(a) This chapter establishes procedures and criteria for applying for, processing, and reviewing state certifications under CWA, §401, for activities under the jurisdiction of the agency. It is the purpose of this chapter, consistent with the Texas Water Code and the federal CWA, to maintain the chemical, physical, and biological integrity of the state's waters.
(b) It is the policy of the commission to achieve no overall net loss of the existing wetlands resource base with respect to wetlands functions and values in the State of Texas. All activities under the jurisdiction of the agency that require a federal license or permit and that may result in any discharge to waters of the United States are subject to review for consistency with the federal CWA and the Texas Surface Water Quality Standards. After such a review, the agency shall:
  (1) grant certification for any activity that will not result in any discharge in violation of water quality standards or any other appropriate requirements as set forth in §279.9 of this title (relating to Executive Director Review of Water Quality Certification Application);
  (2) grant conditional certification stating that the conditions necessary to prevent any activity that will result in a discharge from violating water quality standards or any other appropriate requirements as set forth in §279.9 of this title;
  (3) deny certification for any activity that will result in a discharge in violation of water quality standards or any other appropriate requirements as set forth in §279.9 of this title; or
  (4) waive certification. The agency may condition the waiver of certification upon the agreement of an applicant to include and comply with specific water quality-related conditions in the applicant's federal permit.
(c) The executive director is delegated the responsibility for performing all certification functions under this chapter on behalf of the commission, except that at the request of the executive director, the commission may review the question of certification prior to the executive director's determination on certification.

Source Note: The provision of this §279.2 adopted to be effective July 22, 1987, 12 TexReg 2187; amended to be effective July 13, 1995, 20 TexReg 4693; amended to be effective October 4, 2001, 26 TexReg 7569