1. (a) This chapter establishes procedures and criteria for the application, processing and review of state water quality certifications for activities under the jurisdiction of the Texas Natural Resource Conservation Commission as required by the Federal Clean Water Act. It is the purpose of this chapter, consistent with the Federal Clean Water Act, to maintain the chemical, physical, and biological integrity of the state's waters.

2. (b) It is the policy of the Commission to achieve no overall net loss of the existing wetlands resource base with respect to wetlands functions and values in the State of Texas. All activities under the jurisdiction of the Texas Natural Resource Conservation Commission which require a federal license or permit and which may result in any discharge to waters of the United States will be reviewed for consistency with the Federal Clean Water Act and the Texas Surface Water Quality Standards. After such a review, the commission shall:

   1. (1) grant certification for any activity which will not result in any discharge in violation of water quality standards or any other appropriate requirements as set forth in §279.9 of this title (relating to Executive Director Review of Water Quality Certification Application);
   2. (2) grant conditional certification stating the conditions necessary to prevent any activity which will result in a discharge from violating water quality standards or any other appropriate requirements as set forth in §279.9 of this title;
   3. (3) deny certification for any activity which will result in a discharge in violation of water quality standards or any other appropriate requirements as set forth in §279.9 of this title; or
   4. (4) waive certification for any activity which the Commission finds will result in no discharge, or which does not fall within the purview of the Commission's authority, or concerning which the Commission expressly waives its authority to act on a request for certification for other reasons.
3. (c) The executive director is delegated the responsibility for performing all certification functions under this chapter on behalf of the commission, except that at the request of a commissioner or the executive director, the commission may review the question of certification prior to the executive director's determination on certification.

Source Note:The provision of this §279.2 adopted to be effective July 22, 1987, 12 TexReg 2187; amended to be effective July 13, 1995, 20 TexReg 4693.