- (a) The purpose of this chapter is to establish procedures for the implementation of the Texas Clean Rivers Program pursuant to Texas Water Code, §26.0135, which monitors and assesses water quality conditions that support water quality management decisions necessary to maintain and improve the quality of the state's water resources (as defined in Texas Water Code, §26.001(5)). The commission has the responsibility of ensuring that regional monitoring and assessments of water quality by watershed and river basin shall be conducted by the river authorities and designated local governments that have entered into cooperative agreements with the commission, or by the commission where a river authority does not exist or is unwilling to participate. Whenever feasible the monitoring and assessment will be the result of a cooperative partnership between river authorities, designated local governments, other political subdivisions, other state agencies and the commission to provide the commission and other state agencies, river authorities and local governments with sufficient information to take appropriate corrective action necessary to meet the goals of the act. The regional water quality monitoring and assessment program shall be designed to allow citizens and private organizations opportunities for involvement in protecting the state's water resources. The monitoring program shall provide data to identify significant, long-term water quality trends, characterize water quality conditions, support the wastewater discharge permitting process including support for the total maximum daily load process as necessary, and classify unclassified streams. The assessments must include a review of wastewater discharges, nonpoint source pollution, nutrient loading, toxic materials, biological health of aquatic life, public education and involvement in water quality issues, local and regional pollution prevention efforts, and other factors that affect water quality within the watershed.
- (b) Fees collected under this chapter are intended to recover no more than $5 million annually and shall be used only to accomplish the purposes of the Clean Rivers Program. Program funds shall be equitably apportioned among basins and shall only be used to recover actual costs for administering this program. The commission may not apply more than 10% of the costs recovered annually toward the commission's overhead costs for administration of this program. The commission shall ensure that water users and wastewater dischargers do not pay excessive amounts; and that no municipality shall be assessed fees for any efforts that duplicate water quality management activities carried out pursuant to Texas Water Code, §26.177 or rules implementing that section.
- (c) A river authority or designated local government shall be eligible for reimbursement of the actual costs of administration of the Clean Rivers Program and implementation of the provisions of this chapter. The schedule and amount of any reimbursement shall be based on an equitable apportionment among basins. The allocation procedure shall be reviewed periodically and may be adjusted to reflect results of contractor evaluations, to address emerging issues or to focus on problem areas identified in the water quality assessments.
Source Note:The provisions of this §220.1 adopted to be effective June 1, 1998, 23 TexReg 4916.