SECTION 216.24. Water Quality Assessments and Studies

Water quality assessments and studies that may be used by the executive director to identify water pollution that is attributable to non-permitted sources shall consist of one or more of the following.

(1) State water quality inventory. The state program which assesses the quality of surface and ground waters resulting in a report describing the status of water quality in the state in accordance with the Federal Clean Water Act, §305(b).

(2) Clean rivers program. Watershed water quality assessments conducted in accordance with Texas Water Code, §26.0135.

(3) State nonpoint source assessment. The state program implemented in compliance with Federal Clean Water Act, §319(a), which identifies surface and ground waters in the state which cannot reasonably be expected to attain or maintain applicable water quality standards or the goals and requirements of the federal Clean Water Act without additional controls for nonpoint sources of pollution.

(4) Total maximum daily load. Pursuant to Clean Water Act, §303(d), states are required to develop total maximum daily loads for waters within the state for which the effluent limitations required by the Clean Water Act, §301(b)(1)(A) and (B) are not stringent enough to implement any water quality standard applicable to such waters.

(5) Other. Special studies, pilot projects, reports, or other quality assured assessments of water quality in the state prepared, approved, or accepted by the executive director that identify non-permitted sources of water pollution within cities, including information used by the executive director for the purpose of updating the state's list of impaired waters prepared in accordance with the federal Clean Water Act, §303(d).

Source Note: The provisions of this §216.24 adopted to be effective March 9, 1999, 24 TexReg 1622