By Saunders H.B. No. 2760
74R7980 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to water pollution control duties of cities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 26.177, Texas Water Code is amended to
1-5 read as follows:
1-6 Sec. 26.177. Water Pollution Control Duties of Cities.
1-7 (a) <Every city in this state having a population of 5,000 or more
1-8 inhabitants shall, and> A<a>ny city of this state may establish a
1-9 water pollution control and abatement program. The city shall
1-10 employ or retain an adequate number of personnel on either a
1-11 part-time or full-time basis as the needs and circumstances of the
1-12 city may require, who by virtue of their training, licensing <or>
1-13 and experience are qualified to perform <the> reasonable water
1-14 pollution control and abatement functions required to enable the
1-15 city to carry out its duties and responsibilities under this
1-16 section.
1-17 (b) The water pollution control and abatement program of a
1-18 city shall encompass the entire city <and may include areas within
1-19 its extraterritorial jurisdiction which in the judgment of the city
1-20 should be included to enable the city to achieve the objectives of
1-21 the city for the area within its territorial jurisdiction>. The
1-22 city shall include in the program the services and functions
1-23 which<, in the judgment of the city or as may be reasonably
1-24 required by the commission,> will provide effective water pollution
2-1 control and abatement for the city, including the following
2-2 services and functions:
2-3 (1) the development and maintenance of an inventory of
2-4 all significant waste discharges into <or adjacent to> the water
2-5 within the city <and, where the city so elects, within the
2-6 extraterritorial jurisdiction of the city,> without regard to
2-7 whether or not the discharges are authorized by the commission;
2-8 (2) the regular monitoring of all significant waste
2-9 discharges included in the inventory prepared pursuant to
2-10 Subdivision (1) of this subsection;
2-11 (3) the collecting of samples and the conducting of
2-12 periodic inspections and tests of the waste discharges being
2-13 monitored by individuals who, by virtue of their training,
2-14 licensing <or> and experience, are qualified to perform such tasks
2-15 to determine whether the discharges are being conducted in
2-16 compliance with this chapter and any applicable permits, orders, or
2-17 rules of the commission, and whether they should be covered by a
2-18 permit from the commission;
2-19 (4) in cooperation with the commission, a procedure
2-20 for obtaining compliance by the waste dischargers being monitored,
2-21 including where necessary the use of legal enforcement proceedings;
2-22 (5) the formulation and implementation <development
2-23 and execution> of reasonable and realistic plans for controlling
2-24 and abating pollution <or potential pollution> resulting from
2-25 generalized discharges of waste which are not traceable to a
2-26 specific source, such as storm sewer discharges and urban runoff
2-27 from rainwater provided, however, no such plans for controlling or
3-1 abating pollution from these sources shall require actions that
3-2 would result in pollution levels or loadings which are more
3-3 stringent than those required for any municipal point source
3-4 controlled by the city and permitted by the commission; and
3-5 (6) any additional services, functions, or other
3-6 requirements as may be prescribed by commission rule.
3-7 (c) The water pollution control and abatement program
3-8 <required by> described in Subsections (a) and (b) of this section
3-9 must be submitted to the commission for review and approval. The
3-10 commission <may> shall adopt rules providing the criteria for the
3-11 establishment of those programs and the review and approval of
3-12 those programs.
3-13 (d) Any person affected by any ruling, order, decision,
3-14 ordinance, program, resolution, or other act of a city relating to
3-15 a water pollution control and abatement <outside the corporate
3-16 limits of such city> adopted pursuant to this section or any other
3-17 statutory authorization may appeal such action to the commission or
3-18 district court. An appeal must be filed with the commission within
3-19 <6> 180 days of the enactment of the ruling, order, decision,
3-20 ordinance, program, resolution, or act of the city. The issue or
3-21 issues on appeal shall relate to <is> whether the action, actions,
3-22 or program is invalid, arbitrary, unreasonable, inefficient, or
3-23 ineffective in its attempt to control water quality. If <T>the
3-24 commission or district court finds an action or program is invalid,
3-25 arbitrary, unreasonable, inefficient, or ineffective it may
3-26 overturn or modify the action or program of the city. If an appeal
3-27 is taken from a commission ruling, the commission ruling shall be
4-1 in effect for all purposes until final disposition is made by a
4-2 court of competent jurisdiction so as not to delay any pending
4-3 permit approvals.
4-4 (e) <The commission shall> A city which establishes a water
4-5 pollution control and abatement program approved by the commission
4-6 may adopt and assess reasonable and necessary fees adequate to
4-7 recover the costs of the <commission> city in administering this
4-8 section.
4-9 SECTION 2. The importance of this legislation and the
4-10 crowded condition of the calendars in both houses create an
4-11 emergency and an imperative public necessity that the
4-12 constitutional rule requiring bills to be read on three several
4-13 days in each house be suspended, and this rule is hereby suspended.