1-1 By: Lucio S.B. No. 1520
1-2 (In the Senate - Filed March 13, 1997; March 20, 1997, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 17, 1997, reported favorably by the following vote: Yeas 9,
1-5 Nays 0; April 17, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to amendment or modification of certain permits and
1-9 licenses issued by the Texas Natural Resource Conservation
1-10 Commission.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Chapter 5, Water Code, is amended by adding
1-13 Subchapter J to read as follows:
1-14 SUBCHAPTER J. AMENDMENT OR MODIFICATION
1-15 OF PERMITS OR LICENSES
1-16 Sec. 5.401. AMENDMENT OR MODIFICATION GENERALLY. (a) The
1-17 commission may amend or modify a permit or license issued by the
1-18 commission.
1-19 (b) The commission by rule shall adopt reasonable procedures
1-20 to amend or modify a permit or license.
1-21 (c) Section 5.312 applies to a decision on an application to
1-22 amend a permit.
1-23 (d) This subchapter does not apply to an amendment to which
1-24 Section 11.122 applies.
1-25 Sec. 5.402. SOLID WASTE PERMITS. (a) This section applies
1-26 to a permit issued by the commission under Chapter 361, Health and
1-27 Safety Code.
1-28 (b) The procedures prescribed by Section 361.067, Health and
1-29 Safety Code, apply to an application to amend a permit.
1-30 (c) Before amending a permit, the commission:
1-31 (1) shall give notice and hold a public meeting as
1-32 provided by Section 361.0791, Health and Safety Code;
1-33 (2) shall provide the applicant and affected persons
1-34 an opportunity for a hearing; and
1-35 (3) may hold a hearing on its own motion.
1-36 (d) Unless otherwise provided by those sections, Sections
1-37 361.084, 361.085, 361.0871, 361.0885, 361.089, and 361.137, Health
1-38 and Safety Code, apply to an application to amend a permit.
1-39 (e) Unless otherwise provided by those sections, Sections
1-40 361.0791 and 361.137, Health and Safety Code, apply to modification
1-41 of a permit.
1-42 Sec. 5.403. AIR POLLUTION PERMITS. (a) This section
1-43 applies to a permit issued under Chapter 382, Health and Safety
1-44 Code.
1-45 (b) If permits for two or more facilities are consolidated
1-46 into a single permit under Section 382.0511, Health and Safety
1-47 Code, and the consolidated permit is reopened for consideration of
1-48 an amendment relating to one facility covered by the permit, the
1-49 permit is not considered reopened with respect to another facility
1-50 covered by the permit unless Chapter 382, Health and Safety Code,
1-51 specifically authorizes or requires that the permit be reopened
1-52 with respect to that facility in order to protect the public's
1-53 health or property.
1-54 (c) Unless otherwise provided by those sections, Sections
1-55 382.0511, 382.0512, 382.0518, 382.056, 382.0591, and 382.062,
1-56 Health and Safety Code, apply to an application to amend a permit.
1-57 (d) The commission may issue a permit for the modification
1-58 of an existing facility as defined by Section 382.003, Health and
1-59 Safety Code.
1-60 (e) Unless otherwise provided by those sections, Sections
1-61 382.051, 382.0511, 382.0512, 382.0518, 382.052, 382.0541, 382.0542,
1-62 382.056, 382.0563, 382.057, 382.059, and 382.062, Health and Safety
1-63 Code, apply to the modification of an existing facility.
1-64 Sec. 5.404. WATER POLLUTION PERMITS. (a) This section
2-1 applies to a permit issued by the commission under Chapter 26.
2-2 (b) The commission on application of a permit holder may
2-3 amend a permit.
2-4 (c) An application must contain:
2-5 (1) if the applicant is an individual:
2-6 (A) the applicant's full legal name and date of
2-7 birth;
2-8 (B) the street address of the applicant's place
2-9 of residence;
2-10 (C) the identifying number from the applicant's
2-11 driver's license or personal identification certificate issued by
2-12 the state or country in which the applicant resides;
2-13 (D) the applicant's sex; and
2-14 (E) any assumed business or professional name of
2-15 the applicant filed under Chapter 36, Business & Commerce Code; and
2-16 (2) any other information reasonably required by the
2-17 commission.
2-18 (d) The commission may set for consideration an application
2-19 to amend a permit to improve the quality of waste authorized to be
2-20 discharged and act on the application at a regular meeting without
2-21 holding a public hearing if the applicant:
2-22 (1) does not seek to increase significantly the
2-23 quantity of waste authorized to be discharged; or
2-24 (2) change materially the pattern or place of
2-25 discharge.
2-26 (e) Not later than the 11th day before the date of a meeting
2-27 described by Subsection (d), the commission shall mail notice of
2-28 the application to:
2-29 (1) the mayor and health authorities for the
2-30 municipality, if any, in which the waste is or will be discharged;
2-31 and
2-32 (2) the county judge and health authorities for the
2-33 county in which the waste is or will be discharged.
2-34 (f) The officials described by Subsection (e) may present
2-35 information to the commission at a meeting described by Subsection
2-36 (d).
2-37 (g) Unless those sections provide otherwise, Sections
2-38 26.027, 26.028, 26.0281, 26.0282, 26.0283, 26.029, and 26.048 apply
2-39 to an application to amend a permit.
2-40 Sec. 5.405. RADIOACTIVE WASTE PROCESSING OR DISPOSAL
2-41 LICENSES. (a) This section applies to a license issued by the
2-42 commission under Chapter 401, Health and Safety Code.
2-43 (b) An amendment to a license may take effect immediately.
2-44 (c) The commission shall:
2-45 (1) publish notice of the proposed amendment:
2-46 (A) in the Texas Register; and
2-47 (B) in a newspaper of general circulation in the
2-48 county in which the licensed activity is located; and
2-49 (2) give notice to any person who has requested to
2-50 receive notice of the proposed amendment.
2-51 (d) Notice under Subsection (c) must include:
2-52 (1) the name of the license holder;
2-53 (2) a description of the license; and
2-54 (3) a short and plain statement of the proposed
2-55 amendment's substance.
2-56 (e) The commission shall hold a hearing on the amendment if
2-57 an affected person files a written complaint with the commission
2-58 not later than the 30th day after the date on which notice is
2-59 published under Subsection (c). The commission shall give notice
2-60 of the hearing under Section 401.114, Health and Safety Code.
2-61 (f) Sections 401.107 and 401.118, Health and Safety Code,
2-62 apply to an application to modify a license.
2-63 SECTION 2. Section 26.028, Water Code, is amended to read as
2-64 follows:
2-65 Sec. 26.028. ACTION ON APPLICATION. (a) Except as provided
2-66 in Section 5.404(d) and Subsection [Subsections] (b) [and (c)] of
2-67 this section, notice shall be given to the persons who in the
2-68 judgment of the commission may be affected by an application for a
2-69 permit, permit amendment, or renewal of a permit. For any
3-1 application involving an average daily discharge of five million
3-2 gallons or more, the notice shall be given not later than 20 days
3-3 before the date on which the commission acts on the application, to
3-4 each county judge in the county or counties located within 100
3-5 statute miles of the point of discharge who have requested in
3-6 writing that the commission give that notice and through which
3-7 water, into or adjacent to which waste or pollutants are to be
3-8 discharged under the permit, flows after the discharge. The
3-9 commission, on the motion of a commissioner, or on the request of
3-10 the executive director or any affected person, shall hold a public
3-11 hearing on the application for a permit, permit amendment, or
3-12 renewal of a permit.
3-13 (b) [An application to amend a permit to improve the quality
3-14 of waste authorized to be discharged may be set for consideration
3-15 and may be acted on by the commission at a regular meeting without
3-16 the necessity of holding a public hearing if the applicant does not
3-17 seek to increase significantly the quantity of waste authorized to
3-18 be discharged or change materially the pattern or place of
3-19 discharge. Notice of the application shall be mailed to the mayor
3-20 and health authorities for the city or town, and the county judge
3-21 and health authorities for the county, in which the waste is or
3-22 will be discharged, at least 10 days before the commission meeting,
3-23 and they may present information to the commission on the
3-24 application.]
3-25 [(c)] An application to renew a permit for a confined animal
3-26 feeding operation which was issued between July 1, 1974, and
3-27 December 31, 1977, may be set for consideration and may be acted on
3-28 by the commission at a regular meeting without the necessity of
3-29 holding a public hearing if the applicant does not seek to
3-30 discharge into or adjacent to water in the state and does not seek
3-31 to change materially the pattern or place of disposal.
3-32 (c) [(d)] For the purposes of Subsection (a), the commission
3-33 may act on the application without holding a public hearing if all
3-34 of the following conditions are met:
3-35 (1) not less than 30 days before the date of action on
3-36 the application by the commission, the applicant has published the
3-37 commission's notice of the application at least once in a newspaper
3-38 regularly published or circulated within each county where the
3-39 proposed facility or discharge is located and in each county
3-40 affected by the discharge;
3-41 (2) not less than 30 days before the date of action on
3-42 the application by the commission, the applicant has served or
3-43 mailed the commission's notice of the application to persons who in
3-44 the judgment of the commission may be affected, including the
3-45 county judges as required by Subsection (a) of this section. As
3-46 part of his application the applicant shall submit an affidavit
3-47 which lists the names and addresses of the persons who may be
3-48 affected by the application and includes the source of the list;
3-49 (3) within 30 days after the date of the newspaper
3-50 publication of the commission's notice, neither a commissioner, the
3-51 executive director, nor an affected person who objects to the
3-52 application has requested a public hearing.
3-53 SECTION 3. Subsection (e), Section 382.0511, and Section
3-54 401.116, Health and Safety Code, are repealed.
3-55 SECTION 4. This Act takes effect September 1, 1997.
3-56 SECTION 5. The importance of this legislation and the
3-57 crowded condition of the calendars in both houses create an
3-58 emergency and an imperative public necessity that the
3-59 constitutional rule requiring bills to be read on three several
3-60 days in each house be suspended, and this rule is hereby suspended.
3-61 * * * * *