt from meeting the requirements of the standards. Sandy Smith, executive director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering the section. Ms. Smith also has determined that for the first five-year period the section is in effect the public benefits anticipated as a result of enforcing the section as proposed will be all surveyors will be required to adhere to minimum standards, thus providing the public a better surveying product. Comments may be submitted to Sandy Smith, Texas Board of Professional Land Surveying, 7701 North Lamar Boulevard, Suite 400, Austin, Texas 78752. The amendment is proposed under Texas Civil Statutes, Article 5282c, sec.9, which provide the Texas Board of Professional Land Surveying with the authority to make and enforce all reasonable and necessary rules, regulations and bylaws not inconsistent with the Texas Constitution, the laws of this state and this Act. The Texas Civil Statutes, Article 5282c, is affected by this proposed amendment. 663.13. Introduction. The Board establishes these minimum standards of practice to
    [To] better serve the general public in regulating the practice of land surveying in Texas[, these minimum standards of practice "Standards" are established]. All surveys, unless otherwise specifically exempted,
      performed by registered professional land surveyors in Texas shall meet or exceed
        [adhere to these standards by meeting or exceeding] the requirements of these standards
          [hereof]. The Board considers any survey, the purpose of which is to delineate, segregate, separate, or partition any interest in real property of any kind, under these standards. 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 December 28, 1995. TRD-9516798 Sandy Smith Executive Director Texas Board of Professional Land Surveying Earliest possible date of adoption: February 5, 1996 For further information, please call: (512) 452-9427 22 TAC sec.663.21 The Texas Board of Professional Land Surveying proposes new sec.663.21, concerning descriptions prepared for political subdivisions. This proposed new rule specifies the requirements for descriptions prepared for political subdivisions. Sandy Smith, executive director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering the section. Ms. Smith also has determined that for the first five-year period the section is in effect the public benefits anticipated as a result of enforcing the section as proposed will be all surveyors will be required to adhere to minimum standards, thus providing the public with a better surveying product. There will be no effect or economic cost to small or large businesses or persons who are required to comply with the section. Comments may be submitted to Sandy Smith, Texas Board of Professional Land Surveying, 7701 North Lamar Boulevard, Suite 400, Austin, Texas 78752. The new section is proposed under Texas Civil Statutes, Article 5282c, sec.9, which provide the Texas Board of Professional Land Surveying with the authority to make and enforce all reasonable and necessary rules, regulations and bylaws not inconsistent with the Texas Constitution, the laws of this state and this Act. The Texas Civil Statutes, Article 5282c, is affected by this proposed new section. sec.663.21. Descriptions Prepared for Political Subdivisions. A registrant or licensee may prepare, sign, and seal a bounds description for any political subdivision of state or local government under the following minimum conditions: (1) the description must be unambiguous and locatable on the ground by ordinary surveying procedures; (2) any record or physical monumentation called for in the description must be in place at the time the surveyor prepares the description and the surveyor must have personal knowledge of such monument sufficient to give a proper current description for the monument and its accessories; and (3) the surveyor signing the work must have performed an on-the-ground survey to support any course and distance recited in the description. 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 December 29, 1995. TRD-9516834 Sandy Smith Executive Director Texas Board of Professional Land Surveying Earliest possible date of adoption: February 5, 1996 For further information, please call: (512) 452-9427 TITLE 30. ENVIRONMENTAL QUALITY Part I. Texas Natural Resource Conservation Commission Chapter 321. Control of Certain Activities by Rule The Texas Natural Resource Conservation Commission (TNRCC or commission) proposes new sec.sec.321.151-321.159, 321.211-321.220, 321.231-321.240, and 321. 251-321.259, relating to discharges to surface waters from ready-mixed concrete plants and/or concrete products plants or associated facilities, discharges to surface waters from motor vehicles cleaning facilities, discharges to surface waters from petroleum bulk stations and terminals, and the handling of wastes from commercial facilities engaged in livestock trailer cleaning. The purpose of the proposed new sections is to streamline the current permitting process by controlling by rule certain activities, thereby eliminating the need for a commission permit for specific wastewater discharge and waste handling activities. The proposed sections cover activities that are now subject to individual permits, but are categorized as posing a low risk of harm to human health and the environment, and represent a significant demand on agency resources if permitted individually. The proposed new sec.sec.321.151-321.159 will regulate by rule the discharge of facility wastewaters and contact stormwater into surface waters from ready-mixed concrete and/or concrete products plants and their associated facilities. These sections are grouped together in Subchapter J, Discharges to Surface Waters from Ready-Mixed Concrete Plants and/or Concrete Products Plants or Associated Facilities and establish procedures for implementation. Proposed new sec.321.151 (relating to Definitions) defines terms that are used throughout 30 TAC Chapter 321, Subchapter J. Proposed new sec.321.152 (relating to Purpose and Applicability) delineates which facilities will be regulated under this subchapter. Proposed new sec.321.153 (relating to Certificate of Registration and Public Notice) delineates the application and review process for a certificate of registration and includes a public notice provision. The TNRCC is proposing a limited process of notification to local residents and government officials and opportunity for the public to provide comments to the executive director prior to any approval of a new discharge. In addition, the rule provides the general public with an appeal process after the executive director makes a decision on an application. Proposed new sec.321.154 (relating to General Requirements for Discharge) sets forth general requirements that facilities must meet in order to discharge wastewater under the terms of this subchapter. Proposed new sec.321.155 (relating to Specific Requirements for Discharge) sets forth specific requirements that facilities must meet in order to discharge wastewater under the terms of this subchapter. Proposed new sec.321.156 (relating to Sampling, Reporting, and Recordkeeping) delineates the sampling and reporting requirements for facilities regulated under this subchapter. Proposed new sec.321.157 (relating to Restrictions) states that the rule does not convey property rights or grant any exclusive privilege and states that other governmental entities may require separate authorizations for facility operations. Proposed new sec.321.158 (relating to Enforcement and Revocation) provides for enforcement and revocation actions by the TNRCC. Proposed new sec.321.159 (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, sec.26.0291, and the fee regulations found in 30 TAC sec.sec.305.501-305.507 of this title (relating to Waste Treatment Fee Program). The TNRCC is proposing a fee assessment as specified in sec.321. 159. These fees could increase if and when the fee schedule in sec.sec.305.501-305. 507 is raised through future rulemaking. The proposed new 30 TAC sec.sec.321.211-321.220, will regulate by rule the discharge of wastewaters from motor vehicle cleaning facilities to surface waters in the State in accordance with the effluent limitations, monitoring requirements, and other conditions. These sections are grouped together in Subchapter L, Discharges to Surface Waters from Motor Vehicle Cleaning Facilities. The proposed rules would allow automatic, self-serve, and fleet car wash facilities to discharge facility wastewater, if specific effluent limits are met. Facilities which wash vehicles involved in waste management or oil and gas activities would not be authorized under this proposed subchapter. Grit processing and disposal strategies are also not addressed under this proposed subchapter since the TNRCC regulates this solid waste management in Chapter 330 of this title. Facilities which discharge less than 5,000 gallons per day will be exempt under the proposed rule requirements. Proposed new sec.321.211 (relating to Purpose and Applicability) delineates which facilities will be regulated under this subchapter. Proposed new sec.321.212 (relating to Definitions) defines terms that are used throughout 30 TAC Chapter 321, Subchapter L. Proposed new sec.321.213 (relating to Certificate of Registration and Public Notice) delineates the application and review process for a certificate of registration and includes a public notice provision. The TNRCC is proposing a limited process of notification to local residents and government officials and opportunity for the public to provide comments to the executive director prior to any approval of a new discharge. In addition, the rule provides the general public with an appeal process after the executive director makes a decision on an application. Proposed new sec.321.214 (relating to Active TNRCC Permits) concerns facilities that currently hold TNRCC permits and describes the effects this subchapter will have on those facilities. Proposed new sec.321.215 (relating to General Requirements for Discharge) sets forth general requirements that facilities must meet in order to discharge wastewater under the terms of this subchapter. Proposed new sec.321.216 (relating to Specific Requirements for Discharge) sets forth specific requirements that facilities must meet in order to discharge wastewater under the terms of this subchapter. Proposed new sec.321.217 (relating to Sampling, Reporting and Recordkeeping) delineates the sampling and reporting requirements for facilities regulated under this subchapter. Proposed new sec.321.218 (relating to Restrictions) states that the rule does not convey property rights or grant any exclusive privilege and states that other governmental entities may require separate authorizations for facility operations. Proposed new sec.321.219 (relating to Enforcement and Revocation) provides for enforcement and revocation actions by the TNRCC. Proposed new sec.321.220 (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, sec.26.0291, and the existing fee regulations found in sec.sec.305.501-305.507 of this title (relating to Waste Treatment Fee Program). These fees could increase if and when the fee schedule in sec.sec.305.501-305.507 is raised through future rulemaking. The proposed new 30 TAC sec.sec.321.231-321.240, will regulate by rule the discharge of treated facility wastewater and contact stormwater from petroleum bulk stations and terminals to surface waters in the state. These sections are grouped together in Subchapter M, Discharges to Surface Waters from Petroleum Bulk Stations and Terminals. The proposed subchapter would allow large facilities involved in the cooperative and wholesale distribution of petroleum products to discharge facility wastewater and stormwater if specific effluent limits are met. Small facilities with less than a 100,000 gallon capacity would be exempt from registration requirements if no facility wastewater is discharged and certain pollution prevention measures are utilized at such facilities. The proposed rule does not regulate facilities which are part of a petroleum refinery or facilities which store or transfer non-petroleum products such as organic, inorganic, or toxic chemicals. Proposed new sec.321.231 (relating to Definitions) defines terms that are used throughout 30 TAC Chapter 321, Subchapter M. Proposed new sec.321.232 (relating to Purpose and Applicability) delineates which facilities will be regulated under this subchapter. Proposed new sec.321.233 (relating to Active TNRCC Permits) concerns facilities that currently hold TNRCC permits and describes the effects this subchapter will have on those facilities. Proposed new sec.321.234 (relating to Certificate of Registration and Public Notice) delineates the application and review process for a certificate of registration and includes a public notice provision. The TNRCC is proposing a limited process of notification to local residents and government officials and opportunity for the public to provide comments to the executive director prior to any approval of a new discharge. In addition, the rule provides the general public with an appeal process after the executive director makes a decision on an application. Proposed new sec.321.235 (relating to General Requirements for Discharge) sets forth general requirements that facilities must meet in order to discharge wastewater under the terms of this subchapter. Proposed new sec.321.236 (relating to Specific Requirements for Discharge) sets forth specific effluent limitations and monitoring requirements that facilities must meet in order to discharge wastewater under the terms of this subchapter. Proposed new sec.321.237 (relating to Sampling, Reporting, and Recordkeeping) delineates the sampling and reporting requirements for facilities regulated under this subchapter. Proposed new sec.321.238 (relating to Restrictions) states that the rule does not convey property rights or grant any exclusive privilege and states that other governmental entities may require separate authorizations for facility operations. Proposed new sec.321.239 (relating to Enforcement and Revocation) provides for enforcement and revocation actions by the TNRCC. Proposed new sec.321.240 (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, sec.26.0291 and the fee regulations found in ssec.305.501-305.507 of this title (relating to Waste Treatment Fee Program). These fees could increase if and when the fee schedule in sec.sec.305. 501-305.507 is raised through future rulemaking. The proposed new 30 TAC sec.sec.321.251-321.259, will regulate by rule the removal, containment, treatment and disposal of wastes from commercial facilities engaged in livestock trailer cleaning. These sections are grouped together in Subchapter N, Handling of Wastes from Commercial Facilities Engaged in Livestock Trailer Cleaning. The proposed subchapter would allow the on-site management and disposal of wastewater generated from the washing of livestock trailers. Discharge to any water in the state is prohibited. Proposed new sec.321.251 (relating to Statement of No Discharge Policy) delineates the commission's policy regarding discharges from livestock trailer cleaning facilities. Proposed new sec.321.252 (relating to Definitions) defines terms that are used throughout 30 TAC Chapter 321, Subchapter N. Proposed new sec.321.253 (relating to Purpose and Applicability) delineates which facilities will be regulated under this subchapter. This section explains that the commission only intends to require registration of those commercial facilities involved in livestock trailer cleaning. Proposed new sec.321.254 (relating to Certificate of Registration and Public Notice) delineates the application and review process for a certificate of registration and includes a public notice provision. The TNRCC is proposing a limited process of notification to local residents and government officials and opportunity for the public to provide comments to the executive director prior to any approval of a new discharge. In addition, the rule provides the general public with an appeal process after the executive director makes a decision on an application. Proposed new sec.321.255 (relating to General Requirements for Containment of Wastes and Pond(s)) sets forth general requirements that facilities must meet to contain waste in ponds. Proposed new sec.321.256 (relating to General Requirements for Land Application) sets forth general requirements that facilities must meet to dispose of waste on land. Proposed new sec.321.257 (relating to Restrictions) states that the rule does not convey property rights or grant any exclusive privilege and states that other governmental entities may require separate authorizations for facility operations. Proposed new sec.321.258 (relating to Enforcement and Revocation) provides for enforcement and revocation actions by the TNRCC. Proposed new sec.321.259 (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, sec.26.0291, and the fee regulations found in 30 TAC sec.sec.305.501-305.507 of this title (relating to Waste Treatment Fee Program). These fees could increase if and when the fee schedule in sec.sec.305.501-305.507 is raised through future rulemaking. Stephen Minick, Strategic Planning and Appropriations Division, has determined that for the first five years these sections as proposed are in effect, there will be fiscal implications as a result of enforcement and administration of the sections. The effect of the proposed sections will be to regulate certain wastewater treatment facilities or discharges to surface water by rule rather than permit. The effect on state government will be a reduction in those costs typically incurred by the commission which are associated with the review, processing, and approval of permit applications. The commission will be required to devote time and staff resources to processing requests by applicants for registration under the proposed regulations, as well as pay costs associated with monitoring and compliance activities. These costs are substantially less, however, than the costs that would be incurred if each subject facility was permitted individually under current regulation. While a net cost saving is individually anticipated, the actual number of facilities that will be covered under the proposed sections, and the actual cost savings, cannot be determined. There are no additional costs anticipated for local governments. Some local governments may operate facilities subject to the proposed rules for which permits will not be required. The cost savings to any local government will be equivalent to that realized by any applicant qualifying for registration rather than permit requirements. Owners or operators of facilities qualifying for regulation by rule will potentially realize savings related to the costs of preparation of permit applications and participation in the approval process. These savings may include legal services related to public hearings and the time savings from the commission's 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 from $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. Mr. Minick also has 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 be 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 persons required to comply with these sections as proposed. A public hearing on the proposal will be held February 1, 1995, at 10:00 a. m. in Room 254 of TNRCC Building E, located at 12100 North IH-35, Park 35 Circle, Austin. The hearing is structured to receive oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion within the audience will not occur during the hearing; however, a TNRCC staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing. Written comments on these proposals should refer to Rule Log Number 95094-321- WT and may be submitted to Lutrecia Oshoko, Texas Natural Resource Conservation Commission, Office of Policy and Regulatory Development, MC-201, Post Office Box 13087, Austin, Texas 78711-3087, (512) 239-4640. 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 Thomas Weber, Wastewater Permits Section, Agriculture and Watershed Management Division at (512) 239-5553. 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. The new sections are proposed under the Texas Water Code (Vernon 1992), sec.5.102, which provides the TNRCC with general powers to carry out duties under the Texas Water Code and sec.5.103, which provides the TNRCC 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. Subchapter J. Discharges to Surface Waters From Ready-Mixed Concrete Plants and/or Concrete Products Plants or Associated Facilities 30 TAC sec.sec.321.151-321.159 The new sections are proposed under the authority of the Texas Water Code, sec.sec.5.103, 5.105, and 5.120, which provides the Texas Natural Resource Conservation Commission (TNRCC) with the authority to promulgate rules as necessary to carry out its powers and duties under the Texas Water Code and other laws of the state and to establish and approve all general policies of the TNRCC. Additionally, these sections are proposed pursuant to the Texas Water Code (Vernon 1992), sec.26.040, which provides the TNRCC with the authority to regulate certain waste discharges by rule and set the requirements and conditions of the discharges of waste. sec.321.151. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Associated Facilities -Facilities associated with ready-mixed concrete plants or concrete products plants and establishments where maintenance and washing of ready-mix vehicles (both interior and exterior) or equipment occurs. Concrete Products Plants-Facilities primarily engaged in manufacturing concrete products as classified per Standard Industrial Classification (SIC) Code 3272, and facilities primarily engaged in manufacturing concrete building blocks and bricks from a combination of cement and aggregate as per SIC Code 3271. Contact Stormwater -Stormwater which comes in contact with any raw material, product, by-product, co-product, intermediate, or waste material. Domestic Sewage -Waterborne human (animal) waste and waste from domestic activities, such as washing, bathing, and food preparation. Executive Director -The executive director of the Texas Natural Resource Conservation Commission, or a designated representative. Existing Facilities -Ready-mixed concrete plants, concrete products plants and associated facilities in active operation, including the discharge of facility wastewater, prior to January 5, 1996. Facility Wastewater -Any wastewater which is generated at ready-mixed concrete plants, concrete products plants, or associated facilities authorized by this rule, but not including domestic sewage. Grab Sample-An individual sample collected in less than 15 minutes. MGD-Million gallons per day. New Facilities -Ready-mixed concrete plants, concrete products plants and associated facilities not defined in this section as existing facilities. Point Source Discharge-A discharge from any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit or discrete fissure. Publicly Owned Treatment Works or "POTW" -A treatment works owned by a state or municipality, which includes any device or system 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 which 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 ready-mixed concrete plants, concrete products plants, or associated facilities under the terms and requirements of this subchapter. Ready-Mixed Concrete Plants-Facilities, including temporary concrete batch plants, primarily engaged in mixing and delivering ready-mixed concrete as classified per Standard Industrial Classification (SIC) Code 3273. Stormwater-Stormwater runoff, snow melt runoff, surface runoff, and drainage. Temporary Concrete Batch Plants-Ready-mixed concrete plants temporarily located to be in proximity to a particular customer or construction site. TNRCC-Texas Natural Resource Conservation Commission (commission) and its predecessor agencies responsible for regulating wastewater discharges. sec.321.152. Purpose and Applicability. (a) The purpose of this subchapter is to regulate by rule discharges of facility wastewater and contact stormwater to surface water in the state from ready-mixed concrete or concrete products plants and their associated facilities. (b) Discharges are allowable under this subchapter only by registrants of those facilities which have a certificate of registration issued by the executive director under sec.321.153 of this title (relating to Certificate of Registration), sec.321.154 of this title (relating to General Requirements for Discharge), and sec.321.155 of this title (relating to Specific Requirements for Discharge). (1) For new facilities, a certificate of registration issued by the executive director under sec.sec.321.153-321.155 of this title shall be obtained prior to discharge of wastewater from the subject facility. (2) Existing facilities currently operating under a valid TNRCC wastewater discharge permit may apply for registration of these operations prior to the expiration date of the permit. Upon issuance of the final TNRCC registration, the TNRCC shall void the permit. (3) An existing facility that does not hold a valid TNRCC wastewater discharge permit must submit an application for registration or an application for a permit within 90 days after the date this rule takes effect. (c) If the TNRCC denies a registration application under this subchapter, the facility must obtain a permit pursuant to the Texas Water Code, Chapter 26. (d) Facilities which do not meet the requirements of sec.321.154 and sec.321.155, of this title and do not discharge or transport facility wastewater to a publicly owned treatment works (POTW) which has a wastewater discharge permit issued by the TNRCC must apply for an emergency order, temporary order, or permit as provided by Chapter 305, Subchapter B, of this title (relating to Consolidated Permits) for the discharge of wastewater into or adjacent to water in the state. sec.321.153. Certificate of Registration and Public Notice. (a) An applicant must apply for registration on a form approved by the TNRCC. A completed application shall be submitted to the TNRCC's Permitting Section of the Watershed Management Division. Before issuing a certificate of registration, the executive director will review the application to determine whether the facility operations meet the requirements of sec.321.154 of this title (relating to General Requirements for Discharge) and sec.321.155 of this title (relating to Specific Requirements for Discharge). (b) The executive director may take action on an application to issue a certificate of registration, provided. (1) At least 30 days prior to approving an application and issuing the certificate of registration, notice of the application has been provided by the applicant, at the applicant's cost: (A) in a newspaper regularly published and generally circulated within the county and area wherein the proposed facility and discharge is 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) the notices of application are provided in a format approved by the commission and shall fairly set forth the substance of the application and proposed action, including but not limited to, the general location of any point of discharge, the method of obtaining additional information about the application, and the method for submitting comment, on the application. (2) With any application for a 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, which shall consist of: (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 appropriate entities, identified in this subsection, along with a copy(s) of the return receipt acknowledgment from the U.S. Postal Service. (3) The application, including the material required by paragraph (2) of this subsection, shall be mailed to the Permitting Section of the commission's Watershed Management Division. The application shall undergo review by the executive director following the determination that notice requirements of this section are met. (4) Any pertinent comments received by the executive director prior to the end of the 30-day period, after all the 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. (c) The public notice provisions of this section do not apply to a facility which is operating under a TNRCC wastewater discharge permit if the facility applies for registration prior to the expiration date of the permit. (d) Public notice provisions of this section do not apply to an existing facility which is not operating under a TNRCC wastewater discharge permit if an application for registration is received by the TNRCC within 90 days after the date this rule takes effect. (e) A person who wishes to file a motion for reconsideration must comply with the following requirements. (1) The applicant or a person affected may file with the chief clerk a motion for reconsideration of the executive director's final approval of an application. (2) A motion for reconsideration must be filed with the chief clerk not later than the 20th day after the date on which the chief clerk mailed to the applicant the signed registration or other approval. (3) A decision by the executive director, including a registration issued 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 on by the commissioners within 45 days after the date on which the chief clerk mailed the signed registration or approval to the applicant, the motion shall be deemed overruled. When motion for reconsideration is overruled by commission action or pursuant to this subsection, the Texas Government Code, sec.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 Texas Water Code, sec.5. 351 or the Texas Health and Safety Code, sec.361.321. sec.321.154. General Requirements for Discharge. (a) Only contact stormwater and treated facility wastewater which meet the requirements of this subchapter can be discharged into water in the state. (b) Facility wastewater and contact stormwater shall be treated as required to conform to effluent discharge requirements, including a reduction of total suspended solids, oil and grease, and other possible pollutants and, if necessary, adjustment of pH. (c) This rule does not authorize the discharge of domestic sewage into water in the state. All domestic sewage shall be either routed to an authorized and adequately designed septic tank/drainfield system, POTW, transported to an approved off-site disposal facility, or disposed of in accordance with an approved TNRCC order or permit. (d) Sludges and solid waste, including tank and truck cleaning and contaminated solids for disposal, shall be disposed of in accordance with the Texas Health and Safety Code, Chapter 361. (e) The discharge shall not cause any nuisance conditions to adjacent land owners along the discharge route. (f) The facility shall take all steps necessary to prevent any adverse effects upon human health or safety, or to the environment. Any facility authorized under this subchapter shall comply with the following. (1) The registrant shall report any noncompliance (including any unauthorized discharges or overflows) with the requirements of this subchapter which may endanger human health or safety or the environment. Report of such information shall be provided orally to the TNRCC regional office within 24 hours of becoming aware of the noncompliance. A written submission of such information shall also be provided to the TNRCC regional office and to the Austin Office, Watershed Management Division, Enforcement Section, 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. (2) Any noncompliance which exceeds more than 40% from the authorized effluent limitations as expressed in sec.321.155 of this title (relating to Specific Requirements for Discharge) shall be reported in writing to the TNRCC regional office and to the Austin Office, Watershed Management Division, Enforcement Section, within five working days of becoming aware of the condition. (g) The registrant must notify the executive director, in writing, of any change in control or ownership of facilities, or any expansion of facilities authorized under this subchapter. The applicant must send the notification to the Permitting Section in the Watershed Management Division. (h) The executive director may deny an application for registration on the following grounds: 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. In making such determination, the executive director may also consider other factors, as necessary to carry out its powers and duties under the Texas Water Code and other laws of the state. (i) The discharge shall not be acutely toxic to aquatic life, as described in Chapter 307 of this title (relating to Texas Surface Water Quality Standards). (j) A person shall not discharge or allow to be discharged wastewater generated by either washing or maintaining ready-mix vehicles (both interior and exterior) or equipment except at sites registered under this subchapter. However, wastewaters may be routed or transported to a POTW. sec.321.155. Specific Requirements for Discharge. Facilities regulated under this rule are authorized to discharge treated facility wastewater and contact stormwater in accordance with the following maximum limitations and monitoring requirements:
            Figure: 30 TAC s321.155 (1) The pH of the discharge shall not be less than 6.0 nor greater than 9.0 standard units and shall be monitored 1/month by grab sample. (2) There shall be no discharge of floating solids or visible foam in other than trace amounts, and no discharge of visible oil. sec.321.156. Sampling, Reporting, and Recordkeeping. (a) Unless otherwise specified in this rule, sampling and laboratory test methods shall comply with procedures specified in sec.319.11 of this title (relating to Sampling and Laboratory Testing Methods). (b) Results of monitoring of each constituent specified in sec.321.155 of this title (relating to Specific Requirements for Discharge) shall be reported by the registrant to the TNRCC Austin Office on the Ready-Mixed Concrete Plants and Concrete Products Report form approved by the executive director. Monitoring results shall be reported to the TNRCC in accordance with the following schedule.
              Figure: 30 TAC s321.156(b) (c) The registrant shall maintain results of monitoring of each constituent specified in sec.321.155 of this title (relating to Specific Requirements for Discharge) or the equivalent information shall be maintained for a minimum of three years and shall make these results readily available for review upon request. The registrant authorized under the terms of this subchapter shall maintain records of the process control, maintenance activities, and solids disposal to include at a minimum: volume and dates on which solids were removed, identity of any transporter, location and identity of any solids disposal site, and method of final disposal. This information shall be maintained for a minimum of five years and shall be readily available for review upon request. sec.321.157. Restrictions. (a) This rule does not convey property rights or grant any exclusive privilege. (b) Separate authorizations may be required by TNRCC, municipalities, or other agencies for discharges to publicly owned treatment works, domestic sewage plants, stormwater sewers, or for air emissions. (c) Any discharge of wastewater at a site other than the registered site or the POTW site is prohibited. sec.321.158. Enforcement and Revocation. 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 the Texas Water Code and in accordance with Chapter 337 of this title (relating to Enforcement). The executive director may revoke any registration granted to a registrant or facility due to noncompliance with the requirements of this subchapter, after notice to the registrant and opportunity for hearing, and such registrant shall cease any discharge until such time as the facility is issued a wastewater discharge permit, an emergency order, or temporary order as provided by Chapter 305, Subchapter B, of this title (relating to Consolidated Permits) for the discharge of wastewater into or adjacent to water in the state. sec.321.159. Annual Waste Treatment Fee. (a) In accordance with sec.sec.305.501-305.507 of this title (relating to Waste Treatment Inspection Fee Program), registrants authorized to discharge waste to surface waters in the state from ready-mixed concrete plants or concrete products plants or associated 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 Ready- Mixed Concrete Plants and Concrete Products 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 December 28, 1995. TRD-9516809 Kevin McCalla Director, Legal Services Division Texas Natural Resource Conservation Commission Earliest possible date of adoption: February 5, 1996 For further information, please call: (512) 239-4640 Subchapter L. Discharges to Surface Waters From Motor Vehicles Cleaning Facilities 30 TAC sec.sec.321.211-321.220 The new sections are proposed under the authority of the Texas Water Code, sec.sec.5.103, 5.105, and 5.120, which provides the Texas Natural Resource Conservation Commission (TNRCC) with the authority to promulgate rules as necessary to carry out its powers and duties under the Texas Water Code and other laws of the state and to establish and approve all general policies of the TNRCC. sec.321.211. Purpose and Applicability. (a) The purpose of this subchapter is to regulate by rule the surface discharge to water in the state of wastewater from motor vehicles cleaning facilities in accordance with the effluent limitations, monitoring requirements, and other conditions set forth herein. This rule regulates the following type of facilities which in a given month discharge, on average, more than 5,000 gallons per day of operation. (1) Establishments primarily engaged in washing, waxing, and polishing motor vehicles, or in furnishing facilities for the self-service washing of motor vehicles. These type of facilities are available for public use and classified as Standard Industrial Classification Code 7542. (2) Companies, governmental entities, taxi companies, parcel delivery companies, or similar entities that have their own fleet cleaning facilities. (3) This subchapter only applies to the discharge of wastewater generated from washing the exterior of vehicles. (4) This subchapter does not apply to establishments, companies, or entities engaged in motor vehicle washing when the vehicles being washed are used for any of the following: (A) transportation of municipal or industrial solid waste, including hazardous waste; (B) transportation of hazardous materials or vehicles subject to placarding or labeling because of such transportation; (C) exploration, production, or development of oil, natural gas, or geothermal resources. (5) This subchapter does not apply to establishments, companies, or entities engaged in motor vehicle washing when the vehicles being washed consist of the following types: (A) semi-tractor trailer vehicles or similar carriers involved in transportation activities described in paragraph (4)(A) and (B) of this subsection. (B) vehicles, trucks, or other equipment involved in transportation which, in the judgement of the executive director, has the potential to release toxic substances when the equipment's exterior is washed. (b) Discharges are allowable under this subchapter only by those registrants of facilities which have a certificate of registration issued by the executive director under sec.321.213 of this title (relating to Certificate of Registration), sec.321.215 of this title (relating to General Requirements for Discharge), and sec.321.216 of this title (relating to Specific Requirements for Discharge). For new facilities, a certificate of registration issued by the executive director under sec.321.213 of this title, sec.321.215 of this title, and sec.321.216 of this title shall be obtained prior to discharge of wastewater from the subject facility. (c) Facilities which do not meet the requirements of sec.321.215 and sec.321.216 of this title and do not discharge or transport facility wastewater to a POTW which has a wastewater discharge permit issued by the TNRCC must apply for an emergency order, temporary order, or permit as provided by Chapter 305, Subchapter B of this title (relating to Consolidated Permits) for the discharge of wastewater into or adjacent to water in the state. (d) If the TNRCC denies a registration application under this subchapter, the facility must obtain a permit pursuant to the Texas Water Code, Chapter 26. sec.321.212. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Domestic Sewage -Waterborne human (animal) waste and waste from domestic activities, such as washing, bathing, and food preparation. Executive Director -The executive director of the Texas Natural Resource Conservation Commission, or a designated representative. Existing Facilities -Motor vehicles cleaning facilities in active operation, including the discharge of facility wastewater, prior to January 5, 1996. Facility Wastewater -Wastewater generated at motor vehicle cleaning facilities as a result of washing the exterior of motor vehicles and specifically excluding domestic sewage. Grab Sample-An individual sample collected in less than 15 minutes. MGD-Million gallons per day. Motor Vehicles Cleaning Facilities-Facilities engaged in washing, waxing, and polishing motor vehicles, or in furnishing facilities for the self-service washing of motor vehicles. New Facilities -Motor vehicles cleaning facilities not defined in this section as existing facilities. Point Source Discharge-A discharge from any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit or discrete fissure. Publicly Owned Treatment Works or "POTW" -A treatment works owned by a state or municipality, which includes any device or system 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 which 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 facilities associated with motor vehicle cleaning under the terms and requirements of this subchapter. TNRCC-Texas Natural Resource Conservation Commission and its predecessor agencies responsible for regulating wastewater discharges. sec.321.213. Certificate of Registration and Public Notice. (a) An applicant must apply for registration on a form approved by the TNRCC. A completed application shall be submitted to the TNRCC Permitting Section of the Watershed Management Division. An existing facility that does not hold a valid TNRCC wastewater discharge permit must submit an application for registration or an application for a permit within 90 days after the date this rule takes effect. Before issuing a certificate of registration, the executive director will review the application to determine whether the facility operations meet the requirements of sec.321.215 of this title (relating to General Requirements for Discharge) and sec.321.216 of this title (relating to Specific Requirements for Discharge). (b) The executive director may take action on an application to issue a certificate of registration, provided: (1) At least 30 days prior to approving an application and issuing the certificate of registration, notice of the application has been provided by the applicant, at the applicant's cost: (A) in a newspaper regularly published and generally circulated within the county and area wherein the proposed facility and discharge is 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) the notices of application are provided in a format approved by the commission and shall fairly set forth the substance of the application and proposed action, including but not limited to, the general location of any point of discharge, the method of obtaining additional information about the application, and the method for submitting comment on the application. (2) With any application for a 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, which shall consist of: (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 appropriate entities, identified in this subsection, along with a copy(s) of the return receipt acknowledgement from the U.S. Postal Service. (3) The application, including the material required by paragraph (2) of this subsection, shall be mailed to the Permitting Section of the commission's Watershed Management Division. The application shall undergo review by the executive director following the determination that notice requirements of this section are met. (4) Any pertinent comments received by the executive director prior to the end of the 30-day period, after all the 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. (c) The public notice provisions of this section do not apply to an existing facility which is operating under an existing TNRCC wastewater discharge permit if the facility applies for registration prior to the expiration date of the permit. (d) An existing facility which does not hold valid a valid TNRCC wastewater discharge permit must submit an application for registration or an application for a permit within 90 days after the date this rule takes effect. Public notice provisions of this section do not apply to an existing facility if an application for registration is received by the TNRCC within 90 days after the date this rule takes effect. (e) A person who wishes to file a motion for reconsideration must comply with the following requirements. (1) The applicant or a person affected may file with the chief clerk a motion for reconsideration of the executive director's final approval of an application. (2) A motion for reconsideration must be filed with the chief clerk not later than the 20th day after the date on which the chief clerk mailed to the applicant the signed registration or other approval. (3) A decision by the executive director, including a registration issued 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 on by the commissioners within 45 days after the date on which the chief clerk mailed the signed registration or approval to the applicant, the motion shall be deemed overruled. When motion for reconsideration is overruled by commission action or pursuant to this subsection, the Texas Government Code, sec.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 Texas Water Code, sec.5. 351 or the Texas Health and Safety Code, sec.361.321. sec.321.214. Active TNRCC Permits. Motor vehicle cleaning facilities that are currently operating under a valid TNRCC wastewater discharge permit may apply for registration of these operations prior to the expiration date of the permit. Upon issuance of the final TNRCC registration, the TNRCC shall void the permit. This subchapter does not prevent the TNRCC from denying a registration or registration application and requiring the facility to have a permit. sec.321.215. General Requirements for Discharge. (a) Only facility wastewater that complies with the General Requirements for Discharge as described in this section and Specific Requirements for Discharge as described in sec.321.216 of this title (relating to Specific Requirements for Discharge) can be discharged into or adjacent to water in the state. (b) If required, facility wastewater shall be treated to reduce total suspended solids, oil and grease and other possible pollutants. (c) There shall be no discharge of domestic sewage into or adjacent to water in the state. All domestic sewage shall be either routed to an authorized and adequately designed septic tank/drainfield system, POTW, or transported to an approved off-site disposal facility. (d) Disposal of solid wastes shall be in accordance with the Texas Health and Safety Code, Chapter 361. (e) The discharge shall not cause any nuisance conditions to adjacent land owners along the discharge route. (f) The facility shall take all steps necessary to prevent any adverse effects upon human health or safety, or to the environment. Any facility authorized under this subchapter shall comply with the following. (1) The registrant shall report any noncompliance (to include any unauthorized discharges or overflows) with the requirements of this subchapter which may endanger human health or safety or the environment. Report of such information shall be provided orally to the TNRCC Regional Office within 24 hours of becoming aware of the noncompliance. A written submission of such information shall also be provided to the TNRCC Regional Office and to the Austin Office, Watershed Management Division, Enforcement Section, 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. (2) Any noncompliance which exceeds more than 40% from the authorized effluent limitations as expressed in sec.321.216 of this title shall be reported in writing to the TNRCC Regional Office and to the Austin Office, Watershed Management Division, Enforcement Section, within five working days of becoming aware of the condition. (g) The registrant must notify the executive director, in writing, of any change in control or ownership of facilities, or any expansion of facilities authorized under this subchapter. The applicant must send the notification to the Permit Applications Unit, Permitting Section, Watershed Management Division. (h) The executive director may deny an application for registration on the following grounds: 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. In making such determination, the executive director may also consider other factors, as necessary to carry out its powers and duties under the Texas Water Code and other laws of the state. (i) The discharge shall not be acutely toxic to aquatic life, as described in sec.sec.307.1-307.10 of this title (relating to Texas Surface Water Quality Standards). sec.321.216. Specific Requirements for Discharge. (a) All facilities regulated under this rule are authorized to discharge facility wastewater from motor vehicles cleaning facilities in accordance with the following limitations and monitoring requirements:
                Figure: 30 TAC s321.216(a) (b) The pH of the discharge shall not be less than 6.0 nor greater than 9.0 standard units and shall be monitored once per month (one/month) by grab sample. (c) There shall be no discharge of floating solids or visible foam in other than trace amounts, and no discharge of visible oil. sec.321.217. Sampling, Reporting, and Recordkeeping. (a) Unless otherwise specified in this rule, sampling and laboratory test methods shall comply with procedures specified in sec.319.11 of this title (relating to Sampling and Laboratory Testing Methods). (b) All analytical results shall be reported by the registrant to the TNRCC Austin Office on the Motor Vehicles Cleaning Facilities Report form approved by the executive director. Monitoring results shall be reported to the TNRCC in accordance with the following schedule.
                  Figure: 30 TAC s321.217(b) (c) The registrant shall maintain results of monitoring of each constituent specified in sec.321.216 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. The registrant authorized under the terms of this subchapter shall maintain records of the process control, maintenance activities, and solids disposal to include at a minimum: volume and dates on which solids were removed, identity of any transporter, location and identity of any solids disposal site, and method of final disposal. This information shall be maintained for a minimum of five years and shall be readily available for review upon request. sec.321.218. Restrictions. (a) This rule does not convey property rights or grant any exclusive privilege. (b) Separate authorizations may be required by TNRCC, municipalities, or other agencies for discharges to publicly owned treatment works, domestic sewage plants, stormwater sewers, or for air emissions. (c) Nothing in this rule shall be construed to authorize any injury to persons or property, or an invasion of other property rights, or any infringement of state or local law or regulations. sec.321.219. Enforcement and Revocation. 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 the Texas Water Code and in accordance with Chapter 337 of this title (relating to Enforcement). The executive director may revoke any registration granted to a registrant or facility due to noncompliance with the requirements of this subchapter, after notice to the registrant and opportunity for hearing, and such registrant shall cease any discharge until such time as the facility is issued a wastewater discharge permit, an emergency order, or temporary order as provided by Chapter 305, Subchapter B of this title (relating to Consolidated Permits) for the discharge of wastewater into or adjacent to water in the state. sec.321.220. Annual Waste Treatment Fee. (a) In accordance with sec.sec.305.501-305.507 of this title (relating to Waste Treatment Inspection Fee Program), registrants authorized to discharge wastes to surface waters from motor vehicles cleaning 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 Motor Vehicles Cleaning 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 December 28, 1995. TRD-9516810 Kevin McCalla Director, Legal Services Division Texas Natural Resource Conservation Commission Earliest possible date of adoption: February 5, 1996 For further information, please call: (512) 239-4640 Subchapter M. Discharges to Surface Waters From Petroleum Bulk Stations and Terminals 30 TAC sec.sec.321.231-321.240 The new sections are proposed under the authority of the Texas Water Code, sec.sec.5.103, 5.105, and 5.120, which provides the Texas Natural Resource Conservation Commission (TNRCC) with the authority to promulgate rules as necessary to carry out its powers and duties under the Texas Water Code and other laws of the state and to establish and approve all general policies of the TNRCC. sec.321.231. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Contact Stormwater -Stormwater which comes into contact with any raw material, product, by-product, co-product, intermediate, or waste material. Domestic Sewage -Waterborne human (animal) waste and waste from domestic activities, such as washing, bathing, and food preparation. Executive Director -The executive director of the Texas Natural Resource Conservation Commission, or a designated representative. Existing Facilities -Petroleum Bulk Stations and Terminals in active operation prior to January 5, 1996. Facility Wastewater -Any liquids which are accidentally released, incidental to normal operations, from storage, transfer or loading facilities, and any condensed water and hydrocarbon mixtures drawn from a system. Facility wastewater shall not include domestic sewage. Grab Sample-An individual sample collected in less than 15 minutes. MGD-Million gallons per day. Petroleum Bulk Stations and Terminals (PBST) -Establishments primarily engaged in the cooperative or wholesale distribution of refined petroleum products or petroleum fuels from bulk liquid storage facilities. Petroleum Fuel -Gasoline, diesel fuel, fuel oil, fuel additives, kerosene and jet fuel, or any other petroleum-based material having physical and chemical properties similar to the listed materials and receiving approval by the executive director for designation as a petroleum fuel. Point Source Discharge-A discharge from any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit or discrete fissure. Publicly Owned Treatment Works or "POTW" -A treatment works owned by a state or municipality, which includes any device or system 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 which 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 facility wastewater from petroleum bulk stations and terminals. Small Petroleum Bulk Stations and Terminal (Small PBST) -An establishment primarily engaged in the cooperative or wholesale distribution of refined petroleum products or petroleum fuels from a bulk liquid storage facility which consists of no greater than 100,000 gallons storage capacity total. Stormwater-Stormwater runoff, snow melt runoff, surface runoff, and drainage. TNRCC-Texas Natural Resource Conservation Commission (commission) and its predecessor agencies responsible for regulating wastewater discharges. Treated Facility Wastewater-Facility wastewater which has been biologically, chemically, or mechanically treated, or which has been treated using other advanced treatment methods and achieves a level of treatment which complies with this subchapter and Chapter 307 of this title (relating to Texas Surface Water Quality Standards). sec.321.232. Purpose and Applicability. (a) The purpose of this subchapter is to regulate by rule the surface discharge of treated facility wastewater and contact stormwater from petroleum bulk stations and terminals to surface water in the state. (b) Discharges are allowable under this subchapter only by registrants of those facilities which have a certificate of registration issued by the executive director under sec.321.234 of this title (relating to Certificate of Registration and Public Notice), and which meet the requirements of sec.321.235 of this title (relating to General Requirements for Discharge), and sec.321.236 of this title (relating to Specific Requirements for Discharge). (c) This rule does not apply to facilities which are part of a petroleum refinery or facilities which store or transfer non-petroleum products such as organic, inorganic, or toxic chemicals. (d) An application for an emergency order, temporary order, or permit as provided by Chapter 305, Subchapter B of this title (relating to Consolidated Permits) must be submitted for the discharge of any other wastewater not authorized by this rule to the water in the state. (e) TNRCC authorization by an emergency order, temporary order, or a separate permit is not required if treated or untreated facility wastewater, or other wastewater is either discharged or transported to a POTW which has a wastewater discharge permit issued by the TNRCC. (f) This rule does not authorize the discharge of any domestic sewage into or adjacent to water in the state. (g) A TNRCC emergency order, temporary order, or permit for discharge of any wastewater from a petroleum bulk station or terminal may supersede the provisions of this rule. (h) Small PBSTs, may be exempt from registration if there is no discharge of facility wastewater and if stormwater pollution prevention measures are implemented to control stormwater runoff, contact stormwater run-on, and potential leaks or spills from the tanks and ancillary facilities. Stormwater pollution prevention measures shall include, at a minimum, a diked or curbed perimeter surrounding the tank area and ancillary facilities to contain contact stormwater runoff and any potential leaks or spills. (i) If the TNRCC denies a registration application under this subchapter, the facility must obtain a permit pursuant to the Texas Water Code, Chapter 26. sec.321.233. Active TNRCC Permits. PBSTs that are currently operating under a valid TNRCC wastewater discharge permit may apply for registration of these operations prior to the expiration date of the permit. Upon issuance of the final TNRCC registration, the TNRCC shall void the permit. This subchapter does not prevent the TNRCC from denying a registration or registration application and requiring the facility to have a permit. sec.321.234. Certificate of Registration and Public Notice. (a) An applicant must apply for registration on a form approved by the TNRCC. A completed application shall be submitted to the TNRCC, Watershed Management Division, Permitting Section. Before issuing a certificate of registration, the executive director will review the application to determine whether the facility operations meet the requirements of sec.321.235 of this title (relating to General Requirements for Discharge) and sec.321.236 of this title (relating to Specific Requirements for Discharge). (b) The executive director may take action on an application to issue a certificate of registration, provided: (1) At least 30 days prior to approving an application and issuing the certificate of registration, notice of the application has been provided by the applicant, at the applicant's cost: (A) in a newspaper regularly published and generally circulated within the county and area wherein the proposed facility and discharge is 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) the notices of application are provided in a format approved by the commission and shall fairly set forth the substance of the application and proposed action, including but not limited to, the general location of any point of discharge, the method of obtaining additional information about the application, and the method for submitting comment on the application. (2) With any application for a 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, which shall consist of: (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 appropriate entities, identified in this subsection, along with a copy(s) of the return receipt acknowledgment from the U.S. Postal Service. (3) The application, including the material required by paragraph (2) of this subsection, shall be mailed to the Permitting Section of the commission's Watershed Management Division. The application shall undergo review by the executive director following the determination that notice requirements of this section are met. (4) Any pertinent comments received by the executive director prior to the end of the 30-day period, after all the 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. (c) A person who wishes to file a motion for reconsideration must comply with the following requirements. (1) The applicant or a person affected may file with the chief clerk a motion for reconsideration of the executive director's final approval of an application. (2) A motion for reconsideration must be filed with the chief clerk not later than the 20th day after the date on which the chief clerk mailed to the applicant the signed registration or other approval. (3) A decision by the executive director, including a registration issued 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 on by the commissioners within 45 days after the date on which the chief clerk mailed the signed registration or approval to the applicant, the motion shall be deemed overruled. When motion for reconsideration is overruled by commission action or pursuant to this subsection, the Texas Government Code, sec.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 Texas Water Code, sec.5. 351 or the Texas Health and Safety Code, sec.361.321. (d) The public notice provisions of this section do not apply to a facility which is operating under a TNRCC wastewater discharge permit if the facility applies for registration prior to the expiration date of the permit. (e) Public notice provisions of this section do not apply to an existing facility which is not operating under a TNRCC wastewater discharge permit if an application for registration is received by the TNRCC within 90 days after the date this rule takes effect. (f) For existing facilities that do not hold a valid TNRCC wastewater discharge permit and are not authorized to discharge by an emergency order or temporary order, an application for registration or an application for a TNRCC wastewater discharge permit must be submitted within 90 days after the date this rule takes effect. sec.321.235. General Requirements for Discharge. (a) Only contact stormwater and treated facility wastewater which meet the requirements of this subchapter may be discharged into or adjacent to water in the state. (b) Facility wastewater and contact stormwater shall be treated, as required to conform to effluent discharge limitations, including reductions of total petroleum hydrocarbons, benzene, BTEX, lead, and other possible pollutants and, if necessary, adjustment of pH. (c) Disposal of solid waste shall be in accordance with the Texas Health and Safety Code, Chapter 361. (d) The discharge shall not cause any nuisance conditions to adjacent land owners along the discharge route. (e) The discharge shall not be acutely toxic to aquatic life, as described in Chapter 307 of this title (relating to Texas Surface Water Quality Standards). (f) The facility shall take all steps necessary to prevent any adverse effects upon human health or safety, or to the environment. Any facility authorized under this subchapter shall comply with the following. (1) The registrant shall report any noncompliance (to include any unauthorized discharges or overflows) with the requirements of this subchapter which may endanger human health or safety or the environment. Report of such information shall be provided orally to the TNRCC Regional Office within 24 hours of becoming aware of the noncompliance. A written submission of such information shall also be provided to the TNRCC Regional Office and to the Austin Office, Watershed Management Division, Enforcement Section, 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. (2) Any noncompliance which exceeds more than 40% from the authorized effluent limitations as expressed in sec.321. 236 of this title (relating to Specific Requirements for Discharge) shall be reported in writing to the TNRCC Regional Office and to the Austin Office, Watershed Management Division, Enforcement Section, within five working days of becoming aware of the condition. (g) The registrant must notify the executive director, in writing, of any change in control or ownership of facilities, or any expansion of facilities authorized under this subchapter. The applicant must send the notification to the TNRCC, Watershed Management Division, Permitting Section. (h) The executive director may deny an application for registration on the following grounds: 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. In making such determination, the executive director may also consider other factors, as necessary to carry out its powers and duties under the Texas Water Code and other laws of the state. sec.321.236. Specific Requirements for Discharge. Facilities regulated under this rule are authorized to discharge treated facility wastewater and contact stormwater from point sources in accordance with the following maximum limitations and monitoring requirements.
                    Figure: 30 TAC s321.236 (1) The pH of the discharge shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored once per week (*1) by grab sample. (2) There shall be no discharge of floating solids or visible foam in other than trace amounts and no discharge of visible oil. (3) Monitoring and reporting requirements for lead are suspended if none of the substances stored at the facility include refined petroleum products or petroleum fuels containing lead or lead additives. If at a later date refined petroleum products or petroleum fuels containing lead or lead additives are stored, then monitoring and reporting requirements for lead are resumed. sec.321.237. Sampling, Reporting, and Recordkeeping. (a) Unless otherwise specified in this subchapter, sampling and laboratory test methods shall comply with procedures specified in sec.319.11 of this title (relating to Sampling and Laboratory Testing Methods). (b) Results of monitoring of each constituent specified in sec.321.236 of this title (relating to Specific Requirements for Discharge) shall be reported by the registrant to the TNRCC Austin Office on the Petroleum Bulk Stations and Terminals Report form approved by the executive director. Monitoring results shall be reported to the TNRCC in accordance with the following schedule.
                      Figure 1: 30 TAC sec.321.237(b) (c) The registrant shall maintain results of monitoring of each constituent specified in sec.321.236 of this title (relating to Specific Requirements For Discharge) or the equivalent information shall be maintained for a minimum of three years and shall make these results readily available for review upon request. The registrant authorized under the terms of this subchapter shall maintain records of the process control, maintenance activities, and solids disposal to include at a minimum: volume and dates on which solids were removed, identity of any transporter, location and identity of any solids disposal site, and method of final disposal. This information shall be maintained for a minimum of five years and shall be readily available for review upon request. sec.321.238. Restrictions. (a) This rule does not convey property rights or grant any exclusive privilege. (b) Nothing in this rule shall be construed to authorize any injury to persons or property, or an invasion of other property rights, or any infringement of state or local law or regulations. (c) Separate authorizations may be required by TNRCC, municipalities, or other agencies for discharges to publicly owned treatment works, domestic sewage plants, stormwater sewers, or for air emissions. sec.321.239. Enforcement and Revocation. 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 the Texas Water Code and in accordance with Chapter 337 of this title (relating to Enforcement). The executive director may revoke any registration granted to a registrant or facility due to noncompliance with the requirements of this subchapter, after notice to the registrant and opportunity for hearing, and such registrant shall cease any discharge until such time as the facility is issued a wastewater discharge permit, an emergency order, or temporary order as provided by Chapter 305, Subchapter B of this title (relating to Consolidated Permits) for the discharge of wastewater into or adjacent to water in the state. sec.321.240. Annual Waste Treatment Fee. (a) In accordance with sec.sec.305.501-305.507 of this title (relating to Waste Treatment Inspection Fee Program), registrants authorized to discharge wastes to surface waters from petroleum bulk stations and terminals 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 Petroleum Bulk Stations and Terminals Report form 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 December 28, 1995. TRD-9516811 Kevin McCalla Director, Legal Services Division Texas Natural Resource Conservation Commission Earliest possible date of adoption: February 5, 1996 For further information, please call: (512) 239-4640 Subchapter N. Handling of Wastes From Commercial Facilities Engaged in Livestock Trailer Cleaning. 30 TAC sec.sec.321.251-321.259 The new sections are proposed under the authority of the Texas Water Code, sec.sec.5.103, 5.105, and 5.120, which provides the Texas Natural Resource Conservation Commission (TNRCC) with the authority to promulgate rules as necessary to carry out its powers and duties under the Texas Water Code and other laws of the state and to establish and approve all general policies of the TNRCC. sec.321.251. Statement of No Discharge Policy. It is the policy of the Texas Natural Resource Conservation Commission that there shall be no discharge of waste or wastewater from commercial livestock trailer cleaning facilities into water in the state. These materials shall be retained and utilized or disposed of on agricultural land. Any discharges from commercial livestock trailer cleaning facilities into water in the state shall be considered unauthorized discharges. No person shall make such discharge without authorization or permit from the TNRCC. sec.321.252. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Agronomic Rate -The wastewater application rate designed: (A) to provide the amount of nitrogen needed by the crop or vegetation grown on the land; and (B) to minimize the amount of nitrogen in the wastewater that passes below the root zone of the crop or vegetation grown on the land to the ground water. Edwards Aquifer -That portion of an arcuate belt of porous, water-bearing limestones composed of the Comanche Peak, Edwards, and Georgetown formations trending from west to east to northeast through Kinney, Uvalde, Medina, Bexar, Comal, Hays, Travis, and Williamson counties. (See Chapter 313 of this title relating to Edwards Aquifer.) Executive Director -The executive director of the TNRCC, or a designated representative. Existing Facilities -Commercial livestock trailer cleaning facilities in active operation prior to January 5, 1996. Facility Wastewater -Any livestock trailer cleaning wastewater collected for treatment and disposal at a commercial facility, in accordance with the requirements of this subchapter. Grab Sample-An individual sample collected in less than 15 minutes. Livestock Trailer Cleaning Facilities-Facilities which provide means to remove, contain, treat and dispose of wastes from livestock trailers. New Facilities -Commercial livestock trailer cleaning facilities not in active operation prior to January 5, 1996. Publicly Owned Treatment Works or "POTW" -A treatment works owned by a state or municipality, which includes any device or system 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 which has jurisdiction over indirect discharges to and discharges from such a treatment works. Recharge Zone-Generally, that area where the Edwards and associated limestones crop out in Kinney, Uvalde, Medina, Bexar, Comal, Hays, and Williamson counties and the outcrops of other formations in proximity to the Edwards limestone, where faulting and fracturing may allow recharge of the surface waters to the Edwards Aquifer, and the area in Uvalde County within 500 feet of the Nueces, Dry Frio, Frio, and Sabinal Rivers downstream from the northern Uvalde County line to the recharge zone as otherwise delineated on official maps located in the offices of the commission and the Edwards Underground Water District. (See Chapter 313 of this title relating to Edwards Aquifer.) Registrant-An individual or entity authorized by the executive director to dispose of wastewater from commercial facilities associated with the handling of waste from livestock trailer cleaning under the terms and requirements of this subchapter. Stormwater-Stormwater runoff, snow melt runoff, surface runoff, and drainage. TNRCC-Texas Natural Resource Conservation Commission (commission) and its predecessor agencies responsible for regulating wastewater discharges. sec.321.253. Purpose and Applicability. (a) The purpose of this subchapter is to regulate by rule the removal, containment, treatment and disposal of wastes occurring at commercial livestock trailer cleaning facilities. The requirements of this subchapter apply to only those livestock trailer cleaning facilities that are described in both paragraphs (1) and (2) of this subsection. (1) The facility is commercial. A facility is "commercial" if the owner or operator provides trailer cleaning services to other persons for profit, or provides such service in conjunction with other services, such as a feedlot or an auction facility. (2) The facility utilizes evaporation ponds, storage pond(s) or other pond(s) with land application as a means of treatment and disposal. (b) The requirements of this subchapter do not apply to other livestock trailer cleaning facilities. (c) A livestock trailer cleaning facility that is subject to the requirements of this subchapter must also comply with other commission rules, if applicable. (d) TNRCC authorization by a registration issued pursuant to this subchapter is not required if untreated facility wastewater is either discharged or transported to a POTW which has a wastewater permit issued by the TNRCC. (e) Notwithstanding subsection (a) of this section, a livestock trailer cleaning facility that is otherwise subject to the requirements of this subchapter, but which is a component of a feedlot or concentrated animal feeding operation regulated under the requirements of this Chapter or regulated by permit as provided by Chapter 305 of this title (relating to Consolidated Permits), is not subject to the requirements of this subchapter. (f) If the TNRCC denies a registration application under this subchapter, the facility must obtain a permit pursuant to the Texas Water Code, Chapter 26. sec.321.254. Certificate of Registration and Public Notice. (a) An applicant must apply for registration on a form approved by the TNRCC. A completed application shall be submitted to the TNRCC's Permitting Section of the Watershed Management Division. Before issuing a certificate of registration, the executive director will review the application to determine whether the facility operations meet the requirements of sec.321.255 of this title (relating to General Requirements for Containment of Wastes and Pond(s)) and sec.321.256 of this title (relating to General Requirements for Land Application). (b) The executive director may take action on an application to issue a certificate of registration, provided: (1) At least 30 days prior to approving an application and issuing the certificate of registration, notice of the application has been provided by the applicant, at the applicant's cost: (A) in a newspaper regularly published and generally circulated within the county and area wherein the proposed facility and discharge is 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) the notices of application are provided in a format approved by the commission and shall fairly set forth the substance of the application and proposed action, including but not limited to, the general location of any point of discharge, the method of obtaining additional information about the application, and the method for submitting comment on the application. (2) With any application for a 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, which shall consist of: (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 appropriate entities, identified in this subsection, along with a copy(s) of the return receipt acknowledgment from the U.S. Postal Service. (3) The application, including the material required by paragraph (2) of this subsection, shall be mailed to the Permitting Section of the commission's Watershed Management Division. The application shall undergo review by the executive director following the determination that notice requirements of this section are met. (4) Any pertinent comments received by the executive director prior to the end of the 30-day period, after all the 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. (c) The public notice provisions of this section do not apply to a facility which is operating under a TNRCC wastewater discharge permit if the facility applies for registration prior to the expiration date of the permit. (d) Public notice provisions of this section do not apply to an existing facility which is not operating under a TNRCC wastewater discharge permit if an application for registration is received by the TNRCC within 90 days after the date this rule takes effect. (e) Livestock trailer cleaning facilities that are currently operating under a valid TNRCC wastewater discharge permit may apply for registration of these operations prior to the expiration date of the permit. Upon issuance of the final TNRCC registration, the TNRCC shall void the permit. This subchapter does not prevent the TNRCC from denying a registration application and requiring the facility to have a permit. (f) An existing facility that does not hold a valid TNRCC wastewater discharge permit must submit an application for registration or an application for a permit within 90 days after the date this rule takes effect. (g) A person who wishes to file a motion for reconsideration must comply with the following requirements. (1) The applicant or a person affected may file with the chief clerk a motion for reconsideration of the executive director's final approval of an application. (2) A motion for reconsideration must be filed with the chief clerk not later than the 20th day after the date on which the chief clerk mailed to the applicant the signed registration or other approval. (3) A decision by the executive director, including a registration issued 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 on by the commissioners within 45 days after the date on which the chief clerk mailed the signed registration or approval to the applicant, the motion shall be deemed overruled. When motion for reconsideration is overruled by commission action or pursuant to this subsection, the Texas Government Code, sec.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 Texas Water Code, sec.5.351 or the Texas Health and Safety Code, sec.361.321. sec.321.255. Requirements for Containment of Wastes and Pond(s). (a) All livestock trailers shall be washed out on a concrete area which is adequately curbed and sloped to allow for containment of all solids and liquids removed from the trailers. Manure may be separated and allowed to dry in this contained concrete area. Wastewater containing solids shall be conveyed directly from the contained concrete area to the treatment or storage pond(s). The pond(s) may be designed to treat wastewater using evaporation, with or without the recycling of wastewaters, as the sole means of disposal or in conjunction with land application. (b) All pond(s) used for the retention of treated or untreated wastewater shall be adequately lined to control seepage. The following methods of pond lining are acceptable. (1) In-situ clay soils or placed and compacted clay soils meeting the following requirements: (A) more than 30% passing a Number 200 mesh sieve; (B) liquid limit greater than 30%; (C) plasticity index greater than 15; (D) a minimum thickness of two feet; (E) permeability equal to or less than 1x10-7 cm/sec (the requirements described in this subparagraph apply only to new ponds constructed or modified after the effective date of these regulations); and (F) soil compaction will be 95% standard proctor density at optimum moisture content (the requirements described in this subparagraph apply only to new ponds constructed or modified after the effective date of these regulations). (2) Membrane lining with a minimum thickness of 30 mils, and an underdrain leak detection system. (3) An alternate method of pond lining may be utilized with prior approval from the executive director. (c) The registrant shall furnish certification by a Texas Registered Professional Engineer that the completed pond lining meets the appropriate criteria described in this section prior to utilization of the facilities. The certification shall be sent to the Austin Office, Enforcement Section, Watershed Management Division of the TNRCC and a copy to the appropriate TNRCC Regional Office. (d) All wastewater retention ponds shall be operated in such a manner as to maintain a minimum freeboard of two feet and shall be monitored in each pond by use of an in-place gage. Gage measurements of freeboard shall be taken from each pond on each day that trailer cleaning services are provided, and the measurements shall be recorded. These records shall be maintained for a minimum of three years and shall be readily available for inspection by commission staff. (e) All waste containment structures or ponds must be constructed as to comply with minimum distance requirements specified in sec.290.41 of this title (relating to Water Sources) and with the minimum distance requirements specified in sec.338.41 of this title (relating to Location of Dewatering, Monitoring, Domestic, Industrial, Injection and Irrigation Wells). sec.321.256. General Requirements. (a) If land application is utilized for disposal of waste or wastewater, the following requirements shall apply. (1) Utilization and disposal methods. (A) Liquid and solid waste shall be distributed on agricultural lands so that neither the waste nor rainfall runoff discharge into water in the state. (B) When irrigation disposal of wastewater is used, tailwater facilities shall be provided as necessary to prevent the release of applied wastewater to water in the state. (C) Disposal of waste and wastewater shall be conducted in such a manner as to prevent nuisance conditions such as odors and flies. (D) Wastewater shall not be irrigated when the ground is frozen or saturated or during rainfall events. (2) Application rates. Liquid and solid waste or wastewater shall be applied in such concentrations and application to the soil shall be made at an agronomic rate suitable to the crop being grown, so as to not inhibit the growth of crops or forage or result in wastewater runoff. (3) Management of wastes. Collection, storage, and disposal of liquid and solid waste or wastewater shall be carried out in accordance with recognized practices of good agricultural management. (b) All solid waste materials stockpiled or retained on-site shall be isolated from all run-on stormwater by dikes, terraces, berms, ditches, or other similar structures and shall be maintained so as to retain all rainfall which comes into contact with the stockpiled solid waste material. (c) The facility shall take all steps necessary to prevent any adverse effects upon human health or safety, or to the environment. Any facility authorized under this subchapter shall report any noncompliance (including any unauthorized discharges or overflows) pursuant to the requirements of this subchapter which may endanger human health or safety or the environment. Report of such information shall be provided orally to the TNRCC Regional Office within 24 hours of becoming aware of the noncompliance. A written submission of such information shall also be provided to the TNRCC Regional Office and to the Austin Office, Watershed Management Division, Enforcement Section, 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. (d) The executive director must be notified, in writing, of any change in control or ownership of facilities, or any expansion of facilities authorized under this subchapter. The applicant must send the notification to the TNRCC's Watershed Management Division, Permitting Section. (e) The executive director may require a facility which seeks authorization under this subchapter to apply for and obtain a TNRCC permit. The executive director may declare that an application for permit must be submitted pursuant to the Texas Water Code, Chapter 26. In making such a determination, the executive director may consider such factors as necessary to carry out its powers a