tceq pond requirements

1109 (H.B. (b) The commission shall publish notice of a proposed general permit in a daily or weekly newspaper of general circulation in the area affected by the activity that is the subject of the proposed general permit and in the Texas Register. The term does not include naphtha-type jet fuel, kerosene-type jet fuel, or a petroleum product destined for use in chemical manufacturing or feedstock of that manufacturing. (g) The order canvassing the results of the confirmation election shall contain a description of the regional system's boundaries and shall be filed in the deed records of the county or counties in which the regional system is located. September 1, 2011. (5) "Owner" means any person having title, wholly or partly, to the land on which a quarry exists or has existed. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 26.135. pond. Sept. 1, 2001. (a) Except as provided by this section, the Railroad Commission of Texas is solely responsible for the control and disposition of waste and the abatement and prevention of pollution of surface and subsurface water resulting from: (1) activities associated with the exploration, development, and production of oil or gas or geothermal resources, including: (A) activities associated with the drilling of injection water source wells which penetrate the base of useable quality water; (B) activities associated with the drilling of cathodic protection holes associated with the cathodic protection of wells and pipelines subject to the jurisdiction of the Railroad Commission of Texas; (C) activities associated with gasoline plants, natural gas or natural gas liquids processing plants, pressure maintenance plants, or repressurizing plants; (D) activities associated with any underground natural gas storage facility, provided the terms "natural gas" and "storage facility" shall have the meanings set out in Section 91.173, Natural Resources Code; (E) activities associated with any underground hydrocarbon storage facility, provided the terms "hydrocarbons" and "underground hydrocarbon storage facility" shall have the meanings set out in Section 91.201, Natural Resources Code; and. The operator shall provide copies of the analysis to the commission. 965, Sec. 485), Sec. The term: (i) tail water or runoff water from irrigation associated with an animal feeding operation or concentrated animal feeding operation that is located in a major sole source impairment zone as defined by Section 26.502; or. (2) taking corrective action and compensating for water quality effects caused by an unauthorized discharge resulting from quarrying. 8.01, eff. (p) The comptroller may add a penalty of 75 percent of the amount of the fee, penalty, and interest due if failure to file the report or pay the fee when it comes due is attributable to fraud or an intent to evade the application of this section or a rule made under this section or Chapter 111, Tax Code. Riser - A vertical pipe which extends from the bottom of a pond stormwater practice and houses the 121, Sec. Developing Your Stormwater Pollution Prevention Plan (pdf) (2.7 MB) EPA Example Construction SWPPP: Medium-Sized (20-acre) Residential Subdivision (pdf) (1.57 MB) EPA Example Construction SWPPP: Small Commercial Site (< 5 acres) (pdf) (983.13 KB) 795, Sec. backflow prevention assembly testing Sec. In establishing the charges and assessments, the local government shall take into account: (1) the volume, type, character, and quality of the waste of each user or class of users; (2) the techniques of treatment required; (3) any capital costs and debt retirement expenses of the disposal system required to be paid for from the charges and assessments; (4) the costs of operating and maintaining the system to comply with this chapter and the permits, rules, and orders of the commission; and. SUBCHAPTER I. After hydrostatic testing is completed, will the test water be stored or staged in frac tank(s) prior to discharge? 1072, Sec. 828, Sec. 26.040. 448 (H.B. 880, Sec. (3) fails or refuses to comply with or violates a comptroller's rule for administering or enforcing this section. Sec. A water quality plan may be amended from time to time on filing with the commission, and all such amendments shall be accepted by the commission unless there is a finding that the amendment will impair the attainment of water quality protection as defined in this section. 16, Sec. (h) The legislature, through the General Appropriations Act, may provide funds for the conduct of elections required under this section. PROHIBITION OF DISCHARGE TO A PLAYA FROM A CONCENTRATED ANIMAL FEEDING OPERATION. (a) The legislature finds and declares that it is necessary to the health, safety, and welfare of the people of this state to implement the state policy to encourage and promote the development and use of regional and area-wide waste collection, treatment, and disposal systems to serve the waste disposal needs of the citizens of the state and to prevent pollution and maintain and enhance the quality of the water in the state. Acts 2011, 82nd Leg., R.S., Ch. (c) When in the judgment of the commission significant water quality management benefits will result or water quality management needs justify, the commission may also prescribe reasonable requirements for any person or persons making discharges of any waste or of any pollutant to monitor and report on the quality of any water in the state which the commission has reason to believe may be materially affected by the discharges. 11, eff. (a) This section applies: (1) to a lender that has a security or lienhold interest in an underground or aboveground storage tank, in real property on which an underground or aboveground storage tank is located, or in any other personal property attached to or located on property on which an underground or aboveground storage tank is located, as security for a loan to finance the acquisition or development of the property, to finance the removal, repair, replacement, or upgrading of the tank, or to finance the performance of corrective action in response to a release of a regulated substance from the tank; or. Disclaimer. 644, Sec. 5; Acts 1995, 74th Leg., ch. (B) any expenses for corrective action for confirmed releases initially discovered and reported to the commission after December 22, 1998. Summary Of Statewide Rule 8 - Railroad Commission of Texas (a) In considering the issuance of a permit to discharge effluent into any body of water having an established recreational standard, the commission shall consider any unpleasant odor quality of the effluent and the possible adverse effect that it might have on the receiving body of water, and the commission may consider the odor as one of the elements of the water quality of the effluent. Amended by Acts 1977, 65th Leg., p. 1640, ch. SUBCHAPTER K. OCCUPATIONAL LICENSING AND REGISTRATION. (22) "Identified state supplement to an NPDES permit" means any part of a permit on which the commission has entered a written designation to indicate that the commission has adopted that part solely in order to carry out the commission's duties under state statutes and not in pursuance of administration undertaken to carry out a permit program under approval by the Administrator of the United States Environmental Protection Agency. 1, eff. 2, eff. Sept. 1, 1977; Acts 1979, 66th Leg., p. 1984, ch. (f) Repealed by Acts 2009, 81st Leg., R.S., Ch. (b) The local government in its rules may establish the charges and assessments which may be made to and collected from all persons who discharge waste to the disposal system or who have conduits or other facilities for discharging waste connected to the disposal system, referred to in this subsection as "users." (e) An indemnification, hold harmless, or similar agreement or conveyance is not effective to transfer the liability imposed under this section from the owner or operator of an underground or aboveground storage tank or from a person who may be liable for a release or threat of release to any other person. (2) permit a designated agent or employee of the commission at all reasonable times to have access to and to copy all records relating to the tank. Added by Acts 1999, 76th Leg., ch. 1.080, eff. Aug. 28, 1995. (2) testing of water samples drawn from the Brazos River and its tributaries in the riverway. (o) The petroleum storage tank remediation account may be used to pay for corrective action in response to a release whether the action is taken inside or outside of the boundaries of the property on which the leaking petroleum storage tank is located. EFFECT ON OTHER LAWS. August 27, 2007. (c) After the hearing, the commission shall enter an order setting forth its findings and the rates which may be charged for the services by the owner or operator of the designated regional or area-wide system. CORRECTIVE ACTION. (j) A municipality may not enforce in a zone any of its ordinances, land use ordinances, rules, or requirements including, but not limited to, the abatement of nuisances, pollution control and abatement programs or regulations, water quality ordinances, subdivision requirements, other than technical review and inspections for utilities connecting to a municipally owned water or wastewater system, or any environmental regulations which are inconsistent with the land use plan and the water quality plan or which in any way limit, modify, or impair the ability to implement and operate the water quality plan and the land use plan within the zone as filed; nor shall a municipality collect fees or assessments or exercise powers of eminent domain within a zone until the zone has been annexed for the municipality. (e) Under this subchapter, the commission may use money in the waste management account to: (1) pay the costs of taking corrective action; (2) provide matching funds for grants and to fund contracts executed under this subchapter; and. 17, eff. 966, Sec. Sept. 1, 1977; Acts 1985, 69th Leg., ch. June 16, 1991; Acts 1997, 75th Leg., ch. (d) After the commission enters an order under Subsection (c) of this section and if the commission receives a timely and sufficient request for an election as provided in Section 26.087, the commission shall designate a presiding judge for an election, to determine whether the proposed regional or area-wide system or systems operated by the designated regional entity should be created. 1.093, eff. 26.026. June 16, 1995; Acts 1997, 75th Leg., ch. 1.081, eff. (c) If after the hearing the commission finds that a regional or area-wide system or systems are necessary or desirable to prevent pollution or maintain and enhance the quality of the water in the state, the commission may enter an order defining the area in which such a system or systems are necessary or desirable. (b) A taxing unit is not liable as an owner or operator under this subchapter solely because the taxing unit holds indicia of ownership because of a tax foreclosure sale under the Tax Code. 26-ft L x 26-ft W Black High Density Polyethylene Pond Liner (20-Gallons) Model # PP2620. Sept. 1, 1989. 965, Sec. 333, Sec. Procedures for Collecting Wastewater Samples | US EPA (d) If the commission uses money from the petroleum storage tank remediation account for corrective action or enforcement and if the costs are recovered under this section, the commission may not recover more than the amount of the applicable owner or operator contribution described by Section 26.3512 of this code from an eligible owner or operator for corrective action for each occurrence. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 21, eff. PDF Pond Waste Disposal Stormwater Ponds - AustinTexas.gov (c) The control and elimination of noxious weeds, grasses, and vegetation in the rivers, tributaries, impoundments, and reservoirs of the state through the application by river authorities or their agents, employees, or contractors, in compliance with applicable law, licenses, and permits, of aquatic herbicides are essential governmental functions, and except to the extent provided in Chapter 101, Civil Practice and Remedies Code, nothing herein shall be deemed or construed to waive, limit, or restrict the governmental immunity of river authorities in the performance of such governmental functions. (i) The commission may order an owner or operator of an underground storage tank that fails to maintain acceptable evidence of financial responsibility to place the tank out of service in the same manner that the commission may issue such an order under Section 26.3475(e). September 1, 2011. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Amended by Acts 2001, 77th Leg., ch. 1.103, eff. (e) A violation of this subchapter also constitutes an offense that may be prosecuted and punished under Section 7.147. Acts 2007, 80th Leg., R.S., Ch. 26.036. Sec. (e) Insofar as may be practical, the water quality management plans shall be reasonably compatible with the other governmental plans for the area, such as area or regional transportation, public utility, zoning, public education, recreation, housing, and other related development plans. (c) No person may cause, suffer, allow, or permit the discharge of any waste or the performance of any activity in violation of this chapter or of any permit or order of the commission. 1232 (H.B. The request shall include a petition signed by 50 persons holding title to the land within the proposed regional or area-wide system or systems, as indicated by the county tax rolls. As a cautionary note, ponds that capture rainwater flowing down a 401 Certification Tracking System. 26.554. Amended by Acts 1997, 75th Leg., ch. Based on committee and public input, each steering committee shall develop water quality objectives and priorities that are achievable considering the available technology and economic impact. (g) The commission, in accordance with this subchapter and rules adopted under this subchapter, may: (1) contract directly with a person to perform corrective action and pay the contractor from the petroleum storage tank remediation account; (2) reimburse an eligible owner or operator from the petroleum storage tank remediation account for the expenses of a corrective action that was: (A) performed on or after September 1, 1987; and, (B) conducted in response to a confirmed release that was initially discovered and reported to the commission on or before December 22, 1998; or. Corrective action may include: (1) site cleanup, including the removal, treatment, and disposal of surface and subsurface contamination; (2) removal of underground or aboveground storage tanks; (3) measures to halt a release in progress or to prevent future or threatened releases of regulated substances; (4) well monitoring, taking of soil borings, and any other actions reasonably necessary to determine the extent of contamination caused by a release; (5) providing alternate water supplies; and. (a) The commission shall provide notice of a hearing under Section 26.024 of this code by publishing the notice in the Texas Register. Acts 2009, 81st Leg., R.S., Ch. In administering the program for making grants and loans to and contracting with local governments, regional planning commissions, and planning agencies as authorized in Subsection (c) of Section 26.036 of this code, the commission shall adopt rules and procedures for the necessary engineering review and supervision, fiscal control, and fund accounting. PDF Stormwater Wet Pond and Wetland - Us Epa Sept. 1, 1985; Acts 1995, 74th Leg., ch. Manning's Equation: 2/3 1/2 V = (K/n) R S f. Where: K = 1.49 for English units, Amended by Acts 1987, 70th Leg., ch. 642, Sec. Sec. 234, Sec. (10) "Agricultural waste" means waterborne liquid, gaseous, or solid substances that arise from the agricultural industry and agricultural activities, including without limitation agricultural animal feeding pens and lots, structures for housing and feeding agricultural animals, and processing facilities for agricultural products. June 1, 2010. An eligible owner or operator of a site that is placed in the state-lead program under this subsection is not liable to the commission for any costs related to the corrective action. Section 11.142 of the Texas Water Code allows a person, without obtaining a permit from the TCEQ, to construct on their own property a dam, pond or reservoir storing not more than 200 acre-feet of water for domestic and livestock and fish and wildlife purposes . 795, Sec. Sec. 77, Sec. 870, Sec. 8, eff. (i) A settlement agreement does not discharge the liability of a nonsettling person to the state unless the agreement provides otherwise. (f) An aboveground storage tank that is located at or is part of a petrochemical plant, a petroleum refinery, an electric generating facility, or a bulk facility as that term is defined by Section 26.3574(a) of this code is exempt from regulation under this subchapter but is not exempt for purposes of the fee imposed under Section 26.3574 of this code. 533, Sec. Note: The use of surface waters may require a temporary water use permit from the Texas Commission on Environmental Quality (TCEQ). Acts 2005, 79th Leg., Ch. To describe how episodes of gender violence notified to the Registro de Atencin Sanitaria en Violencia contra las Mujeres del Principado de Asturias (VIMPA) are registered in the clinical records of a health area of this geographical region. (b) For any application involving an average daily discharge of five million gallons or more, the notice shall be given: (1) not later than 20 days before the date on which the commission acts on the application; and. September 1, 2005. The commission has the sole and exclusive authority to set water quality standards for all water in the state. May 31, 1989. DEFINITIONS. Added by Acts 1987, 70th Leg., ch. 5, eff. WATERSHED MONITORING AND ASSESSMENT OF WATER QUALITY. 1, eff. 870, Sec. Irrigation water rights, non-priority hydroelectric rights of a water right holder that owns or operates privately owned facilities that collectively have a capacity of less than two megawatts, and water rights held in the Texas Water Trust for terms of at least 20 years will not be subject to this assessment. (b) The commission shall establish a procedure by which, in response to a written request, a person or organization will be sent a copy of an inspection, investigation, or compliance report for a specified facility or system or for facilities or systems in a specified area or, on a regular basis, a copy of the information released under Subsection (a) of this section. natural watercourse on the landowners property. 1, eff. groundwater beneath their land. Acts 2017, 85th Leg., R.S., Ch. limit production from that well even during times of drought. Sept. 1, 1997. 870, Sec. 2559), Sec. 26.2171. (B) any one or combination of underground storage tanks and any connecting underground pipes that contain petroleum products and that are regulated by the commission. (b) After a public hearing, notice of which shall be given to the permittee, the commission may require the permittee, from time to time, for good cause, in conformance with applicable laws, to conform to new or additional conditions. 26.553. (d) The owner or owners of a contiguous tract of land in excess of 1,000 acres that is located within an area subject to this section may designate the tract as a "water quality protection zone." Description of the pipeline or tank to be tested. Section 11.142 of the Texas Water Code allows a person, without obtaining a permit from the TCEQ, to construct on their own property a dam, pond or reservoir storing not more than 200 acre-feet of water for domestic and livestock and fish and wildlife purposes. 1, eff. This site needs JavaScript to work properly. (e-1) An insurance company or other entity that provides insurance coverage or another form of financial assurance to an owner or operator of an underground storage tank for purposes of this section shall notify the commission if the insurance coverage or other financial assurance is canceled or not renewed. (k) The commission in implementing the Performance Standards for Safety at Storage Vessels Program shall require an owner or operator of a storage vessel or a designated third party as assigned by the owner or operator to certify compliance status every 10 years with the standards referenced in Subsections (d) and (e) as applicable. Renumbered from Sec. September 1, 2005. (a) No person shall be held liable under this subchapter for any spill or discharge resulting from an act of God, act of war, third party negligence, or an act of government. Sept. 1, 1997. 4.44, eff. (5) funds from the federal government and other sources for use in connection with the storage tank program. 870, Sec. 26.033. (b) The commission shall require a responsible party to obtain a general permit under Section 26.040 for any quarry that is located in a water quality protection area and located a distance of more than one mile from any water body. (6) "Waste" means sewage, industrial waste, municipal waste, recreational waste, agricultural waste, or other waste, as defined in this section. Sec. (4) any other matters that justice may require. (d) The legislature recognizes the important role of the use of the best professional judgment of the responsible state agencies in attaining the groundwater goal and policy of this state. 1135, Sec. (B) enhance fish, wildlife, and related environmental resources where practicable. Sept. 1, 2001. (10) a representative of the Water Well Drillers and Water Well Pump Installers Program of the Texas Department of Licensing and Regulation selected by the executive director of the department. Sept. 1, 1989. 277, Sec. 76, Sec. All fees collected by any state agency shall be deposited to the credit of the water resource management account for use by the commission or delegated authority. Sept. 1, 1977; Acts 1985, 69th Leg., ch. Sept. 1, 1999. Sept. 1, 2003. (b) Within any standard metropolitan statistical area in the state, the commission is authorized to implement this policy in the manner and in accordance with the procedure provided in Sections 26.081 through 26.086 of this code. The response is available to the public and shall be mailed to each person who made a comment. percolating beneath the land surface filling the pore spaces of rock and soil 26.560. Sec. (5) "Person" includes an individual, firm, corporation, association, and partnership. In considering an applicant's compliance history under this subsection, the commission shall consider as evidence of compliance information regarding the applicant's implementation of an environmental management system at the facility for which the permit, permit amendment, or permit renewal is sought. 1.05, eff. Sept. 1, 2003. Sec. 795, Sec. Sec. 2, eff. 1135, Sec. 1, eff. PERMITS AUTHORIZING DISCHARGES FROM CERTAIN SEAWATER DESALINATION FACILITIES. Amended by Acts 1977, 65th Leg., p. 2207, ch. 26.341. An operator must apply for a "minor permit" to discharge hydrostatic test water to land surface. (2) to each county judge in the county or counties located within 100 statute miles of the point of discharge who have requested in writing that the commission give that notice and through which water, into or adjacent to which waste or pollutants are to be discharged under the permit, flows after the discharge. September 1, 2011. (a-1) A rule adopted under Subsection (a) may not apply to the disposal of carcasses of poultry that died as a result of a disease, which is governed by Section 161.004, Agriculture Code. (a) Any owner, operator, demise charterer, or person in charge of a vessel or of any on-shore facility or off-shore facility shall immediately undertake all reasonable actions to abate and remove the discharge or spill subject to applicable federal and state requirements, and subject to the control of the federal on-scene coordinator. Facilities or equipment used exclusively for wastewater treatment, and which do not satisfy any requirements of the SPCC June 11, 1993; Acts 1993, 73rd Leg., ch. Sec. 1, eff. public drinking water system Sec. September 1, 2021. 411, Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Watershed monitoring and assessments involving agricultural or silvicultural nonpoint source pollution shall be coordinated through the State Soil and Water Conservation Board with local soil and water conservation districts. Amended by Acts 1977, 65th Leg., p. 1646, ch. REGISTRATION OF GEOSCIENTISTS WHO CONTRACT TO PERFORM CORRECTIVE ACTION. May 31, 1989. 26.3441. Added by Acts 2001, 77th Leg., ch. 1557), Sec. 8900, Sec. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. (h) A fee collected under this section shall be deposited in the State Treasury to the credit of a special program to be used only for administering the commission's Edwards Aquifer program, including: (1) monitoring surface water, stormwater, and groundwater quality in the Edwards Aquifer program area; and. 26.301. Quite simply, if the pond will be filled with water from a watercourse, a state right water permit may be required. 1987), Sec. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 8, eff. (b) An owner or operator of an underground storage tank who violates Subsection (a) commits an offense that is punishable as provided by Section 7.156 for an offense under that section. Pumping Water into a Private Lake in Texas. If you will be discharging HT wastewater to surface waters, do not use this application. 1, eff. 25(1), eff. (g) Authorization to discharge under a general permit does not confer a vested right. The commission shall fully consider all written and oral submissions on the proposed plan. (c-1) The commission may undertake corrective action to remove an underground or aboveground storage tank that: (1) is not in compliance with the requirements of this chapter; (4) is owned or operated by a person who is financially unable to remove the tank. September 1, 2005. Aug. 27, 1979; Acts 1981, 67th Leg., p. 413, ch. 26.018. The State Soil and Water Conservation Board shall coordinate and administer all programs for abating agricultural or silvicultural nonpoint source pollution, as provided by Section 201.026, Agriculture Code. 1072, Sec. (3) regional information about the susceptibility of a particular drinking water source to a specific type of pollution. EXPIRATION OF REIMBURSEMENT PROGRAM. 768, Sec. (4) a person who owns or operates fewer than 13 single petroleum storage tanks, the first $1,000. Aug. 26, 1991. WASTE APPLICATION FIELD SOIL SAMPLING AND TESTING. 26.363. 1303), Sec. Amended by Acts 1977, 65th Leg., p. 2207, ch. June 16, 1995; Acts 1999, 76th Leg., ch. 26.354. (a) As used in this section, "Edwards Aquifer" means that portion of an arcuate belt of porous, waterbearing limestones composed of the Comanche Peak, Edwards, and Georgetown formations trending from west to east to northeast through Kinney, Uvalde, Medina, Bexar, Kendall, Comal, and Hays counties, respectively, and as defined in the most recent rules of the commission for the protection of the quality of the potable underground water in those counties. The individual's notice to the commission must include the location, volume, and content of the discharge or spill. 977, Sec. 553, Sec. 26.176. CONSIDERATION AND PROCESSING OF APPLICATIONS FOR REIMBURSEMENT. (13) "Pollutant" means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, filter backwash, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into any water in the state. 26.0281. 1 and amended by Acts 1995, ch. (E) minor maintenance on ancillary aboveground equipment. (h) The owner or operator of an evaporation pit shall provide the commission with proof that the owner or operator has financial assurance adequate to ensure satisfactory closure of the pit. 7, eff. PERMIT CONDITIONS AND PRETREATMENT STANDARDS CONCERNING PUBLICLY OWNED TREATMENT WORKS. 2, eff. COOPERATIVE AGREEMENTS. (b) Except as provided by Subsection (d), the Railroad Commission of Texas may issue permits for the discharge of waste resulting from the activities described by Subsection (a), and the discharge of waste into water in this state resulting from those activities must meet the water quality standards established by the commission. Landowners Amended by Acts 1995, 74th Leg., ch. HEARING POWERS. 1, eff. (f) The commission may not establish any requirements for eligibility under this section that are not consistent with this subchapter or with federal law and federal regulations. (f) Copies of each rule issued by the commission under this section shall be filed in the offices of the commission in Austin, in the office of the Secretary of State in Austin, and posted on the commission's Internet website. 14, eff. Aug. 29, 1977. 642, Sec. 26.131. 315, Sec. 870, Sec. 333, Sec. 26.179. (c) In those portions of the state which are not within a standard metropolitan statistical area, the commission shall observe this state policy by encouraging interested and affected persons to cooperate in developing and using regional and area-wide systems. 870, Sec. A steering committee established by the commission to comply with this subsection in the absence of a river authority or other qualified local government is not subject to Chapter 2110, Government Code.

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tceq pond requirements