Texas Administrative Code
Title 30 - ENVIRONMENTAL QUALITY
Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 279 - WATER QUALITY CERTIFICATION
Section 279.12 - Other State Certification
Universal Citation: 30 TX Admin Code § 279.12
Current through Reg. 49, No. 52; December 27, 2024
(a) Nationwide Permit Certification.
(1) The executive
director shall consider all proposed nationwide permits for certification for
activities that may result in any discharge into or adjacent to water in the
state consistent with §
279.9
of this title (relating to Executive Director Review of Water Quality
Certification Application). Water quality certification for activities
authorized under a nationwide permit is complete at the time the permit is
issued. No additional certification is required for activities authorized under
that nationwide permit.
(2) When a
federal licensing or permitting agency proposes a nationwide permit for an
activity that may result in a discharge, the executive director shall notify:
(A) the Texas Parks and Wildlife
Department;
(B) the Texas Water
Development Board; and
(C) the
Texas General Land Office.
(3) After considering public comments
received in accordance with §
279.5 of
this title (relating to Notice of Application) and other information, the
executive director shall grant, grant conditionally, deny, or waive
certification.
(4) The executive
director shall maintain a list of all applicable nationwide permits and the
executive director's certification action on each one.
(b) General Permit Certification.
(1) The executive director shall consider all
proposed general permits for certification for activities that may result in
any discharge into or adjacent to water in the state consistent with §
279.9
of this title. Water quality certification for activities authorized under a
general permit is complete at the time the permit is issued. No additional
certification is required for activities authorized under that general
permit.
(2) When a federal
licensing or permitting agency proposes a general permit for an activity that
may result in a discharge, the executive director shall notify:
(A) the Texas Parks and Wildlife
Department;
(B) the Texas Water
Development Board; and
(C) the
Texas General Land Office.
(3) After considering public comments
received in accordance with §
279.5 of
this title (relating to Notice of Application) and other information, the
executive director shall grant, grant conditionally, deny, or waive
certification.
(4) The executive
director shall maintain a list of all applicable general permits and the
executive director's certification action taken on each one.
(c) Final Action on Other Certification. The executive director shall send notice of the decision to deny, grant, grant conditionally, or waive certification, including a copy of the certification if granted, to the applicant, the designated contact of the licensing or permitting agency, and any person so requesting. The notification shall be in writing and shall include:
(1) the
name and address of the applicant;
(2) if certification is either granted or
denied, a statement of the basis for the executive director's decision,
including a description of the materials and information examined during the
executive director's review. The statement shall include:
(A) if the activity is certified;
(i) a statement that there is a reasonable
assurance the activity, if conducted according to the terms of the proposed
permit, will not violate the criteria enumerated in §
279.9
of this title; or
(ii) a statement
of conditions, including any monitoring and reporting requirements, necessary
to assure compliance with the criteria enumerated in §
279.9
of this title;
(B) if
certification is denied, an explanation of how the proposed activity will not
satisfy one or more of the criteria enumerated in §
279.9
of this title.
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