By Jackson H.B. No. 1623
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the elimination of dual permitting for wastewater
1-3 discharges.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 26.121, Water Code, (Text of section
1-6 effective until delegation of NPDES permit authority), is amended
1-7 by adding subsections (f) through (h), to read as follows:
1-8 (f) Notwithstanding anything to the contrary in this chapter
1-9 or any other chapter of this Code or the laws of this state, no
1-10 permit issued by the commission for the discharge of waste,
1-11 wastewater, sewage, municipal waste, recreational waste, or
1-12 industrial waste or pollutants, into or adjacent to water in the
1-13 state shall be required of a person who possesses a valid permit
1-14 from the United States Environmental Protection Agency issued
1-15 pursuant to the National Pollutant Discharge Elimination System
1-16 provisions of the Federal Water Pollution Control Act (33 U.S.C.A.
1-17 Sec. 1342) for the same discharge, and such permit issued by the
1-18 United States Environmental Protection Agency shall be the permit
1-19 issued by the commission for all purposes of law other than the
1-20 collection of fees, as described in subsection (h) of this section.
1-21 (g) Permits heretofore issued by the commission for a
1-22 discharge for which a permit has also been issued by the United
1-23 States Environmental Protection Agency pursuant to the National
2-1 Pollutant Discharge Elimination System shall expire and become null
2-2 and void on the effective date of this Act.
2-3 (h) The commission may collect no fee, including but not
2-4 limited to the waste treatment inspection fee provided in Sec.
2-5 26.0291 of this Code, for any permit issued by the United States
2-6 Environmental Protection Agency pursuant to the National Pollutant
2-7 Discharge Elimination System or for any permit issued by the
2-8 commission for the same discharge.
2-9 SECTION 2. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.