1. (a) Whereas, the Texas State Soil and Water Conservation Board, herewithin called the Board, is the State agency with the primary responsibility for activities relating to agricultural and silvicultural nonpoint source (NPS) pollution abatement; and whereas the Board shall represent the State before the United States Environmental Protection Agency (EPA), or other federal agencies on matters relating to agricultural and silvicultural nonpoint source pollution abatement; and whereas, the Board shall establish a water quality management plan certification program, in accordance with Senate Bill (SB) 503 of the Texas 73rd State Legislature for agricultural and silvicultural lands; and whereas, for purposes of this Agreement, the Board is responsible for nonpoint source pollution abatement activities on all agricultural and silvicultural land as defined by SB 503, Texas 73rd State Legislature; and whereas, the Texas Natural Resource Conservation Commission herewithin known as the Commission, is the State agency with primary responsibility for implementing the constitution and laws of the State related to the quality of water and air; and whereas, the Commission has been designated as the lead agency for the Section 319 Program of the Federal Clean Water Act administered by the EPA; and whereas, the commission, as the State agency responsible for the quality of the waters of the State, shall coordinate all water quality programs of the State; and whereas, the Commission shall coordinate all its agricultural and silvicultural nonpoint source pollution activities with the Board; and whereas, for the purpose of this Agreement, the Commission is responsible for regulation of all nonpoint source pollution, including that on agricultural and silvicultural lands as defined by existing rules of the Commission; and whereas, consistent with the intent of Section 319 of the Federal Clean Water Act, the Board and the Commission are committed to the development and implementation of a coordinated nonpoint source pollution program for the State; and whereas, consistent with Texas law and public policy, the Board and Commission mutually desire to protect and maintain a high quality environment and the health of the people of the State; and now, therefore, in consideration of the following promises, covenants, conditions, and the mutual benefits to accrue to the parties of this Agreement, the Parties, desiring to cooperate in functions and service agree as follows:

2. (b) Texas Natural Resource Conservation Commission Agrees to:

   1. (1) Administer, for the State, the Federal Clean Water Act, §319, grant program for nonpoint source pollution. The Commission will be responsible for coordinating the preparation of annual grant work programs.
   2. (2) Execute cooperative agreements and associated amendments, and grant awards and contracts. The Commission will be responsible for monitoring implementation of work programs, and providing EPA with necessary financial and programmatic reporting information for non-agricultural/silvicultural surface and groundwater work program elements.
   3. (3) Implement the provisions of the EPA-approved Federal Clean Water Act, §319, management programs for non-agricultural/silvicultural surface and groundwater nonpoint source pollution.
   4. (4) Complete, under current administrative procedures, all projects and programs for which grant funds have been awarded, under Federal Clean Water Act, §319. All future projects and programs implementing the EPA-approved Federal Clean Water Act, §319 management program for agricultural/silvicultural NPS pollution, and supported by §319 federal grants, will be administered by the Board via a separate grant with EPA.
   5. (5) Provide to the Board all current forms, timetables, procedural rules and any policy documents of the Commission for addressing and processing citizen complaints related to agricultural and silvicultural pollution.
   6. (6) Provide initial (single event) training to selected staff of the Board on Commission complaint investigation procedures. The training will be conducted by Commission staff at a time and location coordinated with the Board.
   7. (7) Coordinate with the Board those compliance and enforcement actions relative to agricultural and silvicultural nonpoint source pollution.
   8. (8) Provide the Board with access to the Commission's electronic database for all current agricultural waste management plans.
   9. (9) Develop state guidance for all nonpoint source pollution abatement projects other than agricultural or silvicultural nonpoint source pollution projects as defined by this Agreement and SB 503.

3. (c) Texas State Soil and Water Conservation Board Agrees to:

   1. (1) Serve as the recipient of grants from EPA for agricultural and silvicultural NPS pollution projects as defined in this Agreement and SB 503 and funded through the Federal Clean Water Act, §319.
   2. (2) Coordinate directly with the EPA on matters relating to programmatic and financial issues of agricultural and silvicultural projects funded to the Board through separate grants from EPA under Federal Clean Water Act, §319. Notify the Commission in writing on any decision made that results in a change in the programmatic or financial status of a project.
   3. (3) Provide the EPA with required reports for all agricultural/silvicultural projects funded to the Board by Federal Clean Water Act, §319. Reports will be submitted in accordance with EPA requirements.
   4. (4) Develop policies for processing citizen complaints related to agricultural and silvicultural NPS pollution. These policies shall be consistent with the practices and standards of the Commission for processing enforcement actions.
   5. (5) Schedule and conduct management meetings with the EPA to review the status of agricultural and silvicultural NPS pollution project/program activities as negotiated with EPA.
   6. (6) Develop and maintain a current electronic database to track and document the proceedings of all water quality management plans and corrective action plans. Data recorded will include, but not be limited to, the identification of applicant(s), date of application for each plan, and approval date of each plan.
   7. (7) Provide the Commission with access to the Board's electronic database for all water quality management plans. Software and equipment necessary to facilitate electronic transfer of data should be compatible with that of the Commission.
   8. (8) Refer to the Commission in accordance with SB 503 any enforcement action under the jurisdiction of the Commission. The Board shall provide the Commission original documents or "certified copies" of the original documents and hard copies of all records and documents relating to the complaint. Formal documents should be consistent with standard Commission formats.
   9. (9) Provide the Commission with documentation (rules, policies, guidance, etc.) for development, supervision, and monitoring of individual water quality management plans for agricultural and silvicultural lands.
   10. (10) Develop state guidance for agricultural or silvicultural nonpoint source pollution as defined by this Agreement and SB 503.
   11. (11) Provide to the Commission information about agricultural and silvicultural activities required for the annual evaluation of the State's Implementation of the Nonpoint Source Management Plan. The Board will submit the information to the Commission by June 1 of each year. The Commission will include this information in the annual evaluation report required by §319.

4. (d) Both parties agree to:

   1. (1) Work together to refine the existing process for screening and prioritization of project proposals to be funded under Federal Clean Water Act, §319.
   2. (2) Coordinate efforts in the development and submission of an annual work program (a "single comprehensive package" of project proposals) to EPA for Federal Clean Water Act, §319, funding.
   3. (3) Negotiate, on an annual basis, the percentage of the administrative budget of Federal Clean Water Act, §319, base grant funds that will accrue to each party.
   4. (4) Maintain each party's existing level of effort (LOE) required by the EPA for the implementation of §319 programs/projects.
   5. (5) Communicate and coordinate directly with each other and the EPA on matters relating to program/project planning and implementation of NPS pollution activities/projects funded by Federal Clean Water Act, §319.
   6. (6) Provide required reports to the EPA on NPS pollution project activities. Reports will include status of project implementation, summary of information/education activities, monitoring activities, and other outputs satisfactory to EPA.
   7. (7) Meet semiannually to review and discuss the State's nonpoint source water quality program.
   8. (8) Work together to develop criteria for the development of water quality management programs that satisfy the state water quality standards as established by the Commission.
   9. (9) Comply with all relevant state and federal statutes and procedures, and grant conditions, including financial audits, data quality assurance and quality control, and progress reports.
   10. (10) Cooperate on activities related to the implementation of the "Texas State Management Plan for Agricultural Chemicals in Groundwater."
   11. (11) Meet at least 90 days prior to expiration of this Agreement to review conditions of this Agreement for the purpose of determining the need for renewal.
   12. (12) Adopt this Agreement by Rule.

   13. (13) Handle all complaints in the following manner:

       1. (A) The Board shall investigate all complaints against facilities for which there is a certified water quality management plan or one has been applied for.
       2. (B) The Commission shall investigate all complaints against facilities for which a waste management plan has been approved, a permit has been issued, or a permit is required in accordance with 30 TAC Chapter 321 (concerning Control of Certain Activities by Rule).
       3. (C) Any general complaint received by the Commission will be investigated to determine whether a permit is required of such a facility. If it is determined a permit is not required, the Commission will refer the complaint to the Board, as soon as possible. Confined animal feeding operations will have the opportunity to pursue either approval of a waste management plan through the Commission or a corrective action plan or water quality management plan through their local soil and water conservation district and the Board, as the case may require.
       4. (D) Any general complaint received by the Board will be investigated and a determination made as to whether such a facility will need to implement a corrective action plan. Those facilities which require a permit under 30 TAC Chapter 321 will be referred to the Commission as soon as possible.
       5. (E) The Commission shall investigate all complaints associated with confined animal feeding operations for which there has been an impact to aquatic life to determine whether a permit will be required. If it is determined a permit is not required, the Commission will refer the complaint to the Board as soon as possible.

5. (e) General Conditions:

   1. (1) Term of Agreement--The term of this agreement shall be from effective date to August 31, 1995.
   2. (2) Notice of Termination--Any party may terminate this Agreement upon a 30-day written notice to the other party. Both parties agree to fulfill any grant commitments in place at the time of termination. Only upon written concurrence of the other party can this Agreement be modified.
   3. (3) Cooperation of Parties--It is the intention of the parties that the details of providing the services in support of this Agreement shall be worked out, in good faith, by both parties.
   4. (4) Activities conducted under this Agreement will be in compliance with the nondiscrimination provisions as contained in Titles VI and VII of the Civil Rights Act of 1964, as amended; the Civil Rights Restoration Act of 1987; and other nondiscrimination statutes, namely the Rehabilitation Act of 1973, §504; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; and the Americans With Disabilities Act of 1992, which provide that no person in the united States shall, on the grounds of race, color, national origin, age, sex, religion, marital status, or handicap be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal financial assistance.
   5. (5) Notices--Any notices required by this Agreement to be in writing shall be addressed to the respective party as follows: Texas Natural Resource Conservation Commission, Attn: P.O. Box 13087, Austin, Texas 78711-3087; Texas State Soil and Water Conservation Board, Attn: P.O. Box 658, Temple, Texas 76503-0658.
   6. (6) Effective Date of Agreement--This Agreement is effective upon execution by both parties. By signing this Agreement, the signatories acknowledge that they are acting under proper authority from their governing bodies.

Source Note:The provisions of this §523.5 adopted to be effective March 30, 1994, 19 TexReg 1830.