(a) A person desiring to obtain an order to discharge waste into the waters in the state under this subchapter shall submit an application in accordance with §35.24 of this title (relating to Application for Emergency or Temporary Order). The application must contain the information required by that section and the following:
  (1) statements that:
    (A) the order is necessary to enable action to be taken more expeditiously than is otherwise provided by Texas Water Code, Chapter 26, to effectuate the policy and purposes of that chapter;
    (B) the discharge is unavoidable to:
      (i) prevent loss of life, serious injury, or severe property damage;
      (ii) to make necessary and unforeseen repairs to the facility; or
      (iii) to ameliorate serious drought conditions to the extent consistent with the requirements of the federal Clean Water Act for authorization of the NPDES program.
    (C) there is no feasible alternative to the proposed discharge;
    (D) the discharge will not cause significant hazard to human life and health, unreasonable damage to property of persons other than the applicant, or unreasonable economic loss to persons other than the applicant; and
    (E) the proposed discharge will not present a significant hazard to the uses that may be made of the receiving water after the discharge;
  (2) statements that there are no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass from occurring during normal periods of equipment downtime or preventive maintenance;
  (3) a statement of the volume and quality of the proposed discharge;
  (4) an explanation of measures proposed to minimize the volume and duration of the discharge;
  (5) an explanation of measures proposed to maximize the waste treatment efficiency of units not taken out of service or facilities provided for interim use; and
  (6) for temporary orders, a list of potentially affected persons in accordance with §305.48(a)(2) of this title (relating to Additional Contents for Applications for Wastewater Discharge Permits).
(b) A person desiring to obtain an order to discharge adjacent to waters in the state under this subchapter shall submit an application in accordance with §35.24 of this title. The application must contain the information required by that section and the following:
  (1) statements that:
    (A) the order is necessary to enable action to be taken more expeditiously than is otherwise provided by Texas Water Code, Chapter 26, to effectuate the policy and purposes of that chapter;
    (B) the discharge is unavoidable to:
      (i) prevent loss of life, serious injury, severe property damage, or severe economic loss;
      (ii) ameliorate serious drought conditions; or
      (iii) make necessary and unforeseen repairs to a facility;
    (C) there is no feasible alternative to the proposed discharge;
    (D) the discharge will not cause significant hazard to human life and health, unreasonable damage to property of persons other than the applicant, or unreasonable economic loss to persons other than the applicant; and
    (E) the proposed discharge will not present a significant hazard to the area of or surrounding the discharge;
  (2) a statement of the volume and quality of the proposed discharge;
  (3) an explanation of measures proposed to minimize the volume and duration of the discharge;
  (4) an explanation of measures proposed to maximize the waste treatment efficiency of units not taken out of service or facilities provided for interim use; and
  (5) for temporary orders, a list of potentially affected persons in accordance with §305.48(a)(2) of this title.

Source Note: The provisions of this §35.302 adopted to be effective December 10, 1998, 23 TexReg 12413.