By Counts H.B. No. 1283
76R4683 MI-F
A BILL TO BE ENTITLED
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 a new Subsection
1-6 (f), relettering existing Subsections (f)-(k), and amending
1-7 existing Subsection (g), relettered as Subsection (h), 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) [(g)] A general permit may be issued for a term not to
3-21 exceed five years. After notice and comment as provided by
3-22 Subsections (b)-(d), a general permit may be amended, revoked, or
3-23 canceled by the commission or renewed by the commission for an
3-24 additional term or terms not to exceed five years each. A general
3-25 permit remains in effect until amended, revoked, or canceled by the
3-26 commission or, unless renewed by the commission, until expired. If
3-27 before a general permit expires the commission proposes to renew
4-1 that general permit, that general permit remains in effect until
4-2 the date on which the commission takes final action on the proposed
4-3 renewal.
4-4 (i) [(h)] The commission may through a renewal or amendment
4-5 process for a general permit add or delete requirements or
4-6 limitations to the permit. The commission shall provide a
4-7 reasonable time to allow a discharger covered by the general permit
4-8 to make the changes necessary to comply with the additional
4-9 requirements.
4-10 (j) [(i)] The commission may impose a reasonable and
4-11 necessary fee under Section 26.0291 on a discharger covered by a
4-12 general permit.
4-13 (k) [(j)] The issuance, amendment, renewal, suspension,
4-14 revocation, or cancellation of a general permit or of authority to
4-15 discharge under a general permit is not subject to Subchapters C-F,
4-16 Chapter 2001, Government Code.
4-17 (l) [(k)] The commission may adopt rules as necessary to
4-18 implement and administer this section.
4-19 SECTION 2. This Act takes effect September 1, 1999.
4-20 SECTION 3. The importance of this legislation and the
4-21 crowded condition of the calendars in both houses create an
4-22 emergency and an imperative public necessity that the
4-23 constitutional rule requiring bills to be read on three several
4-24 days in each house be suspended, and this rule is hereby suspended.