1-1     By:  Counts (Senate Sponsor - Brown)                  H.B. No. 1283
 1-2           (In the Senate - Received from the House March 24, 1999;
 1-3     March 25, 1999, read first time and referred to Committee on
 1-4     Natural Resources; April 16, 1999, reported favorably by the
 1-5     following vote:  Yeas 5, Nays 0; April 16, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to general permits for the discharge of wastewater.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Section 26.040, Water Code, is amended by
1-11     amending Subsections (a), (b), and (e), adding a new Subsection
1-12     (f), relettering existing Subsections (f)-(k), and amending
1-13     existing Subsection (g), relettered as Subsection (h),  to read as
1-14     follows:
1-15           (a)  The commission may issue a general permit to authorize
1-16     the discharge of waste into or adjacent to waters in the state by
1-17     category of dischargers in a particular geographical area of the
1-18     state or in the entire state if the dischargers in the category
1-19     discharge storm water or:
1-20                 (1)  engage in the same or substantially similar types
1-21     of operations;
1-22                 (2)  discharge the same types of waste;
1-23                 (3)  are subject to the same requirements regarding
1-24     effluent limitations or operating conditions;
1-25                 (4)  are subject to the same or similar monitoring
1-26     requirements; and
1-27                 (5)  are, in the commission's opinion, more
1-28     appropriately regulated under a general permit than under
1-29     individual permits based on commission findings that:
1-30                       (A)  the general permit has been drafted to
1-31     assure that it can be readily enforced and that the commission can
1-32     adequately monitor compliance with the terms of the general permit;
1-33     and
1-34                       (B)  the category of discharges covered by the
1-35     general permit will not include a discharge of[:]
1-36                             [(i)]  pollutants that will cause
1-37     significant adverse effects to water quality[; or]
1-38                             [(ii)  more than 500,000 gallons into
1-39     surface water during any 24-hour period].
1-40           (b)  The commission shall publish notice of a proposed
1-41     general permit in a daily or weekly newspaper of general
1-42     circulation in the area affected by the activity that is the
1-43     subject of the proposed general permit and in the Texas Register.
1-44     For a statewide general permit, the commission shall designate one
1-45     or more newspapers of  statewide or regional circulation and shall
1-46     publish notice of the proposed statewide general permit in each
1-47     designated newspaper in addition to the Texas Register.  The notice
1-48     must include an invitation for written comments by the public to
1-49     the commission regarding the proposed general permit and shall be
1-50     published not later than the 30th day before the commission adopts
1-51     the general permit.  The commission by rule may require additional
1-52     notice to be given.
1-53           (e)  A general permit may provide that a [A] discharger who
1-54     is not covered by an individual permit may obtain authorization to
1-55     discharge  waste under a general permit by submitting to the
1-56     commission written notice of intent to be covered by the general
1-57     permit.  A general permit shall specify the deadline for submitting
1-58     and the information required to be included in a notice of intent.
1-59     A general permit may authorize a discharger to [may] begin
1-60     discharging under the general permit immediately on filing a
1-61     complete and accurate notice of intent, or it may specify a date or
1-62     period of time [on the 31st day] after the commission receives the
1-63     discharger's notice of intent on which the discharger may begin
1-64     discharging unless the executive director before that time notifies
 2-1     the discharger that it is not eligible for authorization under the
 2-2     general permit.
 2-3           (f)  A general permit may authorize a discharger to discharge
 2-4     without submitting a notice of intent if the commission finds that
 2-5     a notice of intent requirement would be inappropriate.
 2-6           (g)  Authorization to discharge under a general permit does
 2-7     not confer a vested right.  After written notice to the discharger,
 2-8     the executive director may suspend a discharger's authority to
 2-9     discharge under a general permit and may require a person
2-10     discharging under a general permit to obtain authorization to
2-11     discharge under an individual permit as required by Section 26.027
2-12     or other law.
2-13           (h) [(g)]  A general permit may be issued for a term not to
2-14     exceed five years.  After notice and comment as provided by
2-15     Subsections (b)-(d), a general permit may be amended, revoked, or
2-16     canceled by the commission or renewed by the commission for an
2-17     additional term or terms not to exceed five years each.  A general
2-18     permit remains in effect until amended, revoked, or canceled by the
2-19     commission or, unless renewed by the commission, until expired.  If
2-20     before a general permit expires the commission proposes to renew
2-21     that general permit, that general permit remains in effect until
2-22     the date on which the commission takes final action on the proposed
2-23     renewal.
2-24           (i) [(h)]  The commission may through a renewal or amendment
2-25     process for a general permit add or delete requirements or
2-26     limitations to the permit.  The commission shall provide a
2-27     reasonable time to allow a discharger covered by the general permit
2-28     to make the changes necessary to comply with the additional
2-29     requirements.
2-30           (j) [(i)]  The commission may impose a reasonable and
2-31     necessary fee under Section 26.0291 on a discharger covered by a
2-32     general permit.
2-33           (k) [(j)]  The issuance, amendment, renewal, suspension,
2-34     revocation, or cancellation of a general permit or of authority to
2-35     discharge under a general permit is not subject to Subchapters C-F,
2-36     Chapter 2001, Government Code.
2-37           (l) [(k)]  The commission may adopt rules as necessary to
2-38     implement and administer this section.
2-39           SECTION 2.  This Act takes effect September 1, 1999.
2-40           SECTION 3.  The importance of this legislation and the
2-41     crowded condition of the calendars in both houses create an
2-42     emergency and an imperative public necessity that the
2-43     constitutional rule requiring bills to be read on three several
2-44     days in each house be suspended, and this rule is hereby suspended.
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