HBA-NMO, RBT H.B. 1283 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1283 By: Counts Natural Resources 7/28/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, the holder of a general permit for wastewater discharge could not discharge more than 500,000 gallons of wastewater 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 wastewater in a 24-hour period. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 26.040, Water Code, by amending Subsections (a), (b), and (e), and adding new Subsections (f) and (h), redesignating existing Subsections (f)-(k), and amending existing Subsection (g), redesignated as Subsection (i), as follows: Sec. 26.040. (a) Authorizes the Texas Natural Resource Conservation Commission (TNRCC) to issue a general permit to authorize the discharge of storm water. Deletes the provision which states that a discharge of more than 500,000 gallons into surface water in a 24-hour period is not covered by a general permit. (b) Requires TNRCC, for a statewide general permit, to designate one or more newspapers of statewide or regional circulation and requires TNRCC to publish notice of the proposed statewide general permit in each designated newspaper in addition to the Texas Register. (e) Specifies when a discharger is authorized to begin discharging under a general permit. Makes conforming and nonsubstantive changes. (f) Authorizes a discharger with a general permit to discharge without submitting a notice of intent if TNRCC finds that a notice of intent requirement would be inappropriate. (g) Redesignated from Subsection (f). (h) Requires TNRCC, after hearing, to deny or suspend a discharger's authority to discharge under a general permit if TNRCC determines that the discharger operates any facility for which the discharger's compliance history contains violations constituting a recurring pattern of egregious conduct that demonstrates a consistent disregard for the regulatory process, including failure to make a timely and substantial attempt to correct the violations. Provides that a hearing under this subsection is not subject to Chapter 2001 (Administrative Procedure), Government Code. (i) Provides that if, before the general permit expires, TNRCC proposes to renew a general permit, that general permit remains in effect until the date on which TNRCC takes final action on the proposed renewal. Redesignated from Subsection (g). (j)-(m) Redesignated from Subsections (h)-(k). SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.