H.B. No. 2015
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. Subchapter C, Chapter 5, Water Code, is amended
1-6 by adding Section 5.053, as effective upon delegation of NPDES
1-7 permit authority, to read as follows:
1-8 Sec. 5.053. ELIGIBILITY FOR MEMBERSHIP. (a) A person is
1-9 not eligible to serve on the commission if the person or the
1-10 person's spouse:
1-11 (1) is employed by or participates in the management
1-12 of a business entity or other organization regulated by the
1-13 commission or receiving funds from the commission;
1-14 (2) owns, controls, or has, directly or indirectly,
1-15 more than a 10 percent interest in a business entity or other
1-16 organization regulated by the commission or receiving funds from
1-17 the commission; or
1-18 (3) uses or receives a substantial amount of tangible
1-19 goods, services, or funds from the commission.
1-20 (b) In addition to the eligibility requirements in
1-21 Subsection (a) of this section, persons who are appointed to serve
1-22 on the commission for terms which expire after August 31, 2001,
1-23 must comply at the time of their appointment with the eligibility
1-24 requirements established under 33 U.S.C. Sections 1251-1387, as
2-1 amended.
2-2 SECTION 2. Section 26.017, Water Code, is amended to read as
2-3 follows:
2-4 Sec. 26.017. Cooperation. The commission shall:
2-5 (1) encourage voluntary cooperation by the people,
2-6 cities, industries, associations, agricultural interests, and
2-7 representatives of other interests in preserving the greatest
2-8 possible utility of water in the state;
2-9 (2) encourage the formation and organization of
2-10 cooperative groups, associations, cities, industries, and other
2-11 water users for the purpose of providing a medium to discuss and
2-12 formulate plans for attainment of water quality control;
2-13 (3) establish policies and procedures for securing
2-14 close cooperation among state agencies that have water quality
2-15 control functions; <and>
2-16 (4) cooperate with the governments of the United
2-17 States and other states and with official or unofficial agencies
2-18 and organizations with respect to water quality control matters and
2-19 with respect to formulation of interstate water quality control
2-20 compacts or agreements, and when representation of state interests
2-21 on a basin planning agency for water quality purposes is required
2-22 under Section 3(c) of the Federal Water Pollution Control Act, as
2-23 amended, or other federal legislation having a similar purpose, the
2-24 representation shall include an officer or employee of the
2-25 commission; and
2-26 (5) with respect to obtaining or administering the
2-27 NPDES program in lieu of the government of the United States, not
3-1 enter into any memorandum of agreement or other contractual
3-2 relationship with or among state agencies or with the government of
3-3 the United States which imposes any requirements upon the state
3-4 other than or more stringent than those specifically set forth in
3-5 Section 402(b) of the Federal Water Pollution Control Act, as
3-6 amended.
3-7 SECTION 3. Section 26.0291, Water Code, as effective upon
3-8 delegation of NPDES permit authority, is amended to read as
3-9 follows:
3-10 Sec. 26.0291. Waste Treatment Inspection Fee. (a) An
3-11 annual waste treatment inspection fee is imposed on each permittee
3-12 for each waste discharge permit held by the permittee. The fee is
3-13 to supplement any other funds available to pay expenses of the
3-14 commission in inspecting waste treatment facilities and enforcing
3-15 the laws of the state and the rules of the commission governing
3-16 waste discharge and waste treatment facilities. The fee for each
3-17 year is imposed on each permit in effect during any part of the
3-18 year.
3-19 (b) The commission by rule shall adopt a fee schedule for
3-20 determining the amount of the fee to be charged. The amount of the
3-21 fee may not exceed $25,000 <$15,000> for each waste discharge
3-22 permit held by a permittee. In determining the amount of a fee
3-23 under this section, the commission may consider permitting factors
3-24 such as flow volume, toxic pollutant potential, level of
3-25 traditional pollutant, and heat load. The commission may consider
3-26 the designated uses and segment ranking classification of the water
3-27 affected by discharges from the permitted facility. Finally, the
4-1 commission also may consider the expenses necessary to obtain and
4-2 administer the NPDES program. The commission shall not adopt any
4-3 rule designed to increase the fee imposed under this section on a
4-4 treatment works owned by a local government, as those terms are
4-5 defined in Section 26.001 of this code, before August 31, 1999.
4-6 (c) The fees collected under this section shall be deposited
4-7 in a special fund in the state treasury to be known as the water
4-8 quality fund. Money in the fund shall be used as follows:
4-9 (1) to supplement any other funds available for paying
4-10 expenses of the commission in inspecting waste treatment
4-11 facilities;
4-12 (2) to pay for the issuance and renewal of
4-13 certificates of competency under and to administer Section 26.0301
4-14 of this code;
4-15 (3) to pay for processing plans or amendments to plans
4-16 and inspecting the construction of projects under those plans
4-17 pursuant to Section 26.0461 of this code and rules of the
4-18 commission adopted under Sections 26.046 and 26.0461 of this code;
4-19 and
4-20 (4) to pay for any expenses of the commission
4-21 necessary to obtain and administer the NPDES program in lieu of the
4-22 federal government.
4-23 (d) The commission may adopt rules necessary to administer
4-24 this section.
4-25 (e) A fee collected under this section is in addition to any
4-26 other fee that may be charged under this chapter.
4-27 SECTION 4. Subchapter D, Chapter 26, Water Code, is amended
5-1 by adding Section 26.134 to read as follows:
5-2 Sec. 26.134. INTERVENTION; COMMENTS ON SETTLEMENTS. (a) In
5-3 a civil action instituted pursuant to Section 26.123(d) or Section
5-4 26.124 of this chapter alleging a violation of an NPDES permit or
5-5 the failure to obtain an NPDES permit, the attorney general may not
5-6 oppose intervention by a person who has standing to intervene, as
5-7 provided by Rule 60, Texas Rules of Civil Procedure.
5-8 (b)(1) In an action identified in Subsection (a) of this
5-9 chapter or in an administrative action instituted under Section
5-10 26.136 of this chapter, before the attorney general in a civil
5-11 action or the commission in an administrative action may approve an
5-12 agreed final judgment, consent order, voluntary settlement
5-13 agreement, or other voluntary agreement that would finally settle
5-14 the action against a party, the attorney general or the commission,
5-15 whichever is appropriate, shall permit the public to comment in
5-16 writing on the proposed judgment or agreement.
5-17 (2) Notices of the opportunity to comment shall be
5-18 published not later than the 30th day before the date on which the
5-19 public comment period closes. The attorney general or the
5-20 commission shall publish a notice in the Texas Register.
5-21 (3) The attorney general or the commission shall
5-22 promptly consider any written comments and may withdraw or withhold
5-23 consent to the proposed judgment, order, or agreement if the
5-24 comments disclose facts or considerations which the attorney
5-25 general or commission, as appropriate, believes indicate that the
5-26 proposed judgment, order, or agreement would be inadequate to meet,
5-27 or be inconsistent with, the requirements of this chapter.
6-1 (4) No further notice of changes to the proposed
6-2 judgment, order, or agreement must be published if those changes
6-3 arise from comments submitted in response to the previous notice.
6-4 (5) Subsection (b) of this section applies only to
6-5 agreed judgments, consent orders, or voluntary agreements that
6-6 would finally dispose of all the remaining issues involving a party
6-7 in the civil suit or administrative action. This section does not
6-8 require public comment on a proposed temporary restraining order,
6-9 temporary injunction, emergency order, or other emergency relief
6-10 that is not a final judgment or final order of the court or the
6-11 commission.
6-12 (6) Chapter 2001, Government Code, does not apply to
6-13 public comment under this section.
6-14 SECTION 5. Section 81.054, Natural Resources Code, is
6-15 amended to read as follows:
6-16 Sec. 81.054. Enforcement by Attorney General. (a) The
6-17 attorney general shall enforce the provision of this title by
6-18 injunction or other adequate remedy and as otherwise provided by
6-19 law.
6-20 (b) If an action is instituted by the attorney general under
6-21 this section alleging a violation of an NPDES permit or the failure
6-22 to obtain an NPDES permit under Chapter 91 or Chapter 141 of the
6-23 Natural Resources Code, the attorney general may not oppose
6-24 intervention by a person who has standing to intervene, as provided
6-25 by Rule 60, Texas Rules of Civil Procedure.
6-26 SECTION 6. Section 91.003, Natural Resources Code, is
6-27 amended to read as follows:
7-1 Sec. 91.003. Additional Enforcement Authority. (a) In
7-2 addition to other authority specifically granted to the commission
7-3 under this chapter, the commission may enforce this chapter or any
7-4 rule, order, or permit of the commission adopted under this chapter
7-5 in the manner and subject to the conditions provided in Chapters 81
7-6 and 85 of this code, including the authority to seek and obtain
7-7 civil penalties and injunctive relief as provided by those
7-8 chapters.
7-9 (b) If the enforcement authority in Section 81.054, Natural
7-10 Resources Code, is used to institute a civil action alleging a
7-11 violation of an NPDES permit issued under this chapter, the
7-12 attorney general may not oppose intervention by a person who has
7-13 standing to intervene as provided by Rule 60, Texas Rules of Civil
7-14 Procedure.
7-15 SECTION 7. Section 141.101, Natural Resources Code, is
7-16 amended to read as follows:
7-17 Sec. 141.101. General Enforcement Authority. (a) In
7-18 addition to other authority specifically granted to the commission
7-19 under this chapter, the commission may enforce this chapter or any
7-20 rule, order, or permit of the commission adopted under this chapter
7-21 in the same manner and subject to the same conditions provided by
7-22 Chapters 81 and 85 of this code, including the authority to seek
7-23 and obtain civil penalties and injunctive relief under those
7-24 chapters.
7-25 (b) If the enforcement authority in Section 81.054, Natural
7-26 Resources Code, is used to institute a civil action alleging a
7-27 violation of an NPDES permit or the failure to obtain an NPDES
8-1 permit issued under this chapter, the attorney general may not
8-2 oppose intervention by a person who has standing to intervene as
8-3 provided by Rule 60, Texas Rules of Civil Procedure.
8-4 SECTION 8. The importance of this legislation and the
8-5 crowded condition of the calendars in both houses create an
8-6 emergency and an imperative public necessity that the
8-7 constitutional rule requiring bills to be read on three several
8-8 days in each house be suspended, and this rule is hereby suspended,
8-9 and that this Act take effect and be in force from and after its
8-10 passage, and it is so enacted.