Lea,

 

John Hill attached the referenced code that explains it should be the Mayor or City Manager who signs the SWPPP submittal to TCEQ.  We will get Bruce Dunne to revise the incorrect name
on the application and send it to Town Hall for Ron’s signature.  If  there are any questions regarding the SWPPP, please let me know.  

 

Thank you,

Nancy

 

From: Ext_mail John Hill 
Sent: Thursday, May 20, 2010 5:23 PM
To: Nancy Cline
Subject: TCEQ

 

***************************************************************************** 
IMPORTANT/CONFIDENTIAL: This message contains information 
from the law firm of Cowles & Thompson, P.C. which may be 
privileged, confidential, and exempt from disclosure under applicable 
law. If the reader of this message is not the intended recipient or the 
employee, or agent responsible  for delivering the message to the 
intended recipient, you are hereby notified that any dissemination, 
distribution, or copying of this communication is strictly prohibited. 
If you have received this communication in error, please notify us 
immediately at our telephone number 
                             (214) 672-2000 
****************************************************************************** 

 

Nancy, Rule 305.44 of Title 30 of the Texas Administrative Code is entitled “Signatories to Applications,” and Rule 305.128 of Title 30 is entitled “Signatories to Reports.”  A copy
of each is attached.

Rule 305.44(a) states that applications by a municipality are to:

be signed by either a principal executive officer or a ranking elected official.

 

A city manager should be the “principal executive officer” of a municipality.

 

The application to which this rule applies is a permit application required to be filed with the TCEQ for authorization under various chapters of the Texas Water Code (Chapters 26 (Water
Quality Control), 27 (Injection Wells), 28 (Water Wells and Drilled or Mined Shafts), and 32 (Subsurface Area Drip Dispersal System)) and of the Texas Health and Safety Code (Chapters
361 (Solid Waste Disposal Act) and 401 (Radioactive Materials and Other Sources of Radiation)), and to post-closure orders issued under Health and Safety Code Section 361.082 (Application
for Hazardous Waste Permit; Notice and Hearing) and Water Code Section 7.031 (Corrective Action Relating to Hazardous Waste).

 

 

Rule 305.128 states that a report requested by permits or other information requested by the TCEQ executive director is to be signed either by a person described in Rule 305.44 or by
“a duly authorized representative of that person.”  A person is a duly authorized representative if:

 

(1)        the authorization is made in writing by a person described in §305.44(a) of this title (in other words, the city manager would need to designate the authorized representative
in writing);

 

(2)        the authorization must specify either “an individual or a position having responsibility for the overall operation of the regulated facility or activity or for environmental
matters for the applicant, such as the position of plant manager, operator of a well or well field, environmental manager, or a position of equivalent responsibility. (A duly authorized
representative may thus be either a named individual or any individual occupying a named position).”  Therefore you, or the position of “Director of Public Works,” could be named in
the authorization as the duly authorized representative; and

 

(3)        the written authorization must be submitted to the TCEQ executive director.

 

 

Please let me know if you have any questions/comments.

 

John