Current through Reg. 50, No. 13; March 28, 2025
(a) The purpose of
this subchapter is to delegate authority to the executive director and to
specify applications on which the executive director may take action on behalf
of the commission. This subchapter does not affect the executive director's
authority to act on an application where that authority is delegated
elsewhere.
(b) This subchapter
applies to applications that are administratively complete on or after
September 1, 1999 and to certifications of Water Quality Management Plan (WQMP)
updates. Except as provided by subsection (c) of this section, this subchapter
applies to:
(1) air quality permits under
Chapter 116 of this title (relating to Control of Air Pollution by Permits for
New Construction or Modification);
(2) appointments to the board of directors of
districts created by special law;
(3) certificates of adjudication;
(4) district matters under Texas Water Code
(TWC), Chapters 49 - 66;
(5)
districts' proposed impact fees, charges, assessments, or contributions
approvable under Texas Local Government Code, Chapter 395;
(6) extensions of time to commence or
complete construction;
(7)
industrial and hazardous waste permits;
(8) municipal solid waste permits;
(9) on-site wastewater disposal system
permits;
(10) radioactive waste or
radioactive material permits or licenses;
(11) underground injection control
permits;
(12) water rights
permits;
(14) weather modification
measures permits;
(15) driller
licenses under TWC, Chapter 32;
(16) pump installer licenses under TWC,
Chapter 33;
(17) irrigator or
installer registrations under TWC, Chapter 34; and
(18) municipal management district matters
under Texas Local Government Code, Chapter 375.
(c) In addition to those things excluded from
coverage under §
50.102 of this title (relating to
Applicability), this subchapter does not apply to:
(1) air quality standard permits under
Chapter 116 of this title, except for air quality standard permits that require
a decision by the executive director;
(2) air quality exemptions from permitting
and permits by rule under Chapter 106 of this title (relating to Permits by
Rule) except for concrete batch plants which are not contiguous or adjacent to
a public works project;
(3)
consolidated proceedings covering additional matters not within the scope of
subsection (b) of this section;
(4)
district matters under TWC, Chapters 49 - 66, as follows:
(A) an appeal under TWC, §49.052 by a
member of a district board concerning his removal from the board;
(B) an application under TWC, Chapter 49,
Subchapter K, for the dissolution of a district;
(C) an application under TWC, §49.456
for authority to proceed in bankruptcy;
(D) an appeal under TWC, §54.239, of a
board decision involving the cost, purchase, or use of facilities; or
(E) an application under TWC, §54.030
for conversion of a district to a municipal utility district;
(5) actions of the executive
director under Chapters 101, 111 - 115, 117, and 118 of this title (relating to
General Air Quality Rules; Control of Air Pollution From Visible Emissions and
Particulate Matter; Control of Air Pollution From Sulfur Compounds; Standards
of Performance for Hazardous Air Pollutants and for Designated Facilities and
Pollutants; Control of Air Pollution From Motor Vehicles; Control of Air
Pollution From Volatile Organic Compounds; Control of Air Pollution From
Nitrogen Compounds; and Control of Air Pollution Episodes);
(6) all compost facilities authorized to
operate by registration under Chapter 332 of this title (relating to
Composting); and
(7) an application
for creation of a municipal management district under Texas Local Government
Code, Chapter 375.
(d)
Regardless of subsection (b) or (c) of this section, when the rules governing a
particular type of application allow a motion for reconsideration, §
50.139(b) - (f)
of this title (relating to Motion to Overturn Executive Director's Decision)
applies. If the rules under which the executive director evaluates a
registration application provide criteria for evaluating the application, the
commission's reconsideration will be limited to those criteria.
