Clean Water Action Comments Re- -OW- TCEQ Proposed Revisions to 30 TAC Chapters 222 and 309.pdf

Ms. Kris Hogan

MC 205, Office of Legal Services

Texas Commission of Environmental Quality

P.O. Box 13087

Austin, TX 78711-3087

July 30, 2019

Re: 2016-042-309-OW: Proposed Revisions to 30 TAC Chapters 222 and 309

Clean Water Action appreciates the opportunity to submit comments on proposed Amendments to Chapters

222 and 309 Relating to Beneficial Reuse Credits. Clean Water Action is a national non-profit organization

founded in 1972 and operating in Texas since 1988. Our mission includes working to protect drinking

water and the sources of our drinking water, and protecting aquatic ecosystems. We also work to promote

water conservation strategies. Many of our Texas members have submitted comments to TCEQ in

opposition to permits to discharge treated effluent into Hill Country waterways.

Clean Water Action supports the proposed revisions, as they will incentivize the beneficial use of

reclaimed water and reduce the likelihood that treated effluent will be discharged into Hill Country

waterways. These revisions will also help stretch scarce water supplies during a time of rapid population

growth.

In particular, Clean Water Action supports these proposed changes:

Revisions to §222.83(e) and §309.24(d) that would maintain a disposal site area of at least 50% of

the area required based on the permitted flow. This will help assure that treated effluent can be

disposed of on land during times of low demand for recycled water rather than discharged into

waterways.

Revisions to §222.127(c) and §309.24(e), prohibiting the reduction of effluent storage

requirements. This will allow more effluent to be held during times of saturated soils rather than

irrigated onto land that cannot assimilate it or discharged into waterways.

The new §309.25(b)(5) to require a permittee that is granted a beneficial reuse credit to have a

contractual agreement to pump and haul unused treated effluent and requires the applicant to

dispose of excess wastewater under the contractual agreement (under certain conditions). This will

guarantee that a permittee has a plan in place to dispose of excess effluent and prevent its

unauthorized discharge.

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