By Talton H.B. No. 2015
74R7388 T
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 add new
1-6 subsection (b) to read as 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) of this section, persons who are appointed to serve
1-21 on the commission for terms which expire after August 31, 2001,
1-22 must also comply with the eligibility requirements as set out in
1-23 the federal Water Pollution Control Act, 33 U.S.C. Secs.
1-24 1251-1387, as amended 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. Text of Sec.
2-5 26.0291 effective upon delegation of NPDES permit authority.
2-6 (a) An annual waste treatment inspection fee is imposed on each
2-7 permittee for each waste discharge permit held by the permittee.
2-8 The fee is to supplement any other funds available to pay expenses
2-9 of the commission in inspecting waste treatment facilities and
2-10 enforcing the laws of the state and the rules of the commission
2-11 governing waste discharge and waste treatment facilities. The fee
2-12 for each year is imposed on each permit in effect during any part
2-13 of the year.
2-14 (b) The commission by rule shall adopt a fee schedule for
2-15 determining the amount of the fee to be charged. The amount of the
2-16 fee may not exceed $15,000 for each waste discharge permit held by
2-17 a permittee. In determining the amount of a fee under this
2-18 section, the commission may consider permitting factors such as
2-19 flow volume, toxic pollutant potential, level of traditional
2-20 pollutant, and heat load. The commission may consider the
2-21 designated uses and segment ranking classification of the water
2-22 affected by discharges from the permitted facility. Finally, the
2-23 commission also may consider the expenses necessary to obtain and
2-24 administer the NPDES program. The commission shall not adopt any
2-25 rule designed to increase the fee imposed under this section on a
2-26 treatment works owned by a local government, as those terms are
2-27 defined in Sec. 26.001 of this code, before August 31, 1999.
3-1 (c) The fees collected under this section shall be deposited
3-2 in a special fund in the state treasury to be known as the water
3-3 quality fund. Money in the fund shall be used as follows:
3-4 (1) to supplement any other funds available for paying
3-5 expenses of the commission in inspecting waste treatment
3-6 facilities;
3-7 (2) to pay for the issuance and renewal of
3-8 certificates of competency under and to administer Section 26.0301
3-9 of this code;
3-10 (3) to pay for processing plans or amendments to plans
3-11 and inspecting the construction of projects under those plans
3-12 pursuant to Section 26.0461 of this code and rules of the
3-13 commission adopted under Section 26.046 and 26.0461 of this code;
3-14 and
3-15 (4) to pay for any expenses of the commission
3-16 necessary to obtain and administer the NPDES program in lieu of the
3-17 federal government.
3-18 (d) The commission may adopt rules necessary to administer
3-19 this section.
3-20 (e) A fee collected under this section is in addition to any
3-21 other fee that may be charged under this chapter.
3-22 SECTION 3. Subchapter D, Chapter 26, Water Code is amended
3-23 by adding Section 26.134 to read as follows:
3-24 Sec. 26.134. INTERVENTION; COMMENTS ON SETTLEMENTS. (a) In
3-25 a civil action instituted pursuant to section 26.123(d) or section
3-26 26.124 of this chapter alleging a violation of an NPDES permit or
3-27 the failure to obtain an NPDES permit, the attorney general may not
4-1 oppose intervention by a person who has standing to intervene, as
4-2 provided by Rule 60, Texas Rules of Civil Procedure.
4-3 (b)(1) In an action identified in subsection (a) of this
4-4 chapter or in an administrative action instituted under section
4-5 26.136 of this chapter, before the attorney general in a civil
4-6 action or the commission in an administrative action may approve an
4-7 agreed final judgment, consent order, voluntary settlement
4-8 agreement, or other voluntary agreement that would finally settle
4-9 the action against a party, the attorney general or the commission,
4-10 whichever is appropriate, shall permit the public to comment in
4-11 writing on the proposed judgment or agreement.
4-12 (2) Notices of the opportunity to comment shall be
4-13 published not later than the 30th day before the date on which the
4-14 public comment period closes. The attorney general or the
4-15 commission shall publish a notice in the Texas Register.
4-16 (3) The attorney general or the commission shall
4-17 promptly consider any written comments and may withdraw or withhold
4-18 consent to the proposed judgment, order, or agreement if the
4-19 comments disclose facts or considerations which the attorney
4-20 general or commission, as appropriate, believes indicate that the
4-21 proposed judgment, order, or agreement would be inadequate to meet,
4-22 or inconsistent with, the requirements of this chapter.
4-23 (4) No further notice of changes to the proposed
4-24 judgment, order or agreement must be published if those changes
4-25 arise from comments submitted in response to the previous notice.
4-26 (5) Subsection (b) of this section applies only to
4-27 agreed judgments, consent orders, or voluntary agreements that
5-1 would finally dispose of all the remaining issues involving a party
5-2 in the civil suit or administrative action. This section does not
5-3 require public comment on a proposed temporary restraining order,
5-4 temporary injunction, emergency order, or other emergency relief
5-5 that is not a final judgment or final order of the court or the
5-6 commission.
5-7 SECTION 4. Section 81.054, Natural Resources Code is amended
5-8 to add new subsection (b) to read as follows:
5-9 Sec. 81.054. Enforcement by Attorney General. (a) The
5-10 attorney general shall enforce the provisions of this title by
5-11 injunction or other adequate remedy and as otherwise provided by
5-12 law.
5-13 (b) If an action is instituted by the attorney general under
5-14 this section alleging a violation of an NPDES permit or the failure
5-15 to obtain an NPDES permit under Chapter 91 or Chapter 141 of the
5-16 Natural Resources Code, the attorney general may not oppose
5-17 intervention by a person who has standing to intervene, as provided
5-18 by Rule 60, Texas Rules of Civil Procedure.
5-19 SECTION 5. Section 91.003, Natural Resources Code is amended
5-20 by adding new subsection (b) to read as follows:
5-21 Sec. 91.003. Additional Enforcement Authority. (a) In
5-22 addition to other authority specifically granted to the commission
5-23 under this chapter, the commission may enforce this chapter or any
5-24 rule, order, or permit of the commission adopted under this chapter
5-25 in the manner and subject to the conditions provided in Chapters 81
5-26 and 85 of this code, including the authority to seek and obtain
5-27 civil penalties and injunctive relief as provided by those
6-1 chapters.
6-2 (b) If the enforcement authority in Section 81.054, Natural
6-3 Resources Code is used to institute a civil action alleging a
6-4 violation of an NPDES permit or the failure to obtain an NPDES
6-5 permit issued under this chapter, the attorney general may not
6-6 oppose intervention by a person who has standing to intervene, as
6-7 provided by Rule 60, Texas Rules of Civil Procedure.
6-8 SECTION 6. Section 141.101, Natural Resources Code, is
6-9 amended to add new subsection (b) to read as follows:
6-10 Sec. 141.101. General Enforcement Authority. (a) In
6-11 addition to other authority specifically granted to the commission
6-12 under this chapter, the commission may enforce this chapter or any
6-13 rule, order, or permit of the commission adopted under this chapter
6-14 in the same manner and subject to the same conditions provided by
6-15 Chapters 81 and 85 of this code, including the authority to seek
6-16 and obtain civil penalties and injunctive relief under those
6-17 chapters.
6-18 (b) If the enforcement authority in Section 81.054, Natural
6-19 Resources Code is used to institute a civil action alleging a
6-20 violation of an NPDES permit or the failure to obtain an NPDES
6-21 permit issued under this chapter, the attorney general may not
6-22 oppose intervention by a person who has standing to intervene as
6-23 provided by Rule 60, Texas Rules of Civil Procedure.
6-24 SECTION 7. The importance of this legislation and the
6-25 crowded condition of the calendars in both houses create an
6-26 emergency and an imperative public necessity that the
6-27 constitutional rule requiring bills to be read on three several
7-1 days in each house be suspended, and this rule is hereby suspended,
7-2 and that this Act take effect and be in force from and after its
7-3 passage, and it is so enacted.