30 Tex. Admin. Code § 50.145 - Corrections to Permits
(a) This section
applies to a permit as defined in §
3.2 of this title (relating to
Definitions), except that it does not apply to air quality permits under
Chapter 122 of this title (relating to Federal Operating Permits Program). The
executive director, on his own motion or at the request of the permittee, may
make a non-substantive correction to a permit either by reissuing the permit or
by issuing an endorsement to the permit, without observing formal amendment or
public notice procedures. The executive director must notify the permittee that
the correction has been made and forward a copy of the endorsement or corrected
permit for filing in the agency's official records.
(b) The executive director may issue
non-substantive permit corrections under this section:
(1) to correct a clerical or typographical
error;
(2) to change the mailing
address of the permittee, if updated information is provided by the
permittee;
(3) if updated
information is provided by the permittee, to change the name of an incorporated
permittee that amends its articles of incorporation only to reflect a name
change, provided that the secretary of state can verify that a change in name
alone has occurred;
(4) to describe
more accurately in a water rights permit or certificate of adjudication the
boundary of or the point, rate, or period of diversion of water;
(5) to describe more accurately the location
of the authorized point or place of discharge, injection, deposit, or disposal
of any waste, or the route which any waste follows along the watercourses in
the state after being discharged;
(6) to describe more accurately the pattern
of discharge or disposal of any waste authorized to be disposed of;
(7) to describe more accurately the
character, quality, or quantity of any waste authorized to be disposed of;
or
(8) to state more accurately or
update any provision in a permit without changing the authorizations or
requirements addressed by the provision.
(c) Before the executive director makes a
correction to a permit under this section, the executive director shall inform
the general counsel of the proposed correction, and shall provide a copy of
such information to the public interest counsel. Review by the general counsel
and the public interest counsel under this subsection does not apply to a
correction described in subsection (b)(2) or (3) of this section. The public
interest counsel shall advise the general counsel of any objections to the
proposed correction. The general counsel shall act within five business days of
receiving the executive director's proposal. If the general counsel determines
that the proposed correction should not be issued under this section, the
executive director shall not issue the correction, but may set the matter for
commission action during a commission meeting. If the general counsel fails to
act within five business days, the executive director may issue the correction
as proposed.
Notes
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