By Lucio S.B. No. 1520
75R3441 SMH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to amendment or modification of certain permits and
1-3 licenses issued by the Texas Natural Resource Conservation
1-4 Commission.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 5, Water Code, is amended by adding
1-7 Subchapter J to read as follows:
1-8 SUBCHAPTER J. AMENDMENT OR MODIFICATION
1-9 OF PERMITS OR LICENSES
1-10 Sec. 5.401. AMENDMENT OR MODIFICATION GENERALLY. (a) The
1-11 commission may amend or modify a permit or license issued by the
1-12 commission.
1-13 (b) The commission by rule shall adopt reasonable procedures
1-14 to amend or modify a permit or license.
1-15 (c) Section 5.312 applies to a decision on an application to
1-16 amend a permit.
1-17 (d) This subchapter does not apply to an amendment to which
1-18 Section 11.122 applies.
1-19 Sec. 5.402. SOLID WASTE PERMITS. (a) This section applies
1-20 to a permit issued by the commission under Chapter 361, Health and
1-21 Safety Code.
1-22 (b) The procedures prescribed by Section 361.067, Health and
1-23 Safety Code, apply to an application to amend a permit.
1-24 (c) Before amending a permit, the commission:
2-1 (1) shall give notice and hold a public meeting as
2-2 provided by Section 361.0791, Health and Safety Code;
2-3 (2) shall provide the applicant and affected persons
2-4 an opportunity for a hearing; and
2-5 (3) may hold a hearing on its own motion.
2-6 (d) Unless otherwise provided by those sections, Sections
2-7 361.084, 361.085, 361.0871, 361.0885, 361.089, and 361.137, Health
2-8 and Safety Code, apply to an application to amend a permit.
2-9 (e) Unless otherwise provided by those sections, Sections
2-10 361.0791 and 361.137, Health and Safety Code, apply to
2-11 modification of a permit.
2-12 Sec. 5.403. AIR POLLUTION PERMITS. (a) This section
2-13 applies to a permit issued under Chapter 382, Health and Safety
2-14 Code.
2-15 (b) If permits for two or more facilities are consolidated
2-16 into a single permit under Section 382.0511, Health and Safety
2-17 Code, and the consolidated permit is reopened for consideration of
2-18 an amendment relating to one facility covered by the permit, the
2-19 permit is not considered reopened with respect to another facility
2-20 covered by the permit unless Chapter 382, Health and Safety Code,
2-21 specifically authorizes or requires that the permit be reopened
2-22 with respect to that facility in order to protect the public's
2-23 health or property.
2-24 (c) Unless otherwise provided by those sections, Sections
2-25 382.0511, 382.0512, 382.0518, 382.056, 382.0591, and 382.062,
2-26 Health and Safety Code, apply to an application to amend a permit.
2-27 (d) The commission may issue a permit for the modification
3-1 of an existing facility as defined by Section 382.003, Health and
3-2 Safety Code.
3-3 (e) Unless otherwise provided by those sections, Sections
3-4 382.051, 382.0511, 382.0512, 382.0518, 382.052, 382.0541, 382.0542,
3-5 382.056, 382.0563, 382.057, 382.059, and 382.062, Health and Safety
3-6 Code, apply to the modification of an existing facility.
3-7 Sec. 5.404. WATER POLLUTION PERMITS. (a) This section
3-8 applies to a permit issued by the commission under Chapter 26.
3-9 (b) The commission on application of a permit holder may
3-10 amend a permit.
3-11 (c) An application must contain:
3-12 (1) if the applicant is an individual:
3-13 (A) the applicant's full legal name and date of
3-14 birth;
3-15 (B) the street address of the applicant's place
3-16 of residence;
3-17 (C) the identifying number from the applicant's
3-18 driver's license or personal identification certificate issued by
3-19 the state or country in which the applicant resides;
3-20 (D) the applicant's sex; and
3-21 (E) any assumed business or professional name of
3-22 the applicant filed under Chapter 36, Business & Commerce Code; and
3-23 (2) any other information reasonably required by the
3-24 commission.
3-25 (d) The commission may set for consideration an application
3-26 to amend a permit to improve the quality of waste authorized to be
3-27 discharged and act on the application at a regular meeting without
4-1 holding a public hearing if the applicant:
4-2 (1) does not seek to increase significantly the
4-3 quantity of waste authorized to be discharged; or
4-4 (2) change materially the pattern or place of
4-5 discharge.
4-6 (e) Not later than the 11th day before the date of a meeting
4-7 described by Subsection (d), the commission shall mail notice of
4-8 the application to:
4-9 (1) the mayor and health authorities for the
4-10 municipality, if any, in which the waste is or will be discharged;
4-11 and
4-12 (2) the county judge and health authorities for the
4-13 county in which the waste is or will be discharged.
4-14 (f) The officials described by Subsection (e) may present
4-15 information to the commission at a meeting described by Subsection
4-16 (d).
4-17 (g) Unless those sections provide otherwise, Sections
4-18 26.027, 26.028, 26.0281, 26.0282, 26.0283, 26.029, and 26.048 apply
4-19 to an application to amend a permit.
4-20 Sec. 5.405. RADIOACTIVE WASTE PROCESSING OR DISPOSAL
4-21 LICENSES. (a) This section applies to a license issued by the
4-22 commission under Chapter 401, Health and Safety Code.
4-23 (b) An amendment to a license may take effect immediately.
4-24 (c) The commission shall:
4-25 (1) publish notice of the proposed amendment:
4-26 (A) in the Texas Register; and
4-27 (B) in a newspaper of general circulation in the
5-1 county in which the licensed activity is located; and
5-2 (2) give notice to any person who has requested to
5-3 receive notice of the proposed amendment.
5-4 (d) Notice under Subsection (c) must include:
5-5 (1) the name of the license holder;
5-6 (2) a description of the license; and
5-7 (3) a short and plain statement of the proposed
5-8 amendment's substance.
5-9 (e) The commission shall hold a hearing on the amendment if
5-10 an affected person files a written complaint with the commission
5-11 not later than the 30th day after the date on which notice is
5-12 published under Subsection (c). The commission shall give notice
5-13 of the hearing under Section 401.114, Health and Safety Code.
5-14 (f) Sections 401.107 and 401.118, Health and Safety Code,
5-15 apply to an application to modify a license.
5-16 SECTION 2. Section 26.028, Water Code, is amended to read as
5-17 follows:
5-18 Sec. 26.028. ACTION ON APPLICATION. (a) Except as provided
5-19 in Section 5.404(d) and Subsection [Subsections] (b) [and (c)] of
5-20 this section, notice shall be given to the persons who in the
5-21 judgment of the commission may be affected by an application for a
5-22 permit, permit amendment, or renewal of a permit. For any
5-23 application involving an average daily discharge of five million
5-24 gallons or more, the notice shall be given not later than 20 days
5-25 before the date on which the commission acts on the application, to
5-26 each county judge in the county or counties located within 100
5-27 statute miles of the point of discharge who have requested in
6-1 writing that the commission give that notice and through which
6-2 water, into or adjacent to which waste or pollutants are to be
6-3 discharged under the permit, flows after the discharge. The
6-4 commission, on the motion of a commissioner, or on the request of
6-5 the executive director or any affected person, shall hold a public
6-6 hearing on the application for a permit, permit amendment, or
6-7 renewal of a permit.
6-8 (b) [An application to amend a permit to improve the quality
6-9 of waste authorized to be discharged may be set for consideration
6-10 and may be acted on by the commission at a regular meeting without
6-11 the necessity of holding a public hearing if the applicant does not
6-12 seek to increase significantly the quantity of waste authorized to
6-13 be discharged or change materially the pattern or place of
6-14 discharge. Notice of the application shall be mailed to the mayor
6-15 and health authorities for the city or town, and the county judge
6-16 and health authorities for the county, in which the waste is or
6-17 will be discharged, at least 10 days before the commission meeting,
6-18 and they may present information to the commission on the
6-19 application.]
6-20 [(c)] An application to renew a permit for a confined animal
6-21 feeding operation which was issued between July 1, 1974, and
6-22 December 31, 1977, may be set for consideration and may be acted on
6-23 by the commission at a regular meeting without the necessity of
6-24 holding a public hearing if the applicant does not seek to
6-25 discharge into or adjacent to water in the state and does not seek
6-26 to change materially the pattern or place of disposal.
6-27 (c) [(d)] For the purposes of Subsection (a), the commission
7-1 may act on the application without holding a public hearing if all
7-2 of the following conditions are met:
7-3 (1) not less than 30 days before the date of action on
7-4 the application by the commission, the applicant has published the
7-5 commission's notice of the application at least once in a newspaper
7-6 regularly published or circulated within each county where the
7-7 proposed facility or discharge is located and in each county
7-8 affected by the discharge;
7-9 (2) not less than 30 days before the date of action on
7-10 the application by the commission, the applicant has served or
7-11 mailed the commission's notice of the application to persons who in
7-12 the judgment of the commission may be affected, including the
7-13 county judges as required by Subsection (a) of this section. As
7-14 part of his application the applicant shall submit an affidavit
7-15 which lists the names and addresses of the persons who may be
7-16 affected by the application and includes the source of the list;
7-17 (3) within 30 days after the date of the newspaper
7-18 publication of the commission's notice, neither a commissioner, the
7-19 executive director, nor an affected person who objects to the
7-20 application has requested a public hearing.
7-21 SECTION 3. Sections 382.0511(e) and 401.116, Health and
7-22 Safety Code, are repealed.
7-23 SECTION 4. This Act takes effect September 1, 1997.
7-24 SECTION 5. The importance of this legislation and the
7-25 crowded condition of the calendars in both houses create an
7-26 emergency and an imperative public necessity that the
7-27 constitutional rule requiring bills to be read on three several
8-1 days in each house be suspended, and this rule is hereby suspended.