SRC-ARR H.B. 1283 76(R)BILL ANALYSIS


Senate Research CenterH.B. 1283
76R4683 MI-FBy: Counts (Brown)
Natural Resources
4/12/1999
Engrossed


DIGEST 

Currently, the holder of a general permit for wastewater discharge cannot
discharge more than 500,000 gallons of water into surface water in any
24-hour period. H.B. 1283 removes this cap and allows the holder of a
general permit to discharge over 500,000 gallons of wastwater in a 24-hour
period. H.B. 1283 would also provide the Texas Natural Resource
Conservation Commission discretion regarding the notice of intent
requirement.   

PURPOSE

As proposed, H.B. 1283 amends the regulation of  general permits for the
discharge of wastewater. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 26.040, Water Code, by amending Subsections (a),
(b), and (e), adding a new Subsection (f), relettering existing Subsections
(f)-(k), and amending existing Subsection (g), relettered as Subsection
(h), to authorize the Texas Natural Resource Conservation Commission
(commission) to issue a general permit to authorize the discharge of waste
into or adjacent to water in the state by category of dischargers in a
particular geographical area of the state or in the entire state if the
dischargers in the category discharge storm water or take certain other
actions. Requires the commission to designate one or more newspapers of
statewide or regional circulation and to publish notice of the proposed
statewide general permit in each designated newspaper in addition to the
Texas Register, for a statewide general permit. Authorizes a general permit
to provide that a discharger who is not covered by an individual permit may
obtain authorization to discharge waste under a general permit by
submitting to the commission written notice intent to be covered by the
general permit. Authorizes  a general permit to authorize a discharger to
begin discharging under the general permit immediately on filing a complete
and accurate notice of intent, or it may specify a date or period of time,
rather than on the 31st day, after the commission receives the discharger's
notice of intent on which the discharger may begin discharging unless the
executive director before that time notifies the discharger that it is not
eligible for the authorization under the general permit. Authorizes a
general permit to authorize a discharger to discharge without submitting a
notice of intent if the commission finds that a notice of intent
requirement would be inappropriate. Provides that the general permit
remains in effect until the date on which the commission takes final action
on the proposed renewal, if before a general permit expires the commission
proposes to renew that general permit. Makes conforming changes. 

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.