1-1 By: Talton (Senate Sponsor - Patterson) H.B. No. 2015
1-2 (In the Senate - Received from the House April 21, 1995;
1-3 April 24, 1995, read first time and referred to Committee on
1-4 Natural Resources; May 3, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 7, Nays 0;
1-6 May 3, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2015 By: Armbrister
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to statutory changes to obtain delegation to Texas of the
1-11 National Pollutant Discharge Elimination System.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subchapter C, Chapter 5, Water Code, is amended
1-14 by adding Section 5.053, as effective upon delegation of NPDES
1-15 permit authority, to read as follows:
1-16 Sec. 5.053. ELIGIBILITY FOR MEMBERSHIP. Text of Sec. 5.053
1-17 effective upon delegation of NPDES permit authority. (a) A person
1-18 is not eligible to serve on the commission if the person or the
1-19 person's spouse:
1-20 (1) is employed by or participates in the management
1-21 of a business entity or other organization regulated by the
1-22 commission or receiving funds from the commission;
1-23 (2) owns, controls, or has, directly or indirectly,
1-24 more than a 10 percent interest in a business entity or other
1-25 organization regulated by the commission or receiving funds from
1-26 the commission; or
1-27 (3) uses or receives a substantial amount of tangible
1-28 goods, services, or funds from the commission.
1-29 (b) In addition to the eligibility requirements in
1-30 subsection (1) of this section, persons who are appointed to serve
1-31 on the commission for terms which expire after August 31, 2001,
1-32 must comply at the time of their appointment with the eligibility
1-33 requirements established under 33 U.S.C. Sections 1251-1387, as
1-34 amended.
1-35 SECTION 2. Section 26.017, Water Code, is amended to read as
1-36 follows;
1-37 Sec. 26.017. Cooperation. The commission shall:
1-38 (1) encourage voluntary cooperation by the people,
1-39 cities, industries, associations, agricultural interests, and
1-40 representatives of other interests in preserving the greatest
1-41 possible utility of water in the state;
1-42 (2) encourage the formation and organization of
1-43 cooperative groups, associations, cities, industries, and other
1-44 water users for the purpose of providing a medium to discuss and
1-45 formulate plans for attainment of water quality control;
1-46 (3) establish policies and procedures for securing
1-47 close cooperation among state agencies that have water quality
1-48 control functions; <and>
1-49 (4) cooperate with the governments of the United
1-50 States and other states and with official or unofficial agencies
1-51 and organizations with respect to water quality control matters and
1-52 with respect to formulation of interstate water quality control
1-53 compacts or agreements, and when representation of state interests
1-54 on a basin planning agency for water quality purposes is required
1-55 under Section 3(c) of the Federal Water Pollution Control Act, as
1-56 amended, or other federal legislation having a similar purpose, the
1-57 representation shall include an officer or employee of the
1-58 commission<.>; and
1-59 (5) with respect to obtaining or administering the
1-60 NPDES program in lieu of the government of the United States, not
1-61 enter into any memorandum of agreement or other contractual
1-62 relationship with or among state agencies or with the government of
1-63 the United States which imposes any requirements upon the state
1-64 other than or more stringent than those specifically set forth in
1-65 Section 402(b) of the Federal Water Pollution Control Act, as
1-66 amended.
1-67 SECTION 3. Section 26.0291, Water Code, as effective upon
1-68 delegation of NPDES permit authority, is amended to read as
2-1 follows:
2-2 Sec. 26.0291. Waste Treatment Inspection Fee. Text of Sec.
2-3 26.0291 effective upon delegation of NPDES permit authority.
2-4 (a) An annual waste treatment inspection fee is imposed on each
2-5 permittee for each waste discharge permit held by the permittee.
2-6 The fee is to supplement any other funds available to pay expenses
2-7 of the commission in inspecting waste treatment facilities and
2-8 enforcing the laws of the state and the rules of the commission
2-9 governing waste discharge and waste treatment facilities. The fee
2-10 for each year is imposed on each permit in effect during any part
2-11 of the year.
2-12 (b) The commission by rule shall adopt a fee schedule for
2-13 determining the amount of the fee to be charged. The amount of the
2-14 fee may not exceed $25,000 <$15,000> for each waste discharge
2-15 permit held by a permittee. In determining the amount of a fee
2-16 under this section, the commission may consider permitting factors
2-17 such as flow volume, toxic pollutant potential, level of
2-18 traditional pollutant, and heat load. The commission may consider
2-19 the designated uses and segment ranking classification of the water
2-20 affected by discharges from the permitted facility. Finally, the
2-21 commission also may consider the expenses necessary to obtain and
2-22 administer the NPDES program. The commission shall not adopt any
2-23 rule designed to increase the fee imposed under this section on a
2-24 treatment works owned by a local government, as those terms are
2-25 defined in Sec. 26.001 of this code, before August 31, 1999.
2-26 (c) The fees collected under this section shall be deposited
2-27 in a special fund in the state treasury to be known as the water
2-28 quality fund. Money in the fund shall be used as follows:
2-29 (1) to supplement any other funds available for paying
2-30 expenses of the commission in inspecting waste treatment
2-31 facilities;
2-32 (2) to pay for the issuance and renewal of
2-33 certificates of competency under and to administer Section 26.0301
2-34 of this code;
2-35 (3) to pay for processing plans or amendments to plans
2-36 and inspecting the construction of projects under those plans
2-37 pursuant to Section 26.0461 of this code and rules of the
2-38 commission adopted under Section 26.046 and 26.0461 of this code;
2-39 and
2-40 (4) to pay for any expenses of the commission
2-41 necessary to obtain and administer the NPDES program in lieu of the
2-42 federal government.
2-43 (d) The commission may adopt rules necessary to administer
2-44 this section.
2-45 (3) A fee collected under this section is in addition
2-46 to any other fee that may be charged under this chapter.
2-47 SECTION 4. Subchapter D, Chapter 26, Water Code is amended
2-48 by adding Section 26.134 to read as follows:
2-49 Sec. 26.134. INTERVENTION; COMMENTS ON SETTLEMENTS. Text of
2-50 Sec. 26.134 effective upon delegation of NPDES permit authority.
2-51 (a) In a civil action instituted pursuant to section 26.123(d) or
2-52 section 26.124 of this chapter alleging a violation of an NPDES
2-53 permit or the failure to obtain an NPDES permit, the attorney
2-54 general may not oppose intervention by a person who has standing to
2-55 intervene, as provided by Rule 60, Texas Rules of Civil Procedure.
2-56 (b)(1) In an action identified in subsection (a) of this
2-57 chapter or in an administrative action instituted under section
2-58 26.136 of this chapter, before the attorney general in a civil
2-59 action or the commission in an administrative action may approve an
2-60 agreed final judgment, consent order, voluntary settlement
2-61 agreement or other voluntary agreement that would finally settle
2-62 the action against a party, the attorney general or the commission,
2-63 whichever is appropriate, shall permit the public to comment in
2-64 writing on the proposed judgment or agreement.
2-65 (2) Notices of the opportunity to comment shall be
2-66 published not later than the 30th day before the date on which the
2-67 public comment period closes. The attorney general or the
2-68 commission shall publish a notice in the Texas Register.
2-69 (3) The attorney general or the commission shall
2-70 promptly consider any written comments and may withdraw or withhold
3-1 consent to the proposed judgment, order, or agreement if the
3-2 comments disclose facts or considerations which the attorney
3-3 general or commission, as appropriate, believes indicate that the
3-4 proposed judgment, order, or agreement would be inadequate to meet,
3-5 or inconsistent with, the requirements of this chapter.
3-6 (4) No further notice of changes to the proposed
3-7 judgment, order or agreement must be published if those changes
3-8 arise from comments submitted in response to the previous notice.
3-9 (5) Subsection (b) of this section applies only to
3-10 agreed judgments, consent orders, or voluntary agreements that
3-11 would finally dispose of all the remaining issues involving a party
3-12 in the civil suit or administrative action. This section does not
3-13 require public comment on a proposed temporary restraining order,
3-14 temporary injunction, emergency order, or other emergency relief
3-15 that is not a final judgment or final order of the court or the
3-16 commission.
3-17 (6) Chapter 2001, Government Code, does not apply to
3-18 public comment under this section.
3-19 SECTION 5. Section 81.054, Natural Resources Code is amended
3-20 to add new subsection (b) to read as follows:
3-21 Sec. 81.054. Enforcement by Attorney General. (a) The
3-22 attorney general shall enforce the provision of this title by
3-23 injunction or other adequate remedy and as otherwise provided by
3-24 law.
3-25 (b) If an action is instituted by the attorney general under
3-26 this section alleging a violation of an NPDES permit or the failure
3-27 to obtain an NPDES permit under Chapter 91 or Chapter 141 of the
3-28 Natural Resources Code, the attorney general may not oppose
3-29 intervention by a person who has standing to intervene, as provided
3-30 by Rule 60, Texas Rules of Civil Procedure.
3-31 SECTION 6. Section 91.003, Natural Resources Code is amended
3-32 by adding new subsection (b) to read as follows:
3-33 Sec. 91.003. Additional Enforcement Authority. (a) In
3-34 addition to other authority specifically granted to the commission
3-35 under this chapter, the commission may enforce this chapter or any
3-36 rule, order, or permit of the commission adopted under this chapter
3-37 in the manner and subject to the conditions provided in Chapters 81
3-38 and 85 of this code including the authority to seek and obtain
3-39 civil penalties and injunctive relief as provided by those
3-40 chapters.
3-41 (b) If the enforcement authority in Section 81.054, Natural
3-42 Resources Code is used to institute a civil action alleging a
3-43 violation of an NPDES permit issued under this chapter, the
3-44 attorney general may not oppose intervention by a person who has
3-45 standing to intervene as provided by Rule 60, Texas Rules of Civil
3-46 Procedure.
3-47 SECTION 7. Section 141.101, Natural Resources Code, is
3-48 amended to add new subsection (b) to read as follows:
3-49 Sec. 141.101. General Enforcement Authority. (a) In
3-50 addition to other authority specifically granted to the commission
3-51 under this chapter, the commission may enforce this chapter or any
3-52 rule, order, or permit of the commission adopted under this chapter
3-53 in the same manner and subject to the same conditions provided by
3-54 Chapters 81 and 85 of this code, including the authority to seek
3-55 and obtain civil penalties and injunctive relief under those
3-56 chapters.
3-57 (b) If the enforcement authority in Section 81.054, Natural
3-58 Resources Code is used to institute a civil action alleging a
3-59 violation of an NPDES permit or the failure to obtain an NPDES
3-60 permit issued under this chapter, the attorney general may not
3-61 oppose intervention by a person who has standing to intervene as
3-62 provided by Rule 60, Texas Rules of Civil Procedure.
3-63 SECTION 8. The importance of this legislation and the
3-64 crowded condition of the calendars in both houses create an
3-65 emergency and an imperative public necessity that the
3-66 constitutional rule requiring bills to be read on three several
3-67 days in each house be suspended, and this rule is hereby suspended,
3-68 and that this Act take effect and be in force from and after its
3-69 passage, and it is so enacted.
3-70 * * * * *