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A BILL TO BE ENTITLED
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AN ACT
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relating to reporting requirements for certain accidental |
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discharges or spills. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 26.039(b) and (g), Water Code, are |
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amended to read as follows: |
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(b) Except as provided by Subsection (g), whenever an |
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accidental discharge or spill occurs at or from any activity or |
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facility which causes or may cause pollution, the individual |
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operating, in charge of, or responsible for the activity or |
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facility shall notify the commission and the county judge of the |
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county in which the spill or discharge occurred as soon as possible |
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and not later than 24 hours after the occurrence. The individual's |
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notice to the commission and county judge must include the |
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location, volume, and content of the discharge or spill. |
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(g) The individual is not required to notify the commission |
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or a county judge of an accidental discharge or spill of treated or |
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untreated domestic wastewater under Subsection (b) or officials or |
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media under Subsection (e) of a single accidental discharge or |
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spill that: |
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(1) occurs at a wastewater treatment or collection |
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facility owned or operated by a local government; |
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(2) has a volume of 1,000 gallons or less; |
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(3) is not associated with another simultaneous |
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accidental discharge or spill; |
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(4) is controlled or removed before the accidental |
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discharge or spill: |
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(A) enters water in the state; or |
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(B) adversely affects a public or private source |
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of drinking water; |
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(5) will not endanger human health or safety or the |
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environment; and |
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(6) is not otherwise subject to local regulatory |
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control and reporting requirements. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |