1. Municipal Wastewater Permits
TCEQ Environmental Trade Fair & Conference 2014
J. Alfonso Martinez III
TCEQ Trade Fair
May 2019
Presentation Summary – The permit application requires different portions of the application to be filled out depending on if the permit is a discharge permit or non-discharge. There are four types of non-discharge permits: surface irrigation, subsurface irrigation, subsurface area drip dispersal system (SADDS), and total evaporation. Surface irrigation, subsurface irrigation, and total evaporation are regulated by 30 TAC Chapter 309 and SADDS is regulated by 30 TAC Chapter 222. The permit requirements vary based on the type of disposal, type of system, and land application site.
J. Alfonso Martinez III

2. APPLICATION FORMS 10053-inst
Instructions for Completing the Domestic Wastewater Permit Application (PDF)
10053
Domestic Wastewater Permit Application Administrative Report (PDF)
10054
Domestic Wastewater Permit Application Technical Report (PDF)
The forms that are needed to apply are as follows:
10053-inst: Instructions for Completing the Domestic Wastewater Permit Application
10053: Domestic Wastewater Permit Application (PDF)
10054: Domestic Wastewater Permit Application Technical Report (PDF)
This graphic slide identifies the three forms that are needed to apply for a domestic wastewater permit. Form inst is a PDF file with instructions for completing the application. The Domestic Wastewater Permit Application (administrative report) is form number The Domestic Wastewater Permit Application Technical Report (technical report) is form number

3. TYPES OF APPLICATIONS New* Renewal Amendment Brand new facility
Expired permits re-apply as new facilities
Renewal
Continue an existing authorization
Can include a minor amendment
Amendment
Major Amendment*- substantially change or relax the permit
Minor Amendment- change permit without relaxing the permit
New*
Brand new facility
Expired permits re-apply as new facilities
Requires additional mailed notice to adjacent landowners and landowners for one mile downstream
Renewal
Continue an existing authorization
Can include a minor amendment
Amendment
Major Amendment* – substantially change or relax the permit (requires additional mailed notice to adjacent landowners and landowners for one mile downstream)
Minor Amendment – update/change permit without relaxing the permit
There are different categories of municipal permit applications and types of permits. New permit applications are filed for brand new facilities. If a permit expires, the facility will need to re-apply as a new facility.
Renewal applications are used to continue an existing authorization. Non-substantial changes can be accommodated during a renewal application (renewal with changes). A common minor amendment is adding an interim phase without changing the flow in the final phase.
Major amendments are a change to a substantial term of the permit. For example, a major amendment would be to increase flow or increase a limit of a pollutant. If you are not sure about whether your amendment request is minor or major, contact New permit applications and major amendment applications have additional notice requirements and will require a list of adjacent and downstream landowners.
*Requires additional notice to adjacent and downstream landowners

4. No discharge to waters of the state
PERMIT TYPES
TPDES
Texas Pollutant Discharge Elimination System
TCEQ/EPA authorization
Discharge to waters of the state
TLAP
Texas Land Application Permit
State permit only
No discharge to waters of the state
TPDES
TCEQ/EPA
Discharge
TLAP
State Only
No discharge to waters of the state
In addition to application types, there are two main permit types: Texas Pollutant Discharge Elimination System (TPDES) permits and Texas Land Application Permits (TLAP).

5. TPDES APPLICATION New Major Amendment Minor Amendment Renewal
TPDES Application Type
Application Worksheets Required
New
Admin 1.0, 1.1, and SPIF
Tech 1.0, 1.1, 2.0, 2.1, 4.0¹, 5.0¹, and 6.0²
Major Amendment
Tech 1.0, 1.1, 2.0, 2.1³, 4.0¹, and 6.0²
Minor Amendment
Admin 1.0 and SPIF
Tech, 1.0, 1.1³, 2.0, and 6.0²
Renewal
Tech 1.0, 2.0, 4.0¹, 5.0¹, and 6.0²
This chart on this page identifies the worksheets of the application (TCEQ forms and 10054) needed for each type of application. Worksheets 3.0 are not needed for TPDES permits. Several worksheets (including 2.1 and 1.1) may not be required for renewals or minor amendments, but may be requested on a case-by-case basis.
¹Required for major facilities
²Required for POTWs
³May be requested on a case-by-case basis

6. TLAP APPLICATION New Major Amendment Minor Amendment Renewal
TLAP Application Type
Application Worksheets Required
New
Admin 1.0, 1.1, and SPIF
Tech 1.0, 1.1, 3.0, 3.1 (Surface), 3.2 (Subsurface), 3.3 (SADDS), and 7.0 (Inject)
Major Amendment
Minor Amendment
Admin 1.0 and SPIF
Tech 1.0, 1.1¹, 3.0¹, 3.1¹ (Surface), 3.2¹ (Subsurface), 3.3¹ (SADDS), and 7.0 (Inject)
Renewal
Tech 1.0, 3.0, 3.1 (Surface), 3.2¹ (Subsurface), 3.3¹ (SADDS), and 7.0 (Inject)
This chart on this page identifies the worksheets of the application (TCEQ forms and 10054) needed for each type of application. Worksheets 2.0, 2.1, 4.0, 5.0, and 6.0 are not needed for TLAP permits. Worksheet 3.0 is specifically for subsurface irrigation. Worksheet 3.3 is specifically for subsurface area drip disposal systems. Worksheet 7.0 is specifically for Class V Injection permits. Several worksheets may not be required for renewals or minor amendments, but may be requested on a case-by-case basis.
¹May be requested on a case-by-case basis

7. Prohibited in Edwards Aquifer Recharge Zone
TYPES OF TLAPS
Surface Irrigation
30 TAC Chapter 309
30 TAC Chapter 217 design requirements
Subsurface Irrigation
30 TAC Chapter 285 for guidance; 20 TAC Chapter 217 for design requirements
Prohibited in Edwards Aquifer Recharge Zone
Subsurface Area Drip Dispersal System
30 TAC Chapter 222
30 TAC Chapter 222 design requirements
Total Evaporation
General permit for water treatment plants WQG100000
Surface Irrigation
30 TAC Chapter 309
30 TAC Chapter 217 design requirements
Subsurface Area Drip Dispersal System
30 TAC Chapter 222
30 TAC Chapter 222 design requirements
Prohibited in Edwards Aquifer Recharge zone
Subsurface Irrigation
30 TAC Chapter 285 for guidance; Chapter 217 for design requirements
Prohibited in Edwards Aquifer Recharge Zone
Total Evaporation
Surface irrigation, subsurface irrigation, and total evaporation are regulated by 30 TAC Chapter 309 with design requirements from 30 TAC Chapter 217. Subsurface Area Drip Dispersal System (SADDS) is regulated by 30 TAC Chapter 222, which also includes design requirements for SADDS.

8. TLAP vs. 210 Reuse (210) TLAP Dedicated disposal site
Permittee must own or lease land
Requires permit (330 days)
Reuse (210)
At user’s demand
Permittee may control land
Attached to permit (30 days)
TLAP
Dedicated disposal site
Permittee owns/leases land
Requires permit (330 days)
Reuse (210)
At user’s demand
Permittee does not control land
Attached to permit (30 days)
TLAP
Reuse (210)
Permittee owns/leases land
Dedicated disposal site
For more information about Chapter 210 reuse authorizations, refer to the presentation “Reuse of Domestic Reclaimed Water” as Presented by Louis C. Herrin, III.
Attached to existing TPDES/TLAP permit (30 days)
At user’s demand
Requires permit (330 days)
Permittee does not control land
It’s important to be accurate with terms like “land application” and “reuse”. In both cases, treated wastewater will be used for irrigation. However, “land application” and “reuse” mean very different things.
Reuse authorizations do not substitute for a TPDES or TLAP permit. You must have a wastewater permit before you can add a reuse authorization. Reuse authorizations do not force the end user to take the water, so you must have another permitted disposal method. Reuse authorizations can be added to a permit in about 30 days.
TLAP or “land application” permits require the permittee to own or lease a dedicated disposal site. TLAP permit applications typically take less than 330 days to process.

9. THE PERMITTING PROCESS
Water Quality Assessment
NOD & NORI
Application
NAPD
Public comments
Applications Team
A typical permit application flows from the applicant to:
The Applications Review & Processing Team
The Water Quality Assessment Section
A pretreatment reviewer (if required)
A permit coordinator
The Chief Clerk’s Office
The EPA (if required)
The permittee, as an issued permit
The permit coordinator and the applicant have active roles in communicating with the public and TCEQ staff.
It is normal to be contacted by several different people from the TCEQ.
Pretreatment
ISSUED PERMIT
Issued Permit
Chief Clerk’s Office
Permit Coordinator
Draft Permit
This graphic slide shows the generalized flow of an application through the permitting process. The diagram shows the major processes only and is not intended to be all-inclusive. Additional information or action may be required during any part of the permitting process. Dashed arrows show the major interactions. The applicant and the permit coordinator play central roles in moving an application through the permitting process.
The applicant sends the application to the Applications Review and Processing Team, where the application is reviewed for administrative completeness. The applicant will receive a Notice of Deficiency (NOD) to request additional information if the application is not complete. When the application is complete, a Notice of Receipt of Application and Intent to Apply (NORI) will be sent to the applicant for immediate publication. The NORI comment period can run concurrent with the technical review of the application.
Technical review of the application begins in the Water Quality Assessment Section, where receiving stream uses and effluent limits are determined. If it is a publically owned treatment works (POTW), then the permit will also go to the pretreatment team.
The permit coordinator receives memoranda from the other technical teams and completes the technical review of the application before preparing a draft permit. Input from the technical teams, regional offices, the enforcement division, and the applicant are considered. The permit coordinator will prepare a draft permit package for review by the applicant and TCEQ staff. The draft permit and application materials may be reviewed by the EPA, depending on the type of application other factors. The public and the EPA may submit comments for consideration, both of which can add to permit processing time. After these steps, the permit can then be issued.
Draft Permit
EPA
Region & Enforcement

10. Water Quality Assessment Review
TLAP
Agronomic Review
Groundwater Review
TPDES
Standards
Critical Conditions*
Modeling
Biomonitoring*
For a new or amendment TLAP application, the permit goes through an agronomic review and groundwater review. For a TPDES permit, the permit goes through standards review, critical conditions, modeling, and biomonitoring (for majors).
This slide shows a more detailed look at Water Quality Assessment review and the differences between TLAP and TPDES permits. New and amended permits (and on a case-by-case basis for renewals) go through agronomic review and groundwater review. TPDES permits go through a Standards review and modeling review. Additionally, major TPDES permits go through critical conditions and biomonitoring review.
*For major permits

11. How do I speed up the permitting process?
Respond to Notices of Deficiency
Publish both public notices and return documents (30 days each)
Check for bilingual requirements
Check accuracy and formatting
Complete/correct affidavit and verification
Contact the Chief Clerk’s Office at with questions about the publication process
Review draft permit and send approval or comments
Check for bilingual requirements
Check accuracy and formatting
Complete/correct affidavit and verification
Contact the Chief Clerk’s Office at with questions about the publication process
Publish both public notices and return documents (30 days each)
Respond to Notices of Deficiency
Review draft permit and send approval or comments
The best way to make sure your permit keeps moving through the process is to publish your notices and submit the correct paperwork as soon as possible and respond to notices of deficiency as soon as possible.
CHECK FOR ACCURACY! Errors in the NAPD mean re-notice is required!
The NORI and NAPD, in addition to being published in English, may also need to be published in a second language. Follow the check sheet on the Public Notice form that is sent with both notice packets to determine if a bilingual notice is required. At the time the NAPD is published, the application material, the draft permit, and the fact sheet or technical summary must all be made available during normal business hours at a place of public viewing.

12. COMMISIONERS’ INTEGRATED DATABASE
This graphic slide illustrates use of the TCEQ webpage to keep track of the status of a permit application. Start by clicking ‘View Pending Matters and File Documents’.
The TCEQ home page ( has several helpful tools. You can:
Search the whole website [top-right corner],
Browse information designed for the public, for business, or for local governments [left-hand side, choose Public, Businesses, or Governments]
Browse general information about water regulation [right-hand side, choose WATER],
Browse general information about permits or registrations [left-hand side, choose Permits, Registrations],
Track an application, view notices, make comments, see enforcement actions [right-hand side, choose View Pending Matters and File Documents],
Search for information about a specific permit [left hand side, choose from the options under Search Central Registry , -or- center, choose Find the status of a permit, license] ,
Find application forms [left-hand side, choose Forms].

13. COMMISSIONERS’ INTEGRATED DATABASE PART 1
Enter the 5 digit number after WQ00 in the TCEQ ID Number field and hit enter.

14. COMMISSIONERS’ INTEGRATED DATABASE PART 2
The next page will have some selected actions and the dates they occurred. To display all actions related to your permit, click the ‘Display all Activity Actions’ link.

15. COMMISSIONERS’ INTEGRATED DATABASE PART 3
You will now see a list of all the recorded actions associated with your permit. There is sometimes a delay of a few days from when the Office of the Chief Clerk receives something and when the database gets updated. But if you have returned material for one or the other notice and it is not listed in the database as received, please contact the OCC at to see if there is anything incorrect in what was submitted. Both notices have clickable links that will display the official notice as a PDF. It is possible to copy the text to a word file. The state seal will not copy but the state seal is not needed to be published. This is especially helpful if a newspaper needs an electronic copy of the notice to publish.

16. BUFFER ZONE MAP EXAMPLE
Buffer zones are required for:
Separation from public and private water sources
Nuisance odor control
A good buffer zone map:
Is on one 8.5x11 inch sheet of paper
Is in black and white (Google maps don’t copy well)
Shows all adjacent property owners
Shows all nearby public and private water supplies
Shows the distance from the adjacent property or water supply to the nearest treatment unit
Shows how the buffer zones are met for each adjacent property (legal restrictions, a nuisance odor control plan, etc.)
See 30 TAC §309.13
Note that on-site lift stations are considered treatment units for buffer zone purposes.
This graphic slide shows a buffer zone map. The map shows the distance from each treatment unit to the nearest property line, who owns the affected adjacent properties, and how the buffer zone requirements will be met. Note that on-site lift stations are considered a treatment unit for buffer zone purposes.

17. ANTIBACKSLIDING Can a less stringent permit be issued?
Material alteration
No control, no remedy
Appropriate treatment can’t meet limit
New information
EPA has informed me that you are backsliding.
Federal regulations - no permit
reissued with less stringent
conditions
Federal Anti-backsliding regulations (40 CFR Part (l)(2)(i)
Amendment applications are compared
to federal Antibacksliding regulations
Circumstances where a less stringent permit may be issued:
New information
Changed conditions
Recent plant performance
What is backsliding?
Any change in a permit that leads to less stringent conditions
Federal Anti-backsliding regulations 40 CFR Part (l)(2)(i)
Compared to an existing permit, relaxing permit terms has to follow the EPA guidelines on anti-backsliding. New information, changed conditions, and recent plant performance not available at the time of the last permit action may be used to justify issuing a less stringent permit. There must be proper justification for any change that would lead to less stringent permit conditions.

18. REGIONALIZATION
State policy prefers regional or area-wide wastewater treatment systems over a large number of smaller treatment systems
New and expanding plants contact existing wastewater treatment providers
Provide a 3 mile radius map from the point of discharge that lists all permitted municipal facilities or collection systems
CCN issues ( )
When proposing a new plant or expanded plant, please provide information on regionalization. The applicant is required to provide a 3 mile radius map from the point of discharge that lists all permitted municipal facilities or collection systems within that radius. The applicant must then contact these facilities via letter to see if they can provide service for the proposed flows and provide copies of these letters and responses to TCEQ. If a facility can accept the proposed flows then the applicant must provide a cost comparison estimate of connecting to and obtaining service from the plant willing to accept the flow versus building/expanding and operating their proposed facilities. Call if you need help identifying facilities within 3 miles of the plant. The applicant must also check if the proposed service area is inside another service area that has an existing Certificate of Convenience and Necessity (CCN). Call for more information on CCNs.
State policy prefers regional or area-wide wastewater treatment systems over a large number of smaller treatment systems.
New and expanding plants contact existing wastewater treatment providers
Provide a 3 mile radius map from the point of discharge that lists all permitted municipal facilities or collection systems
CCN issues ( )

19. BEFORE ACCEPTING WASTE…
Is it good for my treatment process?
Do I have organic capacity?
Domestic septage (septic tanks) or chemical toilet waste
Domestic WWTP biosolids
Grit or grease
Brewery, bottling, and food processing wastewater
Animal feed or animal processing wastewater
Before accepting waste, ask yourself or an expert if it is good for your treatment process and do I have enough organic capacity. Be careful about accepting high-strength wastewater at your treatment facility. Some of the sources may surprise you.
Ask yourself or an expert:
Is it good for my treatment process?
Do I have organic capacity?
Accepting wastes can harm your treatment process. Be aware of the risks before you accept wastes like:
Domestic septage (septic tanks) or chemical toilet waste
Domestic WWTP biosolids
Grit or grease
Brewery, bottling, and food processing wastewater
Animal feed or animal processing wastewater

20. Correspondence with the Municipal Permits Team
Acceptance of additional waste (e.g., septic waste, portable toilet waste, etc.)
Pump and Haul
Temporary use of chlorination for disinfection
Bacteria Frequency Reduction
Correspondence Request that include the acceptance of waste, pump and haul, temporary use of the chlorination for disinfection, Bacteria Frequency Reduction, and others

21. Recent Changes
Basin Cycle Repeal
Electronic Reporting Effective September 1, 2020
Other Requirement Section – Federal and State Requirements
Application Forms updates
Dechlorination requirements for facilities ≥0.5 MGD
Other Requirements have been separated into Federal and State Requirements.
New Application forms with changes.
Dechlorination for proposed facilities of flow greater than 0.50 MGD.

22. If I have lots of questions… If I need to renew my permit…
APPLICATION HELP
Call (512)
If I have questions…
Consider a pre-application meeting with TCEQ staff
If I have lots of questions…
Submit application 180 days before the existing permit expires
If I need to renew my permit…
If I have questions…
Call (512)
If I have lots of questions or unique issues…
Consider pre-application meeting with TCEQ staff
If I need to renew my existing permit…
Submit application 180 days before the existing permit expires
If you have questions about how to fill out the application, contact the Municipal Wastewater Permits Team at Pre-application meetings can be scheduled with TCEQ staff if you need assistance during the application process. If you are applying to renew an existing authorization, submit the application 180 days before the existing permit expires.

23. ANY QUESTIONS?

24. CONTACT INFORMATION
Becca Moore
J. Alfonso Martinez III
tceq.texas.gov
Contact information. J. Alfonso Martinez III, phone is The main water quality division number is
Becca Moore

25. SUPPLEMENTAL INFORMATION
The following slides provide additional information and resources that was not part of the live presentation.
The following slides provide additional information and resources that was not part of the live presentation.

26. HELPFUL RESOURCES TCEQ website: http://www.tceq.state.tx.us
Keyword/forms search (database, Spanish templates, 10053, 10054, municipal wastewater permits, etc.)
Central Records
Chief Clerk’s Office:
Water Quality Division:
Regional Offices
Summary of helpful resources available on the web and via TCEQ phone numbers. The main TCEQ website is There is a search box on the upper right corner. Some helpful keyword searches for municipal permits are: (administrative report and instruction booklet), (technical report), Spanish Templates, database (brings up a link to the Commissioners' Integrated Database to track permit status).
Some helpful phone numbers. The main water quality division number is The Office of the Chief Clerk’s number is The Central Records phone number is
TCEQ website:
Keyword/forms search (database, Spanish templates, 10053, 10054, municipal wastewater permits, etc.)
Central Records
Chief Clerk’s Office:
Water Quality Division:
Regional Offices

27. HELPFUL WEBSITE RESOURCES
This graphic slide illustrates use of the TCEQ webpage to keep track of the status of a permit application. Start by clicking ‘View Pending Matters and File Documents’.
The TCEQ home page ( has several helpful tools. You can:
Search the whole website [top-right corner],
Browse information designed for the public, for business, or for local governments [left-hand side, choose Public, Businesses, or Governments]
Browse general information about water regulation [right-hand side, choose WATER],
Browse general information about permits or registrations [left-hand side, choose Permits, Registrations],
Track an application, view notices, make comments, see enforcement actions [right-hand side, choose View Pending Matters and File Documents],
Search for information about a specific permit [left hand side, choose from the options under Search Central Registry , -or- center, choose Find the status of a permit, license] ,
Find application forms [left-hand side, choose Forms].

28. References
Comic was adapted from Reverendfun.com by Mikel Rice copyright Bible Gateway