Chapter 26

Water Quality Control

Subchapter A. Administrative Provisions

26.001 Definitions 26.002 Ownership of Underground Water 26.003 Policy of This Subchapter

Subchapter B. General Powers and Duties

26.011 In General 26.012 State Water Quality Plan 26.013 Research, Investigations 26.0135 Watershed Monitoring and Assessment of Water Quality 26.0136 Water Quality Management 26.014 Power to Enter Property 26.015 Power to Examine Records 26.0151 Public Information 26.017 Cooperation 26.018 Contracts, Instruments 26.019 Orders 26.0191 Temporary or Emergency Order Relating to Discharge of Waste or Pollutants 26.020 Hearing Powers 26.021 Delegation of Hearing Powers 26.022 Notice of Hearings; Continuance 26.023 Water Quality Standards 26.024 Hearings on Standards; Consultation 26.025 Hearings on Standards; Notice to Whom 26.026 Standards to Be Published 26.027 Commission May Issue Permits 26.0271 Permits Authorizing Reuse Water System Contributions and Discharges 26.02715 Disposal of Reclaimed Wastewater to Wastewater Collection System 26.0272 Permits Authorizing Discharges from Certain Seawater Desalination Facilities 26.0275 Restriction on Permits for Discharges into Certain Segments and Drainage Areas 26.028 Action on Application 26.0281 Consideration of Compliance History 26.0282 Consideration of Need and Regional Treatment Options 26.0283 Denial of Application for Permit; Assistance Provided by Certain Former Employees 26.0286 Procedures Applicable to Permits for Certain Concentrated Animal Feeding Operations 26.029 Conditions of Permit; Amendment 26.0291 Water Quality Fee 26.0292 Fees Charged to Aquaculture Facilities 26.030 Permit; Effect on Recreational Water 26.0301 Wastewater Operations Company Registration and Operator Licensing 26.0311 Standards for Control of Graywater 26.033 Rating of Waste Disposal Systems 26.034 Approval of Disposal System Plans 26.0345 Discharge from Aquaculture Facilities 26.035 Federal Grants 26.036 Water Quality Management Plans 26.037 Approval of Plans 26.038 Fiscal Control on Water Quality Management Planning 26.039 Accidental Discharges and Spills 26.040 General Permits 26.0405 General Permits for Certain Sewage Treatment and Disposal Systems 26.0406 General Permits for Aquaculture; Exemption for Cleaning Structures Used for Growing Oysters 26.041 Health Hazards 26.042 Monitoring and Reporting 26.043 The State of Texas Water Pollution Control Compact 26.044 Disposal of Boat Sewage 26.045 Pump-Out Facilities for Boat Sewage 26.046 Hearings on Protection of Edwards Aquifer from Pollution 26.0461 Fees for Edwards Aquifer Plans 26.047 Permit Conditions and Pretreatment Standards Concerning Publicly Owned Treatment Works 26.048 Prohibition of Discharge to a Playa from a Concentrated Animal Feeding Operation 26.0481 Disposal of Dairy Waste in Retention Facility 26.049 Sanitary Sewer Overflows 26.0491 Model Standards to Prevent Discharge of Untreated Wastewater from Sanitary Sewers 26.050 Digital Copies of Boundary Lines 26.052 Limited Liability for Aquatic Herbicide Application 26.053 Don't Mess with Texas Water Program

Subchapter C. Regional and Area-Wide Systems

26.081 Regional or Area-Wide Systems; General Policy 26.082 Hearing to Define Area of Regional or Area-Wide Systems 26.083 Hearing to Designate Systems to Serve the Area Defined; Order; Election; Etc 26.084 Actions Available to Commission After Designations of Systems 26.085 Inclusion at a Later Time 26.086 Rates for Services by Designated Systems 26.087 Election for Approval of Regional or Area-Wide System or Systems

Subchapter D. Prohibition Against Pollution; Enforcement

26.121 Unauthorized Discharges Prohibited 26.1211 Pretreatment Effluent Standards 26.127 Commission as Principal Authority 26.128 Groundwater Quality 26.129 Duty of Parks and Wildlife Department 26.130 Duty of Department of Health 26.131 Duties of Railroad Commission 26.131 Duties of Railroad Commission 26.1311 Duty of State Soil and Water Conservation Board 26.132 Evaporation Pits Requirements 26.135 Effect on Other Laws 26.137 Comment Period for Edwards Aquifer Protection Plans

Subchapter E. Authority of Local Governments

26.171 Inspection of Public Water 26.172 Recommendations to Commission 26.173 Power to Enter Property 26.175 Cooperative Agreements 26.176 Disposal System Rules 26.177 Water Pollution Control Duties of Cities 26.178 Financial Assistance Dependent on Water Quality Programs 26.179 Designation of Water Quality Protection Zones in Certain Areas 26.180 Nonpoint Source Water Pollution Control Programs of Certain Municipalities

Subchapter F. Criminal Prosecution

26.215 Peace Officers 26.2171 Venue

Subchapter G. Oil and Hazardous Substance Spill Prevention and Control

26.261 Short Title 26.262 Policy and Construction 26.263 Definitions 26.264 Administrative Provisions 26.265 Texas Spill Response Account 26.266 Removal of Spill or Discharge 26.267 Exemptions

Subchapter H. Poultry Operations

26.301 Definitions 26.302 Regulation of Poultry Facilities 26.303 Handling and Disposal of Poultry Carcasses 26.304 Records of Sale, Purchase, Transfer, or Application of Poultry Litter 26.305 Inspection of Records

Subchapter I. Underground and Aboveground Storage

26.341 Purpose 26.342 Definitions 26.343 Regulated Substances 26.344 Exemptions 26.3441 Aboveground Storage Tanks 26.3442 Performance Standards for Safety at Storage Vessels 26.3443 Certain Commission Exemptions and Rules; Amendments and Alternative Standards 26.3444 Certification Fee 26.3445 Location of Intermediate Bulk Container Recycling Facility 26.345 Administrative Provisions 26.346 Registration Requirements 26.3465 Failure or Refusal to Provide Proof of Registration or Certification of Compliance 26.3467 Duty to Ensure Certification of Tank Before Delivery 26.347 Tank Standards 26.3475 Release Detection Requirements; Spill and Overfill Prevention; Corrosion Protection; Notice of Violation; Shutdown 26.3476 Secondary Containment Required for Tanks Located Over Certain Aquifers 26.348 Leak Detection and Record Maintenance 26.349 Reporting of Releases and Corrective Action 26.350 Tank Closure Requirements 26.351 Corrective Action 26.3511 Corrective Action by the Commission 26.3512 Owner or Operator Responsibility; Limitations on Account Payments for Corrective Action 26.3513 Liability and Costs: Multiple Owners and Operators 26.3514 Limits on Liability of Lender 26.3515 Limits on Liability of Corporate Fiduciary 26.3516 Limits on Liability of Taxing Unit 26.352 Financial Responsibility 26.354 Emergency Orders 26.355 Recovery of Costs 26.356 Inspections, Monitoring, and Testing 26.357 Standards and Rules 26.3571 Eligible Owner or Operator 26.3572 Groundwater Protection Cleanup Program 26.3573 Petroleum Storage Tank Remediation Account 26.35731 Consideration and Processing of Applications for Reimbursement 26.35735 Claims Audit 26.3574 Fee on Delivery of Certain Petroleum Products 26.358 Collection, Use, and Disposition of Storage Tank Fees and Other Revenues 26.359 Local Regulation or Ordinance 26.360 Privatization of Program 26.361 Expiration of Reimbursement Program 26.362 Suit to Test Validity of Closure Letter 26.363 Reliance on Closure Letter 26.364 Registration of Persons Who Contract to Perform Corrective Action 26.365 Registration of Geoscientists Who Contract to Perform Corrective Action 26.366 Licensure of Persons Who Supervise Corrective Actions 26.367 Licensure of Geoscientists Who Supervise Corrective Actions

Subchapter J. Groundwater Protection

26.401 Legislative Findings 26.402 Definition 26.403 Creation and Membership of Texas Groundwater Protection Committee 26.404 Administration 26.405 Powers and Duties of Committee 26.406 Groundwater Contamination Information and Reports; Rules 26.407 Protection and Enhancement Plans 26.408 Notice of Groundwater Contamination

Subchapter K. Occupational Licensing and Registration

26.451 Definitions 26.452 Underground Storage Tank Contractor 26.456 Underground Storage Tank on-Site Supervisor Licensing

Subchapter L. Protection of Certain Watersheds

26.501 Definitions 26.502 Applicability 26.503 Regulation of Certain Concentrated Animal Feeding Operation Wastes 26.504 Waste Application Field Soil Sampling and Testing

Subchapter M. Water Quality Protection Areas

For expiration of Subchapter M, see Section 26.562.

26.551 Definitions 26.552 Applicability; Pilot Program 26.553 Regulation of Quarries Within Water Quality Protection Area 26.554 Financial Responsibility for Discharges of Certain Wastes Within Water Quality Protection Area 26.555 Inspections of and Sampling of Water in Pilot Program Areas 26.556 Unauthorized Discharges of Certain Wastes Within Water Quality Protection Area; Enforcement 26.557 Emergency Orders 26.558 Recovery of Costs for Unauthorized Discharges Within Water Quality Protection Area 26.559 Reclamation and Restoration Fund Account 26.560 Cooperation with Other State Agencies 26.562 Expiration