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.