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:

 2-6                             (i)  pollutants that will cause significant

 2-7     adverse effects to water quality; or

 2-8                             (ii)  more than 500,000 gallons into

 2-9     surface water during any 24-hour period.

2-10           (b)  The commission shall publish notice of a proposed

2-11     general permit in a daily or weekly newspaper of general

2-12     circulation in the area affected by the activity that is the

2-13     subject of the proposed general permit and in the Texas Register.

2-14     The notice must include an invitation for written comments by the

2-15     public to the commission regarding the proposed general permit and

2-16     shall be published not later than the 30th day before the

2-17     commission adopts the general permit.  The commission by rule may

2-18     require additional notice to be given.

2-19           (c)  The commission may hold a public meeting to provide an

2-20     additional opportunity for public comment.  The commission shall

2-21     give notice of a public meeting under this subsection by

2-22     publication in the Texas Register not later than the 30th day

2-23     before the date of the meeting.

2-24           (d)  If the commission receives public comment relating to

2-25     issuance of a general permit, the commission may issue the general

2-26     permit only after responding in writing to the comments.  The

2-27     commission shall issue a written response to comments on the permit

 3-1     at the same time the commission issues or denies the permit.  The

 3-2     response is available to the public and shall be mailed to each

 3-3     person who made a comment.

 3-4           (e)  A discharger who is not covered by an individual permit

 3-5     may obtain authorization to discharge waste under a general permit

 3-6     by submitting to the commission written notice of intent to be

 3-7     covered by the general permit.  A general permit shall specify the

 3-8     deadline for submitting and the information required to be included

 3-9     in a notice of intent.  A discharger may begin discharging under

3-10     the general permit on the 31st day after the commission receives

3-11     the discharger's notice of intent unless the executive director

3-12     before that time notifies the discharger that it is not eligible

3-13     for authorization under the general permit.

3-14           (f)  Authorization to discharge under a general permit does

3-15     not confer a vested right.  After written notice to the discharger,

3-16     the executive director may suspend a discharger's authority to

3-17     discharge under a general permit and may require a person

3-18     discharging under a general permit to obtain authorization to

3-19     discharge under an individual permit as required by Section 26.027

3-20     or other law.

3-21           (g)  A general permit may be issued for a term not to exceed

3-22     five years.  After notice and comment as provided by Subsections

3-23     (b)-(d), a general permit may be amended, revoked, or canceled by

3-24     the commission or renewed by the commission for an additional term

3-25     or terms not to exceed five years each.  A general permit remains

3-26     in effect until amended, revoked, or canceled by the commission or,

3-27     unless renewed by the commission, until expired.

 4-1           (h)  The commission may through a renewal or amendment

 4-2     process for a general permit add or delete requirements or

 4-3     limitations to the permit.  The commission shall provide a

 4-4     reasonable time to allow a discharger covered by the general permit

 4-5     to make the changes necessary to comply with the additional

 4-6     requirements.

 4-7           (i)  The commission may impose a reasonable and necessary fee

 4-8     under Section 26.0291 on a discharger covered by a general permit.

 4-9           (j)  The issuance, amendment, renewal, suspension,

4-10     revocation, or cancellation of a general permit or of authority to

4-11     discharge under a general permit is not subject to Subchapters C-F,

4-12     Chapter 2001, Government Code.

4-13           (k)  The commission may adopt rules as necessary to implement

4-14     and administer this section [Whenever the commission determines

4-15     that the quality of water in an area is adversely affected or

4-16     threatened by the combined effects of several relatively

4-17     small-quantity discharges of wastes being made for which it is not

4-18     practical to issue individual permits or that the general nature of

4-19     a particular type of activity which produces a waste discharge is

4-20     such that requiring individual permits is unnecessarily burdensome

4-21     both to the waste discharger and the commission, the commission may

4-22     by rule regulate and set the requirements and conditions for the

4-23     discharges of waste].

4-24           SECTION 2.  (a)  This Act takes effect September 1, 1997.

4-25           (b)  A rule adopted by the Texas Natural Resource

4-26     Conservation Commission under Section 26.040, Water Code, as

4-27     authorized by that section before the effective date of this Act,

 5-1     is not affected by the change in law made by Section 26.040, Water

 5-2     Code, as amended by this Act, and remains in effect and may be

 5-3     amended or modified by the commission until repealed by the

 5-4     commission.  The amendment, modification, or repeal of a rule

 5-5     described by this subsection is subject to Chapter 2001, Government

 5-6     Code.

 5-7           SECTION 3.  The importance of this legislation and the

 5-8     crowded condition of the calendars in both houses create an

 5-9     emergency and an imperative public necessity that the

5-10     constitutional rule requiring bills to be read on three several

5-11     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 1542 was passed by the House on May

         5, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 1542 on June 1, 1997, by a non-record

         vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 1542 was passed by the Senate, with

         amendments, on May 27, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor