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.
2-58 * * * * *