Common use of TNRCC RESPONSIBILITIES Clause in Contracts

TNRCC RESPONSIBILITIES. TNRCC shall: 1. Exercise the legal authority through TNRCC regulations and the state statutes required by the CWA to carry out the TPDES, Pretreatment, and Sewage Sludge programs. The legal authority to carry out the requirements of permitting (40 CFR §123.25), for compliance evaluation (§123.26), for enforcement authority (§123.27), for the pretreatment program (§403.10), and for the sewage sludge program (40 CFR §§122.21, referencing 501.15(a)(2), and 123.27) are described in more detail in the Attorney General's Statement; 2. Process all incoming applications for new and amended TPDES permits in accordance with processing time standards as specified in 30 TAC Chapter 281; process all applications for renewals of existing permits in a manner which coincides with either the basin permitting rule (30 TAC §305.71) in accordance with §26.0285, Texas Water Code, or a five-year cycle of renewal for the following categories of applicants: a. non-domestic wastewater discharges, including industrial, commercial, silviculture, concentrated animal production, and concentrated aquatic animal production activities; b. domestic wastewater discharges, including publicly owned treatment works and privately owned treatment works; c. sewage sludge management, including use, processing and disposal; and d. storm water discharges regulated under NPDES, including municipal separate storm sewer systems and storm water associated with industrial activity, except that EPA shall process any necessary modifications for a storm water permit EPA issued. 3. Process an EPA request for issuance or reissuance of a specified permit that will be addressed by TNRCC within six (6) months of the written request; 4. Process Pretreatment program requests and modifications, including local limit modifications, and conduct pretreatment audits, performing technical evaluations of all pretreatment programs (described in detail in Section VI. of this MOA); 5. Evaluate and assess compliance with enforcement documents including permits, registrations, administrative orders, consent orders, and court orders which deal with CWA issues including effluent limitations reporting, compliance schedules, operation and maintenance, pretreatment, and sewage sludge, except as provided for by Section III.B.8. of this MOA; 6. Monitor compliance with approved pretreatment programs and with pretreatment standards, including industrial users outside approved POTW pretreatment programs; 7. Maintain an effective enforcement program by taking timely and appropriate actions for wastewater permit violations, unpermitted discharges, sewage sludge and pretreatment violations in accordance with Texas statutes, Title 30 of the Texas Administrative Code, federal NPDES requirements, and Clean Water Act. TNRCC will utilize EPA national and regional policies and guidance to the extent there is no conflict with Texas statutes, a specific state policy, or guidance adopted by TNRCC. TNRCC agrees to consider EPA national and regional policies and guidance when adopting corresponding or related state policies and guidance and will avoid state policies or guidance that would conflict with §402(b) of the CWA or applicable federal regulations or limit TNRCC's ability to implement the NPDES program; 8. Maintain adequate file information relating to each TPDES permit. This information will be readily available to EPA and shall include the following information: a. Permit application; b. Current issued permit; c. Draft permit submitted for public notice; d. Public notice; e. Public comments received orally and in writing; f. Fact sheet or statement of basis, including effluent data; g. Inspection reports and compliance information; h. Enforcement orders and documents related to other enforcement actions; I. Discharge monitoring reports, including whole effluent toxicity (WET) and toxicity reduction evaluation (TRE) information; j. Documents related to pretreatment; k. Sewage sludge related documents; l. Storm water related documents, including Storm Water Management Plans (SWMPs) and Pollution Prevention Plans (SWPPPs) submitted to TNRCC; m. Requests for hearing, motions for reconsideration and rehearing, and any order issued by the commission; and n. Other pertinent information, memoranda, and correspondence; 9. Make available to the public all permit applications, permits, effluent data, inspection reports and other documents pertaining to the TPDES program consistent with the Texas Public Information Act (Local Government Code Chapter 552) and 30 TAC §§305.45 - 305.46 describing in detail the contents of applications and those materials which may be considered confidential; 10. Except as identified in Section III.B.8. of this MOA, regulate by rule or general permit in accordance with §26.040 of the Texas Water Code certain categories of discharges, including concentrated animal feeding operations (as defined in 40 CFR §§122.23-122.24), while preserving the ability to require individual permits for particular facilities as needed; 11. Direct input of permit and enforcement data into the National Permit Compliance System (PCS) in accordance with 40 CFR §123.26(e)(4); 12. Submit to EPA the information described in the CWA Section 106 program grant (Performance Partnership Grant or PPG) between the TNRCC and EPA or other related TNRCC/EPA agreements and submit information specified in applicable portions of 40 CFR Parts 123 and 503. Additionally, upon request by the EPA, the TNRCC shall submit information and allow access to files for evaluating the TNRCC administration of the TPDES program; 13. Provide statistical information needed by EPA for the Reporting for Enforcement and Compliance Assurance Priorities (RECAP) in accordance with 40 CFR §123.45; 14. Maintain an approved Continuing Planning Process (CPP) adopted by the Commission in accordance with 40 CFR §130.5(c). Within the CPP adopted by the Commission on October 15, 1997, is included a separate document describing how Texas water quality standards are implemented. This document is titled the Water Quality Standards Implementation Procedures (IPs), which is maintained consistent with 40 CFR §130.5(b)(6). The IPs are revised, as necessary, after triennial review of the Texas surface water quality standards and as needed between standards revisions; 15. Initiate procedures to amend, revoke, suspend, renew, or terminate permits upon the request of EPA. The TNRCC will process the request in a timely manner in accordance with applicable state law and 30 TAC Chapters 281 and 305 or may require the permittee to submit an updated application if further information is requested before proceeding; 16. Assess and collect administrative penalties, seek civil penalties, and criminal remedies as appropriate for noncompliance and take whatever steps are necessary to ensure a return to compliance within the shortest time possible; 17. Ensure new federal NPDES regulations are incorporated into state regulations within one year of federal promulgation or within two (2) years if a state statute must first be enacted; and 18. Not oppose intervention in a contested case enforcement hearing on a TPDES permit by a citizen who has standing to intervene pursuant to 30 TAC §80.109; 19. Ensure that the EPA is kept fully informed and up-to-date regarding: a. Draft and final policy and program development documents related to TPDES; b. Draft, proposed, and final regulations related to TPDES; c. New case law, settlement agreements, and remands of state regulations related to TPDES; d. Draft, proposed, and final technical guidance and policies which pertain to TPDES; and 20. Provide the EPA with a timely opportunity for meaningful involvement and input in developing and establishing TPDES policies, rules, strategies, and guidance, as appropriate and practical; and 21. Administer the TPDES program in compliance with the applicable provisions of Title VI of the Civil Rights Act of 1964, §§42 USC 2000d et seq. All public comment regarding such compliance and received in accordance with Commission rules will be considered, responded to, and acted upon appropriately. 22. The regulatory flexibility authority in Senate Bill 1591 will not be used by TNRCC to approve an application to vary a federal requirement or a State requirement which implements a federal program requirement under §402(b) of the Clean Water Act, EPA regulations implementing that Section, or this MOA, including but not limited to inspection, monitoring or information collection requirements that are required under §402(b) of the Clean Water Act, EPA regulations implementing that Section or this MOA to carry out implementation of the approved federal program.