Current through Reg. 50, No. 13; March 28, 2025
(a) A person wanting an emergency or
temporary order under this chapter shall submit a written application to the
chief clerk. Unless the person submitting the application is the executive
director or the executive director's representative, the application must be
sworn.
(b) If a person seeks an
emergency or temporary order for a bypass of untreated or partially treated
wastewater, as that term is defined in §
305.2 of this title (relating to
Definitions), from a facility that is subject to a Texas pollutant discharge
elimination system permit, the filing of the application for an emergency or
temporary order constitutes prior notice of an anticipated bypass. Filing of
the application for bypass shall be done, if possible, at least ten days before
the date of the bypass. The person must comply with all bypass requirements
under §
305.535 of this title (relating to
Bypasses from TPDES Permitted Facilities).
(c) The application must:
(1) state the name, address, and telephone
number of the applicant, the person submitting the application on the
applicant's behalf, and the person signing the application on the applicant's
behalf;
(2) contain information
sufficient to identify the facility and location to be affected by the
order;
(3) describe the condition
of emergency or other condition justifying the issuance of the order;
(4) allege facts to support any findings
required under this chapter;
(5)
estimate the dates on which the proposed order should begin and end and the
dates on which the activity proposed to be allowed, mandated, or prohibited
should begin and end;
(6) describe
the action sought and the activity proposed to be allowed, mandated, or
prohibited;
(7) include any other
statement or information required by this chapter; and
(8) be accompanied by payment of any
application fees required by the commission.
(d) A copy of the application must be
provided to the division director of the appropriate program on behalf of the
executive director, and to the public interest counsel, at the same time it is
filed with the chief clerk. The division director may designate another
representative of the executive director for this service.
(e) All applications shall be signed as
follows.
(1) For a corporation, the
application shall be signed by a responsible corporate officer. For purposes of
this paragraph, a responsible corporate officer means a president, secretary,
treasurer, or vice-president of the corporation in charge of a principal
business function, or any other person who performs similar policy or
decision-making functions for the corporation; or the manager of one or more
manufacturing, production, or operating facilities employing more than 250
persons or having gross annual sales or expenditures exceeding $25 million (in
second-quarter 1980 dollars), if authority to sign documents has been assigned
or delegated to the manager in accordance with corporate procedures. Corporate
procedures governing authority to sign permit applications may provide for
assignment or delegation to applicable corporate positions rather than to
specific individuals. Documentation of authority to sign must be provided with
the application.
(2) For a
partnership or sole proprietorship, the application shall be signed by a
general partner or the proprietor, respectively.
(3) For a municipality, state, federal, or
other public agency, the application shall be signed by either a principal
executive officer or a ranking elected official. For purposes of this
paragraph, a principal executive officer of a federal agency includes the chief
executive officer of the agency, or a senior executive officer having
responsibility for the overall operations of a principal geographic unit of the
agency (e.g., regional administrator of the United States Environmental
Protection Agency).
(4) For the
executive director, the application shall be signed by the executive director
or any duly authorized representative.
(5) A person other than the executive
director or the executive director's representative signing an application
shall make the following certification: "I certify under penalty of law that
this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete. I am
aware there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing
violations."
(6) For hazardous
solid waste applications, the owner and operator of a facility must sign the
application.
(7) For radioactive
material license applications under Chapter 336 of this title (relating to
Radioactive Substance Rules), the applicant or person duly authorized to act
for and on the applicant's behalf must sign the application.
