1. (a) Any operator of an animal feeding operation (AFO) who is required to operate under an individual water quality permit by the Texas Water Code, the executive director, or this subchapter shall submit an application in accordance with Chapter 281 of this title (relating to Applications Processing) and Chapter 305 of this title (relating to Consolidated Permits). The applicant shall provide such additional information in support of the application as may be necessary for the executive director to carry out an adequate administrative and technical review of the application.

2. (b) Applicants shall comply with §§305.41, 305.43, 305.44, and 305.47 of this title (relating to Applicability; Who Applies; Signatories to Applications; and Retention of Application Data) and §1.5(d) of this title (relating to Records of the Agency). Except as provided in subsection (c) of this section, §§305.61 - 305.68 of this title (relating to Applicability; Amendment; Renewal; Transfer of Permits; Permit Denial, Suspension, and Revocation; Revocation and Suspension upon Request or Consent; and Action and Notice on Petition for Revocation or Suspension) apply to applications for water quality permits. Notice, public comment, and contested case hearings on applications shall be conducted in accordance with commission rules governing applicable individual water quality permit applications.

   1. (1) Any permittee with an issued and effective individual water quality permit shall submit an application for renewal of the permit in accordance with the requirements of Chapter 281 and Chapter 305 of this title, or shall submit a notice of intent (NOI) for a concentrated animal feeding operation (CAFO) general permit in accordance with the requirements of the CAFO general permit.
   2. (2) If an individual water quality permit application or an NOI for a CAFO general permit has been submitted before the expiration date of the existing authorization, the terms and conditions of the existing permit continues in effect until final commission action on the permit application or until the CAFO qualifies for authorization under a CAFO general permit.
   3. (3) A CAFO owner or operator who submits an NOI for a CAFO general permit for a new operation or significant CAFO expansion as defined by §321.32(48) of this title (relating to Definitions) shall comply with the public participation process detailed in the CAFO general permit. Expansions which are not considered significant only require the CAFO owner or operator to amend the pollution prevention plan and meet all the technical requirements of this subchapter and the permit or authorization.

   4. (4) The executive director may renew an application for an individual water quality permit for a state-only CAFO without a contested case hearing if the application does not propose any change that constitutes a major amendment as defined in Chapter 305 of this title (relating to Consolidated Permits) or if the operation is not a major source as defined under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification). Renewal under this paragraph is allowed only if there has been no related formal enforcement action against the facility during the last 36 months of the term of the individual water quality permit in which the commission determined that:

      1. (A) a violation occurred that contributed to pollution of surface or groundwater, or an unauthorized discharge occurred, or a violation of §101.4 of this title (relating to Nuisance) occurred, or any violation of an applicable state or federal air quality control requirement occurred;
      2. (B) such discharge or air emission was within the reasonable control of the permittee; and
      3. (C) such discharge or air emission could have been reasonably foreseen by the permittee.
   5. (5) For any application for renewal within an area specified in §321.32(17) of this title (relating to Definitions), the executive director will conduct an annual compliance inspection within 12 months of the date the executive director declares the application administratively complete.
3. (c) An operator shall submit a complete application within 90 days of notification from the executive director that an individual water quality permit is required under §321.33(b)(5) of this title (relating to Applicability and Required Authorizations).
4. (d) Permittees may amend their individual water quality permits in accordance with §305.62 of this title and §321.33(h) of this title (relating to Applicability and Required Authorizations), and must include all requested changes to the individual water quality permit application. The executive director will process a permit amendment application in accordance with all applicable requirements in Chapter 281 and Chapter 305 of this title.
5. (e) Any operator of an AFO who files an application for an individual water quality permit under this subchapter, or an amendment in accordance with §321.33(h) of this title, shall submit a complete application to the executive director, according to the provisions of this section including any other information as the executive director or the commission may require.

6. (f) Applications for an individual water quality permit under this section shall be made on forms prescribed by the executive director. The applicant shall submit an original completed application with attachments to the executive director at the commission headquarters in Austin, and one additional copy of the application with attachments to the appropriate commission regional office. At a minimum, the executive director will require the following information to be submitted, as it is applicable to the facility:

   1. (1) information specified in §305.45 of this title (relating to Contents of Application for Permit);
   2. (2) information specified in 40 Code of Federal Regulations (CFR) §122.21(i)(1), relating to application for a permit for a CAFO;

   3. (3) a recharge feature certification, signed and sealed by a licensed Texas professional engineer, or a licensed Texas professional geoscientist, documenting the absence or presence of any natural or artificial recharge features identified on any tracts of land owned, operated, controlled, rented, or leased by the applicant and to be used as a part of a CAFO or land management unit. A certified water quality management plan prepared by the Texas State Soil and Water Conservation Board that is developed for a dry litter poultry facility that evaluates site-specific recharge characteristics and management practices of the operation will meet the recharge feature requirement of this paragraph.

      1. (A) Documentation by the certifying party shall identify:

         1. (i) the sources and methods used to identify the presence or absence of recharge features; and
         2. (ii) the method or approach to be used to identify previously unidentified and undocumented recharge features that may be discovered during the time of construction;

      2. (B) In preparing the recharge feature certification, the licensed Texas professional engineer or Texas professional geoscientist must conduct an on-site inspection and must review all pertinent records and maps maintained by the following entities or persons to locate any artificial recharge feature:

         1. (i) Railroad Commission of Texas;
         2. (ii) a Groundwater Conservation District, if applicable;
         3. (iii) Texas Water Development Board;
         4. (iv) the commission;
         5. (v) Natural Resources Conservation Service (NRCS); and
         6. (vi) previous owner of site, if available.

   4. (4) where the applicant documents the presence of recharge features on the tracts for which an application is being filed, the applicant shall submit a plan. The plan must be signed and sealed by a licensed Texas professional engineer or licensed Texas professional geoscientist, as appropriate and in conformance with the Texas Engineering Practices Act and the Texas Geoscience Practice Act and the licensing and registration boards under these acts. The plan must prevent impacts to an aquifer from any recharge features present. The plan must include at least one of the following:

      1. (A) provisions for the installation of the necessary and appropriate protective measures for each located recharge feature, including impervious cover, berms, buffer zones, or other equivalent protective measures, on the production area and land management units; or
      2. (B) except as specified in §321.41 of this title (relating to Special Requirements for Discharges to a Playa), submission of a detailed groundwater monitoring plan covering all affected facilities and land application areas. At a minimum, the groundwater monitoring plan shall specify procedures to annually collect a groundwater sample from representative wells, have each sample analyzed for chlorides, nitrates, and total dissolved solids, and compare those values with background values for each well; or
      3. (C) provisions for any other similar method or approach demonstrated by the applicant to be protective of any associated recharge feature and approved by the commission; and
   5. (5) any information required by §321.43 of this title (relating to Air Standard Permit for Animal Feeding Operations (AFOs)) to document compliance with the air standard permit.

Source Note:The provisions of this §321.34 adopted to be effective July 13, 1995, 20 TexReg 4719; amended to be effective September 18, 1998, 23 TexReg 9354; amended to be effective July 27, 1999, 24 TexReg 5721; amended to be effective March 6, 2002, 27 TexReg 1511; amended to be effective July 15, 2004, 29 TexReg 6652.