30 Tex. Admin. Code § 281.46

Current through Reg. 49, No. 45; November 8, 2024

Section 281.46 - Actions Which May Be Referred to the Coastal Coordination Council

Except as otherwise provided under 31 TAC §505.32(Requirements for Referral for an Individual Agency Action), only the following actions may be referred to the CCC for review for consistency with the CMP goals and policies pursuant to 31 TAC §505.26(Council Review and Approval of Thresholds for Referral):

(1) For actions outside the program boundary when issuing or approving:

(A) an application for a new water right located within 200 stream miles of the coast and requesting an appropriation of 10,000 acre-feet of water per year or more; and

(B) an application to amend an existing water right located within 200 stream miles of the coast and seeking:

(i) to increase an annual appropriation by 10,000 acre-feet or more per year; or

(ii) to change the purpose of use of 10,000 acre-feet or more to a more consumptive use.

(2) For actions inside the program boundary when issuing or approving:

(A) an application for a new domestic wastewater discharge permit:

(i) to discharge five million gallons per day (MGD) or more into a tidally influenced segment (see Appendix C of this title (relating to Appendices)); or

(ii) to discharge one MGD or more into a priority segment (see Appendix B of § 281.48 of this title);

(B) an application for an amendment to a domestic wastewater discharge permit:

(i) to increase the total discharge authorized by the permit into tidally influenced segments (Appendix C) to an amount greater than or equal to five MGD; or

(ii) to increase the discharge to one MGD or more into a priority segment (Appendix B);

(C) an application for a new industrial wastewater discharge permit to discharge effluent subject to the United States Environmental Protection Agency's categorical limits into a priority segment (Appendix B);

(D) an application for an amendment to an industrial wastewater discharge permit:

(i) to discharge effluent subject to categorical limits that increase mass loading of pollutants into priority segments (Appendix B); or

(ii) to change the point of discharge from outside into a priority segment (Appendix B);

(E) an application for a new confined animal feeding operation (CAFO) permit for a CAFO located within one mile of a critical area or coastal waters;

(F) an application for a permit for a new municipal landfill to be located within a coastal wetland or a special flood hazard area, as defined in Title 44, Code of Federal Regulations (CFR) §59.1;

(G) an application for an amendment which proposes an expansion of a municipal landfill into a coastal wetland or a special flood hazard area, as defined in 44 CFR §59.1;

(H) an application for a new permit for a commercial or industrial waste landfill to be located within a coastal wetland or special flood hazard area, as defined 44 CFR §59.1;

(I) an application for an amendment that proposes an expansion of a commercial or industrial waste landfill into a coastal wetland or a special flood hazard area, as defined in 44 CFR §59.1;

(J) an application for a new hazardous waste landfill to be located within a coastal wetland or a special flood hazard area, as defined in 44 CFR §59.1;

(K) an application for an amendment to expand a hazardous waste landfill into a coastal wetland or a special flood hazard area, as defined in 44 CFR §59.1;

(L) an application for a new water right proposing an appropriation of 5,000 acre-feet of water or more per year;

(M) an application to amend an existing water right requesting:

(i) an increase in appropriation of 5,000 acre-feet of water per year or more;

(ii) a change in purpose of use to a more consumptive use of 5,000 acre-feet of water per year or more;

(N) a certification of a federal permit for the discharge of dredge or fill material, which affects one or more acres in a critical area (as defined in § 281.42 of this title (relating to Definitions)) and authorizes the discharge of not less than 1,000 cubic yards of dredged or fill material.

(3) For actions on coastal barriers only:

(A) any application for creation of a special purpose district whose service area would encompass, or partially encompass, a Coastal Barrier Resources System Unit as defined by the United States Fish and Wildlife Service under the Federal Coastal Barrier Resources Act, 16 United States Code (USC) §3502(7); or

(B) an application for approval of a bond issue to support infrastructure projects encompassing, or partially encompassing a Coastal Barrier Resources System Unit as defined by the United States Fish and Wildlife Service under the Federal Coastal Barrier Resource Act, 16 USC §3502(7).

30 Tex. Admin. Code § 281.46

The provisions of this §281.46 adopted to be effective May 15, 1996, 21 TexReg 3798.