Section 311.74 - Authorization(a) Any responsible party shall seek and obtain a permit subject to the requirements of Chapters 205 and 305 of this title (relating to General Permits for Waste Discharges and Consolidated Permits).(b) Based on the location of a given quarry, those quarries located within a water quality protection area, must comply with additional requirements imposed by this subchapter on its discharges. (1) In addition to the requirements of Chapters 205 and 305 of this title, a quarry located within a water quality protection area must meet the following requirements: (A) § 311.75(1) of this title (relating to Permit Application Requirements);(B) § 311.79 of this title (relating to Performance Criteria); and(C) § 311.81(a) of this title (relating to Financial Responsibility).(2) In addition to the requirements of Chapters 205 and 305 of this title and paragraph (1) of this subsection, any quarry located within the 100-year floodplain or within one mile of a water body within a water quality protection area must obtain an individual permit.(3) In addition to the requirements of Chapters 205 and 305 of this title and paragraphs (1) and (2) of this subsection, all quarries located within 200 feet to 1,500 feet of a water body within a water quality protection area, and subject to the prohibition under § 311.73(b) of this title (relating to Prohibitions), must meet the following requirements: (A) § 311.75(2) of this title;(B) § 311.80 of this title (relating to Additional Performance Criteria for Quarries Located Between 200 Feet and 1,500 Feet of a Water Body); and(C) § 311.81(b) of this title.(4) For any quarry subject to the provisions of paragraph (2) of this subsection, a part of which is also located outside of the 100-year floodplain of, or beyond one mile from, a water body, the requirements of paragraph (2) of this subsection are applicable to the entire quarry. The executive director may waive, modify, or otherwise adjust these requirements for that portion of the quarry located outside of the 100-year floodplain of, or beyond one mile from, a water body.(5) For any quarry subject to the provisions of paragraph (3) of this subsection, a part of which is also located more than 1,500 feet from a water body, the requirements of paragraph (3) of this subsection will be applicable to the entire quarry. The executive director may waive, modify, or otherwise adjust these requirements for that portion of the quarry located more than 1,500 feet from a water body.30 Tex. Admin. Code § 311.74
The provisions of this §311.74 adopted to be effective August 3, 2006, 31 TexReg 6033; Amended by Texas Register, Volume 49, Number 28, July 12, 2024, TexReg 5146, eff. 7/18/2024