31 Tex. Admin. Code § 57.932 - State Aquatic Vegetation Plan
(a)
Requirements Applicable to All Measures to Control Nuisance Aquatic Vegetation.
(1) Purpose. The purpose of the state aquatic
vegetation plan is to provide for the coordination, oversight, guidance and
where applicable public notice and enforcement of all activities related to the
management of nuisance aquatic vegetation on public bodies of surface water.
This includes, but is not limited to, coordination, oversight, public
notification and enforcement of all aquatic herbicide use to protect state fish
and wildlife resources and habitat and to prevent unreasonable risk from the
use of any aquatic herbicide.
(2)
Standards. All measures that a person undertakes to control nuisance aquatic
vegetation shall be consistent with the principles of integrated pest
management as defined in §
57.930 of this title (relating to
Definitions). A guidance document prepared by TPWD will describe measures to
control nuisance aquatic vegetation, and the minimum standards applicable to
governing entities that regulate a public body of surface water and persons who
propose to treat nuisance aquatic vegetation. The guidance document will
include:
(A) Encouragement of the growth and,
where lacking, establishment of native aquatic vegetation that provides habitat
for fish, the food chain that supports desirable fish populations, other
desirable aquatic organisms and wildlife without interfering with reasonable
recreational use, navigation, drinking water supply, flow of water to power
plants, industrial use, irrigation, or other beneficial uses;
(B) Encouragement of efforts to address the
root causes supporting the overgrowth of nuisance aquatic vegetation;
(C) Support for continued monitoring and
assessment activities to identify new nuisance aquatic vegetation species and
act appropriately to eliminate or minimize ecological impacts;
(D) Support for continued research and
evaluation of vegetation control methods that will cause the least possible
hazard to persons, property and the environment as required by application of
integrated pest management principles;
(E) Encouragement of public input in
decision-making processes;
(F)
Encouragement of ongoing education and outreach efforts as to the importance of
managing aquatic vegetation to assure the ecological health of public
waters;
(G) Information to guide
individuals wishing to treat nuisance aquatic vegetation; and
(H) Criteria for choosing management
responses to nuisance aquatic vegetation problems based on the uses of the
water body and the nature of the problem. These criteria may take the form of a
three-tier system: Tier I, which calls for immediate response and eradication;
Tier II, which calls for ongoing control where nuisance aquatic vegetation is
well-established; and Tier III, which calls for monitoring and a contingency
plan in case the problem worsens. The three-tier system is subject to change as
provided in paragraph (3) of this subsection.
(3) Modification of Guidance. TPWD will
publish notice in the Texas Register and seek input from
interested parties when it proposes major modifications to the guidance
document such as changes in procedures and notification. Notice shall be
provided at least 60 days prior to the effective date of any changes to the
guidance document. The notice shall describe the proposed modifications and the
reasons for the modifications, and how comments on the proposed modifications
may be made to TPWD. Minor modifications such as changes of address,
typographical corrections, and addition of species or approved herbicide may be
published on the TPWD website without submission to the Texas
Register.
(4) Review by
TPWD. Except as provided in paragraph (5) of this subsection, prior to
undertaking any measures to control nuisance aquatic vegetation in a public
body of surface water, a person operating under the state plan (exclusive of
TPWD personnel or its contractors) shall provide to TPWD a treatment proposal,
on a form included in the guidance document, no later than the 14th day before
the measures are to begin. TPWD will review and may disapprove or amend any
treatment proposal and will respond no later than the day before the proposed
control measures are to begin. Where appropriate, TPWD will provide technical
advice and recommendations regarding prevention of nuisance aquatic vegetation
problems. The person submitting the treatment proposal shall have the burden of
demonstrating compliance with the state plan. Where a local plan governs,
treatment proposals are not subject to TPWD review, approval, and amendment,
but are to be submitted to TPWD (pursuant to §
57.934(b) of
this title, relating to Local Aquatic Vegetation Plan) for informational
purposes.
(5) The owner or manager
of a property or their agent, other than persons hired solely for the purposes
of removing aquatic vegetation or persons using mechanical harvesters, is not
required to submit a treatment proposal for physical removal of floating
aquatic plants from public water adjacent to the property, shorelines, docks,
or other waterfront infrastructure associated with the property provided these
species are possessed, transported, and disposed in compliance with §
57.113 of this title (relating to
Harmful or Potentially Harmful Fish, Shellfish, and Aquatic
Plants).
(b) Additional
Requirements Applicable to the Use of Aquatic Herbicides to Control Nuisance
Aquatic Vegetation.
(1) No person shall apply
aquatic herbicide in a public body of surface water where the state plan
governs unless the herbicide is applied in a manner consistent with the state
plan. No person shall apply aquatic herbicide in a public body of surface water
where a local plan governs unless the herbicide is applied in a manner
consistent with the local plan. Where a local plan has been adopted and
approved, the requirements of the local plan supersede the requirements of this
subsection.
(2) All persons
intending to apply an aquatic herbicide shall provide written notice to the
governing entity, TPWD, all public drinking water providers that have an intake
within two river miles of a site at which an application of aquatic herbicide
is proposed to occur, and all persons who have requested notice (TPWD will
maintain a list) no later than the 14th day before the application is to occur.
The notice shall include:
(A) the dates of
the proposed application;
(B) all
label information for the aquatic herbicide to be applied;
(C) a statement that TPWD's guidance document
has been reviewed and the proposed herbicide application is consistent with the
principles of integrated pest management as set forth in subsection (a)(2) of
this section and that document;
(D)
information demonstrating that the proposed application will not result in
exceeding:
(i) the maximum contaminant level
of the herbicide in finished drinking water as set by the TCEQ and the EPA;
or
(ii) if the aquatic herbicide
does not have an MCL established by the TCEQ and the EPA, the maximum label
rate; and
(E) TDA
applicator license number, if any.
(3) In Tier I or emergency situations TPWD
and/or its contractors may conduct herbicide treatment with only 24 hours
notice to controlling authorities and persons on the notification list,
provided the treatment is at least two river or lake miles away from an active
potable water intake.
(4) An
individual who is not a licensed applicator may not apply aquatic herbicides
unless the governing entity affirmatively finds, after receiving the proper
notice as provided in subsection (b)(2) of this section, that the application
will be consistent with the state plan. The governing entity shall respond to
the notice given by an individual who is not a licensed applicator no later
than the day before the date the application is scheduled to occur.
(5) An individual who is a licensed
applicator may apply aquatic herbicide after notice consistent with subsection
(b)(2) of this section if the governing entity finds that the application would
be consistent with the state plan or does not disapprove the application no
later than the day before the application is to occur.
(6) After receiving notice of a proposed
application of aquatic herbicide, a governing entity, or TPWD in the absence of
such an entity, shall:
(A) provide the
individual proposing the application with the state plan;
(B) notify the individual in writing that it
is a violation of state law to apply aquatic herbicides in a public body of
water in a manner inconsistent with the state plan; and
(C) determine whether the proposed
application is consistent with the state plan.
(7) The governing entity shall prohibit the
proposed application of aquatic herbicide if the governing entity finds that
the proposed application is inconsistent with the state plan.
(8) State money shall not be used to pay for
treatment of a public body of surface water with an aquatic herbicide unless
the application of the herbicide is performed by an applicator licensed for
aquatic herbicide application by the TDA.
(9) Any application of aquatic herbicide
shall comply with label rates approved by the EPA.
(10) Any application of aquatic herbicide
shall comply with applicable federal NPDES requirements under the Clean Water
Act.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.