Section 523.4 - Resolution of ComplaintsComplaints concerning the violation of a water quality management plan or a violation of a law or rule relating to nonpoint source pollution will be addressed as follows.
(1) The State Board will investigate complaints regarding:(A) agricultural and silvicultural nonpoint sources;(B) operations with a certified water quality management plan;(C) operations that have applied for a water quality management plan;(D) nonpoint source problems related to operations needing a water quality management plan; and(E) general complaints regarding agricultural and silvicultural nonpoint source related pollution.(2) Determination of the need for action.(A) The State Board in consultation with the soil and water conservation district will make a determination relative to the need for action.(B) To the extent practicable, the complainant will be interviewed by the State Board and the soil and water conservation district prior to an investigation.(C) The State Board in consultation with the local soil and water conservation district will, based on complainant interviews and investigations, including a review of the water quality management plan on file with the State Board and/or the soil and water conservation district, determine whether or not the need for corrective action exists.(D) The State Board will inform the complainant of the outcome of a determination upon completion of the investigation and it is determined whether the need for corrective action exists.(E) Upon completion of an investigation by the State Board and all pertinent soil and water conservation districts, and provision of the final investigative determination to all complainants and operators interviewed and investigated, any complainant or operator interviewed or investigated shall be provided an opportunity for a hearing before members of the soil and water conservation district or districts involved in the investigation.(F) Subsequent to a hearing before members of the local soil and water conservation district or districts involved in the investigation, any complainant or operator interviewed or investigated may request a hearing before the State Board. The State Board may provide for the requested hearing at its discretion.(3) Corrective action plan. Once the determination of the need for action is made, a corrective action plan will be developed. (A) The corrective action plan must meet all requirements of a certified water quality management plan.(B) The corrective action plan will be developed in consultation with the soil and water conservation district in the same manner as a water quality management plan is developed.(C) The corrective action plan will be developed with the technical assistance from the Natural Resources Conservation Service, Texas AgriLife Extension Service, Texas Forest Service, the local underground water conservation district, and/or State Board as appropriate.(4) If the person upon whom the complaint was filed fails or refuses to take warranted corrective action within 45 days of notification of the outcome of the investigation, the State Board shall refer the complaint to the Texas Commission on Environmental Quality.31 Tex. Admin. Code § 523.4
The provisions of this §523.4 adopted to be effective December 22, 1993, 18 TexReg 9106; amended to be effective June 20, 2000, 25 TexReg 5913; amended to be effective March 21, 2004, 29 TexReg 2652; amended to be effective December 20, 2005, 30 TexReg 8440; amended to be effective June 21, 2006, 31 TexReg 4867; amended to be effective December 23, 2008, 33 TexReg 10325