Section 297.209 - Impingement and Entrainment(a) A person who diverts seawater or marine seawater shall employ reasonable measures to minimize impingement and entrainment.(b) An application to divert marine seawater or seawater under Chapter 295, Subchapter G of this title (relating to Desalination, Procedural) must include a written statement of the facility-specific, reasonable measures to minimize impingement and entrainment that will be implemented at the proposed desalination facility.(c) The written statement under subsection (b) of this section must include: (1) the location and depth of the proposed intake;(2) the timing of the proposed diversions;(3) the physical and performance specifications of the proposed diversion systems and screen barriers, including the size of the screen openings and the maximum flow-through screen velocity; and,(4) documentation that the proposed combination of technologies, management practices, and operational methods represent reasonable measures to minimize impingement and entrainment.(d) A person who diverts seawater or marine seawater to which § 295.300(a) of this title (relating to Applicability) does not apply is presumed to be in compliance with subsection (a) of this section if: (1) the person submits to the executive director, with a copy to the Texas Parks and Wildlife Department, a written statement of the facility-specific measures that the person intends to implement at the proposed facility to minimize impingement and entrainment;(2) the written statement under paragraph (1) of this subsection includes the information and documentation required under subsection (c) of this section;(3) within 60 days of the later of the executive director's receipt and Texas Parks and Wildlife Department's receipt of the submittal under paragraph (1) of this subsection, the executive director does not indicate that the submittal is deficient by issuing comments or requesting additional information; and(4) the facility implements the measures described in the submittal under this subsection or, if applicable, the amended submittal under subsection (f) of this section.(e) The executive director may require a person to make a submittal as described in subsection (d) of this section.(f) If the executive director issues any comment or requests additional information relevant to any submittal under subsection (d) or (e) of this section, the person may amend its submittal up to two times beyond its initial submittal.(g) The executive director shall review any submittal under subsection (d) or (e) of this section or amended submittal under subsection (f) of this section within 60 days of receiving it.30 Tex. Admin. Code § 297.209
Adopted by Texas Register, Volume 41, Number 49, December 2, 2016, TexReg 9559, eff. 12/8/2016