SWM-CS- 981009TNRCC Summary of Regulatory Forum 9 October 1998 http: / /www.tnrcc. state. tx. us /oprd/forunV981009 /summary.html
Office of Policy & Regulatory Development
REGULATORY FORUM
October 9, 1998
Summary of Meeting
26.177 Rule
Chapter 216, Subchapter B, concerning Municipal Water Pollution Control and Abatement was
approved for proposal by the Commission on October 7, 1998. The proposed new subchapter will
require the establishment of measures to control and abate water pollution within the jurisdiction of
cities with populations of at least 10,000, where water quality assessment reports have identified
water pollution that is not attributable to permitted sources. The proposed new subchapter would
complete the implementation of House Bill 1190 from the 75th Texas Legislature and would also
implement Section 26.177 of the Texas Water Code.
The rule will use water quality assessment studies such as those conducted through the Clean Rivers
Program, the State Water Quality Inventory, and the Total Maximum Daily Load or (TMDL) process. If
these studies identify potential problems, the TNRCC will engage in further in -depth analysis to
determine the sources of pollution.
Cities that meet the population requirement, and where the studies have demonstrated a water
pollution impact not associated with permitted sources will be provided notice that they must correct
the water pollution problem within a reasonable amount of time, but not to exceed 5 years. The 5 -year
timeline coincides with the commission's 5 -year basin permitting cycle.
If after 5 years subsequent studies show improvement or progress, the executive director may
recommend that the city be given an extension of time to continue with its efforts at correcting the
problem. If subsequent studies show no progress in correcting the problem, the executive director
may recommend to the Commission that the city be required to submit a water pollution control and
abatement program ( WPCAP). The Commission may then take action at an Agenda by 1) requiring
the city to submit a WPCAP that is signed and sealed by a professional licensed engineer, 2) sending
the matter to the State Office of Administrative Hearings (SOAR), 3) determining that the city does not
need to develop a program, or 4) issuing any other order the commission deems appropriate.
The Water Pollution Control and Abatement Programs shall be designed to cover the area within a
city's municipal boundaries and may include areas within its Extra Territorial Jurisdiction. At a
minimum the program shall include the following services and functions:
1) an inventory of all significant waste discharges whether or not the discharges are authorized by the
commission.
2) regular monitoring of all significant discharges.
3) sampling and inspection of waste discharges being monitored to determine whether the discharges
are being conducted in compliance with Chapter 26 and any other applicable permits, orders, or rules,
and whether the discharges should be covered by a permit by the commission.
4) a procedure for obtaining compliance by the waste dischargers being monitored.
5) the development and execution of plans for controlling and abating pollution resulting from
generalized discharges not traceable to a specific source such as urban runoff from rainwater.
These plans may be amended by the city or the commission at any time as prescribed in the
proposed rule. Should a city fall below the 10,000 population requirement, the city would no longer
have a duty to satisfy the provisions of this subchapter.