By Counts                                       H.B. No. 1542

      75R4357 MI-F                           

                                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.

1-24           (b)  The commission shall publish notice of a proposed

 2-1     general permit in a daily or weekly newspaper of general

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

 2-3     subject of the proposed general permit and in the Texas Register.

 2-4     The notice must include an invitation for written comments by the

 2-5     public to the commission regarding the proposed general permit and

 2-6     shall be published not later than the 30th day before the

 2-7     commission adopts the general permit.  The commission by rule may

 2-8     require additional notice to be given.

 2-9           (c)  The commission may hold a public meeting to provide an

2-10     additional opportunity for public comment.  The commission shall

2-11     give notice of a public meeting under this subsection by

2-12     publication in the Texas Register not later than the 30th day

2-13     before the date of the meeting.

2-14           (d)  If the commission receives public comment opposing the

2-15     issuance of a general permit, the commission may issue the general

2-16     permit only after responding in writing to the comments.  The

2-17     commission shall issue written response to comments opposing the

2-18     permit at the same time the commission issues or denies the permit.

2-19     The response is available to the public and shall be mailed to each

2-20     person who made an opposing comment.

2-21           (e)  A discharger who is not covered by an individual permit

2-22     may obtain authorization to discharge waste under a general permit

2-23     by submitting to the commission written notice of intent to be

2-24     covered by the general permit.  A general permit shall specify the

2-25     deadline for submitting and the information required to be included

2-26     in a notice of intent.  A discharger may begin discharging under

2-27     the general permit on the 31st day after the commission receives

 3-1     the discharger's notice of intent unless the executive director

 3-2     before that time notifies the discharger that it is not eligible

 3-3     for authorization under the general permit.

 3-4           (f)  Authorization to discharge under a general permit does

 3-5     not confer a vested right.  After written notice to the discharger,

 3-6     the executive director may suspend a discharger's authority to

 3-7     discharge under a general permit and may require a person

 3-8     discharging under a general permit to obtain authorization to

 3-9     discharge under an individual permit as required by Section 26.027

3-10     or other law.

3-11           (g)  A general permit may be issued for a term not to exceed

3-12     five years.  After notice and comment as provided by Subsections

3-13     (b)-(d), a general permit may be amended, revoked, or canceled by

3-14     the commission or renewed by the commission for an additional term

3-15     not to exceed five years.  A general permit remains in effect until

3-16     amended, revoked, or canceled by the commission or, unless renewed

3-17     by the commission, until expired.

3-18           (h)  The commission may impose a reasonable and necessary fee

3-19     under Section 26.0291 on a discharger covered by a general permit.

3-20           (i)  The issuance, amendment, renewal, suspension,

3-21     revocation, or cancellation of a general permit or of authority to

3-22     discharge under a general permit is not subject to Chapter 2001,

3-23     Government Code.

3-24           (j)  The commission may adopt rules as necessary to implement

3-25     and administer this section [Whenever the commission determines

3-26     that the quality of water in an area is adversely affected or

3-27     threatened by the combined effects of several relatively

 4-1     small-quantity discharges of wastes being made for which it is not

 4-2     practical to issue individual permits or that the general nature of

 4-3     a particular type of activity which produces a waste discharge is

 4-4     such that requiring individual permits is unnecessarily burdensome

 4-5     both to the waste discharger and the commission, the commission may

 4-6     by rule regulate and set the requirements and conditions for the

 4-7     discharges of waste].

 4-8           SECTION 2.  (a)  This Act takes effect September 1, 1997.

 4-9           (b)  A rule adopted by the Texas Natural Resource

4-10     Conservation Commission under Section 26.040, Water Code, as

4-11     authorized by that section before the effective date of this Act,

4-12     is not affected by the change in law made by Section 26.040, Water

4-13     Code, as amended by this Act, and remains in effect and may be

4-14     amended or modified by the commission until repealed by the

4-15     commission.  The amendment, modification, or repeal of a rule

4-16     described by this subsection is subject to Chapter 2001, Government

4-17     Code.

4-18           SECTION 3.  The importance of this legislation and the

4-19     crowded condition of the calendars in both houses create an

4-20     emergency and an imperative public necessity that the

4-21     constitutional rule requiring bills to be read on three several

4-22     days in each house be suspended, and this rule is hereby suspended.