Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986 Page: 1,210
1163-1244 p. ; 28 cm.View a full description of this periodical.
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(15) flow gater than 9.0--$10,000;
(16) stormwater or report-500.
1305.504. Fee Payment. Annual waste
treatment inspection fees are payable on
February 1 of each year for all permittees.
Fees shall be paid by check, certified check,
or money order payable to waste treatment
facility inspection fund. New permits will
require full payment of the appropriate fee
with in 30 days of the final order of the
Texas Water Commission issuing the per-
mit, and thereafter will be assessed an an-
nual waste treatment inspection fee under
the schedule set forth herein, beginning with
the next regular billing date. All fee assess-
ments are to be based on daily average flow
under the applicable flow limits (interim or
final) specified in the permit, without regard
to whether the permitted facility actually is
discharging a lower volume. Where the
daily average flow authorized for a per-
mitted facility changes to a higher interim
level or to the final level authorized by the
permit, the revised fee, if any, will be as-
sessed at the next regular payment date fol-
lowing the change in authorized flow. If a
permit is amended to authorize a lesser or
greater daily average flow, the revised fee
will be assessed at the next regular payment
date following the final order of the Texas
Water Commission effecting the amend-
ment. If initial construction of a newly-
permitted facility is not complete, the facili-
ty will be assessed the same fee as for no
discharge permits. Fees are payable regard-
less of whether the permitted facility actual-
ly is in operation.
305.505. Fund. All fees collected under
this water treatment inspection fee program
are to be deposited in the waste treatment
facility inspection fund. The fund shall be
managed in accordance with 305.501 of
this title (relating to Purpose).
305.506. Cancellation, Revocation, and
Transfer. Cancellation or revocation of a
permit, whether by voluntary action on the
part of the permittee or as a result of in-
voluntary proceedings initiated by the com-
mission, will not constitute grounds for a
refund, in whole or in part, of any annual
inspection fee already paid by the permittee.
Transfer of a permit will not entitle the
transferor permittee to a refund, in whole
or in part, of any annual inspection fee al-
ready paid by that permittee. Any permittee
to whom a permit is transferred shall be
liable for payment of the annual inspection
fee assessed for the permitted facility on the
same basis as the transferor of the permit.
Issued in Austin, Texas, on February 25, 1988.
TRD-8802004 James K. Rourke, Jr.
General Counsel
Texas Water Commission
Effective date: March 3, 1986
Expiration date: July 1, 1986
For further Information, please call
(512) 463-8070.Chapter 325. Certificates of
Competency
Subchapter A. Certificates of
Comlpetency
*31 TAC 325.1-325.16
The Texas Water Commission adopts on
an emergency basis new $325.1-325.16,
concerning certification of competency of
wastewater treatment plant operators and
wastewater treatment facilities operations.
An urgent need exists to adopt these
emergency sections for the following rea-
sons: the emergency sections for Chapter
322 (published in the Texas Register on
January 3, 1986), relating to certificates
of competency, expired at 12 a m., March
3, 1986; the Texas Water Commission pro-
posed permanent sections for the same
subject matter for Chapter 325 (published
in the Texas Register on December 17,
1985); and has the authority under law to
adopt the proposed permanent sections
at the present time; the Texas Water Com-
mission has decided to delay adoption of
all of its currently proposed sections to
facilitate public comment; and a lapse in
the sections would constitute an immi-
nent peril to the public health, safety, and
welfare.
Promulgation of the Texas Water Code,
26.0301, by the 69th Legislature, 1985,
transferred jurisdiction for the certifica-
tion of competency for wastewater treat-
ment plant operators from the Texas De-
partment of Health to the Texas Water
Commission. In addition, nongovernmen-
tal entities (i.e. operations companies)
who are in the business of operating waste-
water treatment facilities for the permit
holders are now subject to regulation by
the commission vis a vis a certification
of competency program.
The sections pertaining to operator cer-
tification are essentially a recodification
of the regulations administered prior to
September 1, 1985, by the Texas Depart-
ment of Health. The sections pertaining
to operations companies are new as this
is the first attempt by the legislature to
regulate those businesses.
These sections are adopted on an emer-
gency basis under the Texas Water Code,
5.103 and 26.0301, which authorizes the
commission to adopt rules and establish
policy.
323.1. Definitions. The following words
and terms, when used in this chapter, shall
have the following meanings, unless the con-
text clearly indicates otherwise:
Certificate of Competency-The cer-
tificate issued by the Texas Water Commis-
sion to treatment plant operators and waste-
water treatment facility operations com-
panies to operate or assist in the operation
of a wastewater treatment facility or collec-
tions system.
Commnission-The Texas Water Com-
mission.Executive director--The executive di-
rector of the Texas Water Commission.
Permit-A wastewater discharge per-
mit issued by the Texas Water Commission
pursuant to the Texas Water Code, Chapter
26.
Treatment plant o aerator-Anyone
holding a valid certificate of competency
issued by the Texas Water Commission to
operate or assist in the operation of a
wastewater treatment facility.
Wastewater-Waterborne human
waste and waste from domestic activities,
such as washing, bathing, and food prep-
aration.
Wastewater treatment facility-Any
plant, disposal field, lagoon, or other facil-
ity installed for the purpose of treating,
neutralizing, or stabilizing wastewater, the
operation of which requires a wastewater
discharge permit from the Texas Water
Commission.
Wastewater treatment facility opera.
dtions company-Any person, company, cor-
poration, firm, partnership, or other non-
governmental entity that employs one or
more wastewater treatment plant operators,
and is in the business of providing waste-
water treatment facility operations or
operating any wastewater treatment facility
for the permit holder of that facility.
325.2. Certified Treatment Plant Opera-
tors Required.
(a) Anyone operating or assisting in
the operation of a wastewater treatment fa-
cility must hold a valid certificate of com-
petency issued pursuant to this chapter.
Upon special request from the permit holder,
exceptions may be made by the executive
director whereby persons assisting in the
operation of the wastewater treatment facili-
ty may serve as apprentices without certifica-
tion for a period not to exceed 12 months.
The apprentice period may be extended up
to another 12 months by the executive direc-
tor if extreme circumstances merit the
extension.
(b) All holders of permits to discharge
wastewater from a wastewater treatment
facility or to operate a wastewater treatment
facility shall employ one or more treatment
plant operators holding valid certificates of
competency issued under the direction of the
commission.
325.3. Application.
(a) Applications for certificates of
competency for treatment plant operators
and for wastewater treatment facility opera-
tions companies shall be made to the execu-
tive director who is authorized by the com-
mission to issue the certificates of competen-
cy for the commission.
(b) No certificates of competency will
be issued by the executive director until all
requirements have been met and, if applic-
able, required written tests have been taken
by the applicant, and passed.11 TexReg 1210 March 11, 1986
_ __
Teas Regter 4A
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Texas. Secretary of State. Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986, periodical, March 11, 1986; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243767/m1/48/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.