Texas Administrative Code
Title 31 - NATURAL RESOURCES AND CONSERVATION
Part 1 - GENERAL LAND OFFICE
Chapter 26 - COASTAL MANAGEMENT PROGRAM
Subchapter B - GOALS AND POLICIES
Section 26.21 - Policies for Discharge of Municipal and Industrial Wastewater to Coastal Waters
Universal Citation: 31 TX Admin Code ยง 26.21
Current through Reg. 49, No. 38; September 20, 2024
(a) TCEQ rules shall:
(1) comply with the requirements of
the Clean Water Act, 33 United States Code Annotated, §§1251 et seq,
and implementing regulations at Code of Federal Regulations, Title 40, which
include establishing surface water quality standards in order to protect
designated uses of coastal waters, including the protection of uses for water
supply, recreational purposes, and propagation and protection of terrestrial
and aquatic life, and establishing water-quality-based effluent limits,
including toxicity monitoring and specific toxicity or chemical limits as
necessary to protect designated uses of coastal waters;
(2) provide for the assessment of water
quality on a coastal watershed basis as required by the Texas Water Code,
§
26.0135(d);
(3) to the greatest extent practicable,
provide that all permits for the discharge of wastewater within a given
watershed or region of a single watershed contain the same expiration date in
order to evaluate the combined effects of permitted discharges on water quality
within that watershed or region;
(4) identify and rank waters that are not
attaining designated uses and establish total maximum daily pollutant loads in
accordance with those rankings using scientifically valid models calibrated and
validated with monitored data and with public input from affected stakeholders;
and
(5) require that increases in
pollutant loads to coastal waters shall not:
(A) impair designated uses of coastal waters;
or
(B) result in degradation of
coastal waters that exceed fishable/swimmable quality except in cases where
lowering coastal water quality is necessary for important economic or social
development.
(b) Discharge of municipal and industrial wastewater in the coastal zone shall comply with the following policies.
(1) Discharges shall comply with
water-quality-based effluent limits.
(2) Discharges that increase pollutant
loadings to coastal waters shall not impair designated uses of coastal waters
and shall not significantly degrade coastal water quality unless necessary for
important economic or social development.
(3) To the greatest extent practicable, new
wastewater outfalls shall be located where they will not adversely affect
critical areas.
(c) The TCEQ shall comply with the policies in this section when adopting rules and authorizing wastewater discharges under Texas Water Code, Chapter 26.
(d) The TCEQ shall consult with the Texas Department of State Health Services when reviewing permit applications for wastewater discharges that may significantly adversely affect oyster reefs.
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