By Talton H.B. No. 2015
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to statutory changes to obtain delegation to Texas of the
1-3 National Pollutant Discharge Elimination System.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5.053, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 5.053. Eligibility for Membership. (a) A person is
1-8 not eligible to serve on the commission if the person or the
1-9 person's spouse:
1-10 (1) is employed by or participates in the management
1-11 of a business entity or other organization regulated by the
1-12 commission or receiving funds from the commission;
1-13 (2) owns, controls, or has, directly or indirectly,
1-14 more than a 10 percent interest in a business entity or other
1-15 organization regulated by the commission or receiving funds from
1-16 the commission; or
1-17 (3) uses or receives a substantial amount of tangible
1-18 goods, services, or funds from the commission.
1-19 (b) In addition to the eligibility requirements in
1-20 Subsection (a), persons who are appointed to serve on the
1-21 commission for terms that expire after August 31, 2001, must also
1-22 comply with the eligibility requirements of the federal Water
1-23 Pollution Control Act (33 U.S.C. Sections 1251-1387), as amended
1-24 at the time of their appointment.
2-1 SECTION 2. Section 26.0291, Water Code, as effective upon
2-2 delegation of NPDES permit authority, is amended to read as
2-3 follows:
2-4 Sec. 26.0291. Waste Treatment Inspection Fee. (a) An
2-5 annual waste treatment inspection fee is imposed on each permittee
2-6 for each waste discharge permit held by the permittee. The fee is
2-7 to supplement any other funds available to pay expenses of the
2-8 commission in inspecting waste treatment facilities and enforcing
2-9 the laws of the state and the rules of the commission governing
2-10 waste discharge and waste treatment facilities. The fee for each
2-11 year is imposed on each permit in effect during any part of the
2-12 year.
2-13 (b) The commission by rule shall adopt a fee schedule for
2-14 determining the amount of the fee to be charged. The amount of the
2-15 fee may not exceed $15,000 for each waste discharge permit held by
2-16 a permittee. In determining the amount of a fee under this
2-17 section, the commission may consider permitting factors such as
2-18 flow volume, toxic pollutant potential, level of traditional
2-19 pollutants, and heat load. The commission may consider the
2-20 designated uses and segment ranking classification of the water
2-21 affected by discharges from the permitted facility. Finally, the
2-22 commission also may consider the expenses necessary to obtain and
2-23 administer the NPDES program. The commission shall not adopt any
2-24 rule designed to increase the fee imposed under this section on a
2-25 treatment works owned by a local government, as those terms are
2-26 defined in Section 26.001 of this code, before August 31, 1999.
2-27 (c) The fees collected under this section shall be deposited
3-1 in a special fund in the state treasury to be known as the water
3-2 quality fund. Money in the fund shall be used as follows:
3-3 (1) to supplement any other funds available for paying
3-4 expenses of the commission in inspecting waste treatment
3-5 facilities;
3-6 (2) to pay for the issuance and renewal of
3-7 certificates of competency under and to administer Section 26.0301
3-8 of this code;
3-9 (3) to pay for processing plans or amendments to plans
3-10 and inspecting the construction of projects under those plans
3-11 pursuant to Section 26.0461 of this code and rules of the
3-12 commission adopted under Sections 26.046 and 26.0461 of this code;
3-13 and
3-14 (4) to pay for any expenses of the commission
3-15 necessary to obtain and administer the NPDES program in lieu of the
3-16 federal government.
3-17 (d) The commission may adopt rules necessary to administer
3-18 this section.
3-19 (e) A fee collected under this section is in addition to any
3-20 other fee that may be charged under this chapter.
3-21 SECTION 3. Subchapter D, Chapter 26, Water Code is amended
3-22 by adding Section 26.134 to read as follows:
3-23 Sec. 26.134. INTERVENTION; COMMENTS ON SETTLEMENTS. (a) In
3-24 a civil action instituted pursuant to Section 26.123(d) or 26.124
3-25 of this chapter alleging a violation of an NPDES permit or the
3-26 failure to obtain an NPDES permit, the attorney general may not
3-27 oppose intervention by a person who has standing to intervene, as
4-1 provided by Rule 60, Texas Rules of Civil Procedure.
4-2 (b)(1) In an action identified in Subsection (a) or in an
4-3 administrative action instituted under Section 26.136, before the
4-4 attorney general in a civil action or the commission in an
4-5 administrative action may approve an agreed final judgment, consent
4-6 order, voluntary settlement agreement, or other voluntary agreement
4-7 that would finally settle the action against a party, the attorney
4-8 general or the commission, whichever is appropriate, shall permit
4-9 the public to comment in writing on the proposed judgment or
4-10 agreement.
4-11 (2) Notices of the opportunity to comment shall be
4-12 published not later than the 30th day before the date on which the
4-13 public comment period closes. The attorney general or the
4-14 commission shall publish a notice in the Texas Register.
4-15 (3) The attorney general or the commission shall
4-16 promptly consider any written comments and may withdraw or withhold
4-17 consent to the proposed judgment, order, or agreement if the
4-18 comments disclose facts or considerations which the attorney
4-19 general or commission, as appropriate, believes indicate that the
4-20 proposed judgment, order, or agreement would be inadequate to meet,
4-21 or inconsistent with, the requirements of this chapter.
4-22 (4) No further notice of changes to the proposed
4-23 judgment, order, or agreement must be published if those changes
4-24 arise from comments submitted in response to the previous notice.
4-25 (5) Subsection (b) of this section applies only to
4-26 agreed judgments, consent orders, or voluntary agreements that
4-27 would finally dispose of all the remaining issues involving a party
5-1 in the civil suit or administrative action. This section does not
5-2 require public comment on a proposed temporary restraining order,
5-3 temporary injunction, emergency order, or other emergency relief
5-4 that is not a final judgment or final order of the court or the
5-5 commission.
5-6 SECTION 4. Section 81.054, Natural Resources Code, is
5-7 amended to read as follows:
5-8 Sec. 81.054. Enforcement by Attorney General. (a) The
5-9 attorney general shall enforce the provisions of this title by
5-10 injunction or other adequate remedy and as otherwise provided by
5-11 law.
5-12 (b) If an action is instituted by the attorney general under
5-13 this section alleging a violation of an NPDES permit or the failure
5-14 to obtain an NPDES permit under Chapter 91 or Chapter 141, the
5-15 attorney general may not oppose intervention by a person who has
5-16 standing to intervene as provided by Rule 60, Texas Rules of Civil
5-17 Procedure.
5-18 SECTION 5. Section 91.003, Natural Resources Code is amended
5-19 to read as follows:
5-20 Sec. 91.003. Additional Enforcement Authority. (a) In
5-21 addition to other authority specifically granted to the commission
5-22 under this chapter, the commission may enforce this chapter or any
5-23 rule, order, or permit of the commission adopted under this chapter
5-24 in the manner and subject to the conditions provided in Chapters 81
5-25 and 85 of this code, including the authority to seek and obtain
5-26 civil penalties and injunctive relief as provided by those
5-27 chapters.
6-1 (b) If the enforcement authority in Section 81.054 of this
6-2 code is used to institute a civil action alleging a violation of an
6-3 NPDES permit or the failure to obtain an NPDES permit issued under
6-4 this chapter, the attorney general may not oppose intervention by a
6-5 person who has standing to intervene as provided by Rule 60, Texas
6-6 Rules of Civil Procedure.
6-7 SECTION 6. Section 141.101, Natural Resources Code, is
6-8 amended to read as follows:
6-9 Sec. 141.101. General Enforcement Authority. (a) In
6-10 addition to other authority specifically granted to the commission
6-11 under this chapter, the commission may enforce this chapter or any
6-12 rule, order, or permit of the commission adopted under this chapter
6-13 in the same manner and subject to the same conditions provided by
6-14 Chapters 81 and 85 of this code, including the authority to seek
6-15 and obtain civil penalties and injunctive relief under those
6-16 chapters.
6-17 (b) If the enforcement authority in Section 81.054 of this
6-18 code is used to institute a civil action alleging a violation of an
6-19 NPDES permit or the failure to obtain an NPDES permit issued under
6-20 this chapter, the attorney general may not oppose intervention by a
6-21 person who has standing to intervene as provided by Rule 60, Texas
6-22 Rules of Civil Procedure.
6-23 SECTION 7. The importance of this legislation and the
6-24 crowded condition of the calendars in both houses create an
6-25 emergency and an imperative public necessity that the
6-26 constitutional rule requiring bills to be read on three several
6-27 days in each house be suspended, and this rule is hereby suspended,
7-1 and that this Act take effect and be in force from and after its
7-2 passage, and it is so enacted.