1-1     By:  Wentworth                                        S.B. No. 1436

 1-2           (In the Senate - Filed March 13, 1997; March 19, 1997, read

 1-3     first time and referred to Committee on Natural Resources;

 1-4     April 25, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 10, Nays 0; April 25, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1436               By:  Wentworth

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the authorization of the Texas Natural Resource

1-11     Conservation Commission to issue general permits by rule for the

1-12     discharge of waste into or adjacent to water in the state.

1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-14           SECTION 1.  Section 26.040, Water Code, is amended to read as

1-15     follows:

1-16           Sec. 26.040.  GENERAL PERMITS [CONTROL OF CERTAIN WASTE

1-17     DISCHARGES BY RULE].  (a)  The commission may issue a general

1-18     permit to authorize the discharge of waste into or adjacent to

1-19     waters in the state by category of dischargers in a particular

1-20     geographical area of the state or in the entire state if the

1-21     dischargers in the category:

1-22                 (1)  engage in the same or substantially similar types

1-23     of operations;

1-24                 (2)  discharge the same types of waste;

1-25                 (3)  are subject to the same requirements regarding

1-26     effluent limitations or operating conditions;

1-27                 (4)  are subject to the same or similar monitoring

1-28     requirements; and

1-29                 (5)  are, in the commission's opinion, more

1-30     appropriately regulated under a general permit than under

1-31     individual permits based on commission findings that:

1-32                       (A)  the general permit has been drafted to

1-33     assure that it can be readily enforced and that the commission can

1-34     adequately monitor compliance with the terms of the general permit;

1-35     and

1-36                       (B)  the category of discharges covered by the

1-37     general permit will not include a discharge of pollutants which

1-38     will cause significant adverse effects to water quality.

1-39           (b)  The commission shall publish notice of a proposed

1-40     general permit in a daily or weekly newspaper of general

1-41     circulation in the area affected by the activity that is the

1-42     subject of the proposed general permit and in the Texas Register.

1-43     The notice must include an invitation for written comments by the

1-44     public to the commission regarding the proposed general permit and

1-45     shall be published not later than the 30th day before the

1-46     commission adopts the general permit.  The commission by rule may

1-47     require additional notice to be given.

1-48           (c)  The commission may hold a public meeting to provide an

1-49     additional opportunity for public comment.  The commission shall

1-50     give notice of a public meeting under this subsection by

1-51     publication in the Texas Register not later than the 30th day

1-52     before the date of the meeting.

1-53           (d)  If the commission receives public comment relating to

1-54     issuance of a general permit, the commission may issue the general

1-55     permit only after responding in writing to the comments.  The

1-56     commission shall issue a written response to comments on the permit

1-57     at the same time the commission issues or denies the permit.  The

1-58     response is available to the public and shall be mailed to each

1-59     person who made a comment.

1-60           (e)  A discharger who is not covered by an individual permit

1-61     may obtain authorization to discharge waste under a general permit

1-62     by submitting to the commission written notice of intent to be

1-63     covered by the general permit.  A general permit shall specify the

1-64     deadline for submitting and the information required to be included

 2-1     in a notice of intent.  A discharger may begin discharging under

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

 2-3     the discharger's notice of intent unless the executive director

 2-4     before that time notifies the discharger that it is not eligible

 2-5     for authorization under the general permit.

 2-6           (f)  Authorization to discharge under a general permit does

 2-7     not confer a vested right.  After written notice to the discharger,

 2-8     the executive director may suspend a discharger's authority to

 2-9     discharge under a general permit and may require a person

2-10     discharging under a general permit to obtain authorization to

2-11     discharge under an individual permit as required by Section 26.027

2-12     or other law.

2-13           (g)  A general permit may be issued for a term not to exceed

2-14     five years.  After notice and comment as provided by Subsections

2-15     (b)-(d), a general permit may be amended, revoked, or canceled by

2-16     the commission or renewed by the commission for an additional term

2-17     or terms not to exceed five years each.  A general permit remains

2-18     in effect until amended, revoked, or canceled by the commission or,

2-19     unless renewed by the commission, until expired.

2-20           (h)  The commission may through a renewal or amendment

2-21     process for a general permit add or delete requirements or

2-22     limitations to the permit.  The commission shall provide a

2-23     reasonable time to allow a discharger covered by the general permit

2-24     to make the changes necessary to comply with the additional

2-25     requirements.

2-26           (i)  The commission may impose a reasonable and necessary fee

2-27     under Section 26.0291 on a discharger covered by a general permit.

2-28           (j)  The issuance, amendment, renewal, suspension,

2-29     revocation, or cancellation of a general permit or of authority to

2-30     discharge under a general permit is not subject to Chapter 2001,

2-31     Government Code.

2-32           (k)  The commission may adopt rules as necessary to implement

2-33     and administer this section [Whenever the commission determines

2-34     that the quality of water in an area is adversely affected or

2-35     threatened by the combined effects of several relatively

2-36     small-quantity discharges of wastes being made for which it is not

2-37     practical to issue individual permits or that the general nature of

2-38     a particular type of activity which produces a waste discharge is

2-39     such that requiring individual permits is unnecessarily burdensome

2-40     both to the waste discharger and the commission, the commission may

2-41     by rule regulate and set the requirements and conditions for the

2-42     discharges of waste].

2-43           SECTION 2.  (a)  This Act takes effect September 1, 1997.

2-44           (b)  A rule adopted by the Texas Natural Resource

2-45     Conservation Commission under Section 26.040, Water Code, as

2-46     authorized by that section before the effective date of this Act,

2-47     is not affected by the change in law made by Section 26.040, Water

2-48     Code, as amended by this Act, and remains in effect and may be

2-49     amended or modified by the commission until repealed by the

2-50     commission.  The amendment, modification, or repeal of a rule

2-51     described by this subsection is subject to Chapter 2001, Government

2-52     Code.

2-53           SECTION 3.  The importance of this legislation and the

2-54     crowded condition of the calendars in both houses create an

2-55     emergency and an imperative public necessity that the

2-56     constitutional rule requiring bills to be read on three several

2-57     days in each house be suspended, and this rule is hereby suspended.

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