By Counts H.B. No. 1542
75R9939 E
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authorization of the Texas Natural Resource
1-3 Conservation Commission to issue general permits by rule for the
1-4 discharge of waste into or adjacent to water in the state.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 26.040, Water Code, is amended to read as
1-7 follows:
1-8 Sec. 26.040. GENERAL PERMITS [CONTROL OF CERTAIN WASTE
1-9 DISCHARGES BY RULE]. (a) The commission may issue a general
1-10 permit to authorize the discharge of waste into or adjacent to
1-11 waters in the state by category of dischargers in a particular
1-12 geographical area of the state or in the entire state if the
1-13 dischargers in the category:
1-14 (1) engage in the same or substantially similar types
1-15 of operations;
1-16 (2) discharge the same types of waste;
1-17 (3) are subject to the same requirements regarding
1-18 effluent limitations or operating conditions;
1-19 (4) are subject to the same or similar monitoring
1-20 requirements; and
1-21 (5) are, in the commission's opinion, more
1-22 appropriately regulated under a general permit than under
1-23 individual permits based on commission findings that:
1-24 (A) the general permit has been drafted to
2-1 assure that it can be readily enforced and that the commission can
2-2 adequately monitor compliance with the terms of the general permit;
2-3 and
2-4 (B) the category of discharges covered by the
2-5 general permit will not include a discharge of pollutants which
2-6 will cause significant adverse effects to water quality.
2-7 (b) The commission shall publish notice of a proposed
2-8 general permit in a daily or weekly newspaper of general
2-9 circulation in the area affected by the activity that is the
2-10 subject of the proposed general permit and in the Texas Register.
2-11 The notice must include an invitation for written comments by the
2-12 public to the commission regarding the proposed general permit and
2-13 shall be published not later than the 30th day before the
2-14 commission adopts the general permit. The commission by rule may
2-15 require additional notice to be given.
2-16 (c) The commission may hold a public meeting to provide an
2-17 additional opportunity for public comment. The commission shall
2-18 give notice of a public meeting under this subsection by
2-19 publication in the Texas Register not later than the 30th day
2-20 before the date of the meeting.
2-21 (d) If the commission receives public comment relating to
2-22 issuance of a general permit, the commission may issue the general
2-23 permit only after responding in writing to the comments. The
2-24 commission shall issue a written response to comments on the permit
2-25 at the same time the commission issues or denies the permit. The
2-26 response is available to the public and shall be mailed to each
2-27 person who made a comment.
3-1 (e) A discharger who is not covered by an individual permit
3-2 may obtain authorization to discharge waste under a general permit
3-3 by submitting to the commission written notice of intent to be
3-4 covered by the general permit. A general permit shall specify the
3-5 deadline for submitting and the information required to be included
3-6 in a notice of intent. A discharger may begin discharging under
3-7 the general permit on the 31st day after the commission receives
3-8 the discharger's notice of intent unless the executive director
3-9 before that time notifies the discharger that it is not eligible
3-10 for authorization under the general permit.
3-11 (f) Authorization to discharge under a general permit does
3-12 not confer a vested right. After written notice to the discharger,
3-13 the executive director may suspend a discharger's authority to
3-14 discharge under a general permit and may require a person
3-15 discharging under a general permit to obtain authorization to
3-16 discharge under an individual permit as required by Section 26.027
3-17 or other law.
3-18 (g) A general permit may be issued for a term not to exceed
3-19 five years. After notice and comment as provided by Subsections
3-20 (b)-(d), a general permit may be amended, revoked, or canceled by
3-21 the commission or renewed by the commission for an additional term
3-22 or terms not to exceed five years each. A general permit remains
3-23 in effect until amended, revoked, or canceled by the commission or,
3-24 unless renewed by the commission, until expired.
3-25 (h) The commission may through a renewal or amendment
3-26 process for a general permit add or delete requirements or
3-27 limitations to the permit. The commission shall provide a
4-1 reasonable time to allow a discharger covered by the general permit
4-2 to make the changes necessary to comply with the additional
4-3 requirements.
4-4 (i) The commission may impose a reasonable and necessary fee
4-5 under Section 26.0291 on a discharger covered by a general permit.
4-6 (j) The issuance, amendment, renewal, suspension,
4-7 revocation, or cancellation of a general permit or of authority to
4-8 discharge under a general permit is not subject to Chapter 2001,
4-9 Government Code.
4-10 (k) The commission may adopt rules as necessary to implement
4-11 and administer this section [Whenever the commission determines
4-12 that the quality of water in an area is adversely affected or
4-13 threatened by the combined effects of several relatively
4-14 small-quantity discharges of wastes being made for which it is not
4-15 practical to issue individual permits or that the general nature of
4-16 a particular type of activity which produces a waste discharge is
4-17 such that requiring individual permits is unnecessarily burdensome
4-18 both to the waste discharger and the commission, the commission may
4-19 by rule regulate and set the requirements and conditions for the
4-20 discharges of waste].
4-21 SECTION 2. (a) This Act takes effect September 1, 1997.
4-22 (b) A rule adopted by the Texas Natural Resource
4-23 Conservation Commission under Section 26.040, Water Code, as
4-24 authorized by that section before the effective date of this Act,
4-25 is not affected by the change in law made by Section 26.040, Water
4-26 Code, as amended by this Act, and remains in effect and may be
4-27 amended or modified by the commission until repealed by the
5-1 commission. The amendment, modification, or repeal of a rule
5-2 described by this subsection is subject to Chapter 2001, Government
5-3 Code.
5-4 SECTION 3. The importance of this legislation and the
5-5 crowded condition of the calendars in both houses create an
5-6 emergency and an imperative public necessity that the
5-7 constitutional rule requiring bills to be read on three several
5-8 days in each house be suspended, and this rule is hereby suspended.