1. (a) The commission may issue a general permit to authorize the discharge of waste into or adjacent to waters in the state by category of dischargers if the dischargers in the category:

   1. (1) engage in the same or substantially similar types of operations;
   2. (2) discharge the same types of waste;
   3. (3) are subject to the same requirements regarding effluent limitations or operating conditions; and
   4. (4) are subject to the same or similar monitoring requirements.
2. (b) The commission may issue a general permit to authorize the discharge of waste by categories of dischargers designated pursuant to subsection (a) of this section either within the entire state or within a discrete geographical area identified by an appropriate division or combination of geographic or political boundaries. For example, certain dischargers of the same type of waste may be covered under one statewide general permit. General permits granted for discrete geographical areas may be based upon, but not limited to, factors such as related water quality standards, climatological conditions, and watershed specific standards in accordance with Chapter 311 of this title (relating to Watershed Protection). Discharges to be regulated with effluent limitations specific to a particular water body may be covered under a general permit limited to a particular watershed or geographical area.

3. (c) The commission may issue a general permit pursuant to subsection (a) of this section only if it finds the dischargers in the category are more appropriately regulated under a general permit than under individual permits, on the basis that both:

   1. (1) the general permit can be readily enforced and that the commission can adequately monitor compliance with the terms of the general permit. This requirement is satisfied if the provisions of the general permit are clear and unambiguous and it requires adequate monitoring, record keeping, and reporting, appropriate to the type of activity authorized; and
   2. (2) the category of discharges covered by the general permit will not include a discharge either of pollutants that will cause significant adverse effects to surface or ground water quality or of more than 500,000 gallons into surface water during any 24-hour period.

Source Note:The provisions of this §205.2 adopted to be effective June 21, 1998, 23 TexReg 6227.