1-1                                   AN ACT
 1-2     relating to general permits for the discharge of wastewater.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 26.040, Water Code, is amended by
 1-5     amending Subsections (a), (b), and (e), adding new Subsections (f)
 1-6     and (h), relettering existing Subsections (f)-(k), and amending
 1-7     existing Subsection (g), relettered as Subsection (i),  to read as
 1-8     follows:
 1-9           (a)  The commission may issue a general permit to authorize
1-10     the discharge of waste into or adjacent to waters in the state by
1-11     category of dischargers in a particular geographical area of the
1-12     state or in the entire state if the dischargers in the category
1-13     discharge storm water or:
1-14                 (1)  engage in the same or substantially similar types
1-15     of operations;
1-16                 (2)  discharge the same types of waste;
1-17                 (3)  are subject to the same requirements regarding
1-18     effluent limitations or operating conditions;
1-19                 (4)  are subject to the same or similar monitoring
1-20     requirements; and
1-21                 (5)  are, in the commission's opinion, more
1-22     appropriately regulated under a general permit than under
1-23     individual permits based on commission findings that:
1-24                       (A)  the general permit has been drafted to
 2-1     assure that it can be readily enforced and that the commission can
 2-2     adequately monitor compliance with the terms of the general permit;
 2-3     and
 2-4                       (B)  the category of discharges covered by the
 2-5     general permit will not include a discharge of[:]
 2-6                             [(i)]  pollutants that will cause
 2-7     significant adverse effects to water quality[; or]
 2-8                             [(ii)  more than 500,000 gallons into
 2-9     surface water during any 24-hour period].
2-10           (b)  The commission shall publish notice of a proposed
2-11     general permit in a daily or weekly newspaper of general
2-12     circulation in the area affected by the activity that is the
2-13     subject of the proposed general permit and in the Texas Register.
2-14     For a statewide general permit, the commission shall designate one
2-15     or more newspapers of  statewide or regional circulation and shall
2-16     publish notice of the proposed statewide general permit in each
2-17     designated newspaper in addition to the Texas Register.  The notice
2-18     must include an invitation for written comments by the public to
2-19     the commission regarding the proposed general permit and shall be
2-20     published not later than the 30th day before the commission adopts
2-21     the general permit.  The commission by rule may require additional
2-22     notice to be given.
2-23           (e)  A general permit may provide that a [A] discharger who
2-24     is not covered by an individual permit may obtain authorization to
2-25     discharge  waste under a general permit by submitting to the
2-26     commission written notice of intent to be covered by the general
2-27     permit.  A general permit shall specify the deadline for submitting
 3-1     and the information required to be included in a notice of intent.
 3-2     A general permit may authorize a discharger to [may] begin
 3-3     discharging under the general permit immediately on filing a
 3-4     complete and accurate notice of intent, or it may specify a date or
 3-5     period of time [on the 31st day] after the commission receives the
 3-6     discharger's notice of intent on which the discharger may begin
 3-7     discharging unless the executive director before that time notifies
 3-8     the discharger that it is not eligible for authorization under the
 3-9     general permit.
3-10           (f)  A general permit may authorize a discharger to discharge
3-11     without submitting a notice of intent if the commission finds that
3-12     a notice of intent requirement would be inappropriate.
3-13           (g)  Authorization to discharge under a general permit does
3-14     not confer a vested right.  After written notice to the discharger,
3-15     the executive director may suspend a discharger's authority to
3-16     discharge under a general permit and may require a person
3-17     discharging under a general permit to obtain authorization to
3-18     discharge under an individual permit as required by Section 26.027
3-19     or other law.
3-20           (h)  Notwithstanding other provisions of this chapter, the
3-21     commission, after hearing, shall deny or suspend a discharger's
3-22     authority to discharge under a general permit if the commission
3-23     determines that the discharger operates any facility for which the
3-24     discharger's compliance history contains violations constituting a
3-25     recurring pattern of egregious conduct that demonstrates a
3-26     consistent disregard for the regulatory process, including a
3-27     failure to make a timely and substantial attempt to correct the
 4-1     violations.  A hearing under this subsection is not subject to
 4-2     Chapter 2001, Government Code.
 4-3           (i) [(g)]  A general permit may be issued for a term not to
 4-4     exceed five years.  After notice and comment as provided by
 4-5     Subsections (b)-(d), a general permit may be amended, revoked, or
 4-6     canceled by the commission or renewed by the commission for an
 4-7     additional term or terms not to exceed five years each.  A general
 4-8     permit remains in effect until amended, revoked, or canceled by the
 4-9     commission or, unless renewed by the commission, until expired.  If
4-10     before a general permit expires the commission proposes to renew
4-11     that general permit, that general permit remains in effect until
4-12     the date on which the commission takes final action on the proposed
4-13     renewal.
4-14           (j) [(h)]  The commission may through a renewal or amendment
4-15     process for a general permit add or delete requirements or
4-16     limitations to the permit.  The commission shall provide a
4-17     reasonable time to allow a discharger covered by the general permit
4-18     to make the changes necessary to comply with the additional
4-19     requirements.
4-20           (k) [(i)]  The commission may impose a reasonable and
4-21     necessary fee under Section 26.0291 on a discharger covered by a
4-22     general permit.
4-23           (l) [(j)]  The issuance, amendment, renewal, suspension,
4-24     revocation, or cancellation of a general permit or of authority to
4-25     discharge under a general permit is not subject to Subchapters C-F,
4-26     Chapter 2001, Government Code.
4-27           (m) [(k)]  The commission may adopt rules as necessary to
 5-1     implement and administer this section.
 5-2           SECTION 2.  This Act takes effect September 1, 1999.
 5-3           SECTION 3.  The importance of this legislation and the
 5-4     crowded condition of the calendars in both houses create an
 5-5     emergency and an imperative public necessity that the
 5-6     constitutional rule requiring bills to be read on three several
 5-7     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1283 was passed by the House on March
         23, 1999, by a non-record vote; that the House refused to concur in
         Senate amendments to H.B. No. 1283 on May 27, 1999, and requested
         the appointment of a conference committee to consider the
         differences between the two houses; and that the House adopted the
         conference committee report on H.B. No. 1283 on May 30, 1999, by a
         non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1283 was passed by the Senate, with
         amendments, on May 24, 1999, by a viva-voce vote; at the request of
         the House, the Senate appointed a conference committee to consider
         the differences between the two houses; and that the Senate adopted
         the conference committee report on H.B. No. 1283 on May 30, 1999,
         by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor