By Clark                                              H.B. No. 1479
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to wastewater discharge permits.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 26.028, Water Code, is amended to read as
 1-5     follows:
 1-6           Sec. 26.028.  ACTION ON APPLICATION.  (a)  Notice of an
 1-7     application for a permit, permit amendment, or permit renewal
 1-8     [Except as provided in  Subsections (b) and (c) of this section,
 1-9     notice] shall be given to the persons who in the judgment of the
1-10     commission may be affected by the [an] application, except as
1-11     provided by this section [for a permit, permit amendment, or
1-12     renewal of a permit].
1-13           (b)  For any application involving an average daily discharge
1-14     of five million gallons or more, the notice shall be given:
1-15                 (1)  not later than 20 days before the date on which
1-16     the commission acts on the application; and
1-17                 (2)  [,] to each county judge in the county or counties
1-18     located within 100 statute miles of the point of discharge who have
1-19     requested in writing that the commission give that notice and
1-20     through which water, into or adjacent to which waste or pollutants
1-21     are to be discharged under the permit, flows after the discharge.
1-22           (c)  Except as otherwise provided by this section, the [The]
1-23     commission, on the motion of a commissioner, or on the request of
1-24     the executive director or any affected person, shall hold a public
 2-1     hearing on the application for a permit, permit amendment, or
 2-2     renewal of a permit.
 2-3           (d)  Notwithstanding any other provision of this chapter, the
 2-4     commission, at a regular meeting without the necessity of holding a
 2-5     public hearing, may approve an [(b) An] application to renew or
 2-6     amend a permit if:
 2-7                 (1)  the applicant is not applying to:
 2-8                       (A)  increase the quantity of waste authorized to
 2-9     be discharged; or
2-10                       (B)  change the pattern or place of discharge;
2-11     and
2-12                 (2)  the activities to be authorized by the renewed or
2-13     amended permit will maintain or [to] improve the quality of waste
2-14     authorized to be discharged.
2-15           (e)  For NPDES permits, notice and the opportunity to request
2-16     a public meeting shall be given in compliance with NPDES program
2-17     requirements, and the commission shall consider and respond to all
2-18     timely received and significant public comment [may be set for
2-19     consideration and may be acted on by the commission at a regular
2-20     meeting without the necessity of holding a public hearing if the
2-21     applicant does not seek to increase significantly the quantity of
2-22     waste authorized to be discharged or change materially the pattern
2-23     or place of discharge].
2-24           (f)  Notice of an [the] application under Subsection (d)
2-25     shall be mailed to the mayor and health authorities for the city or
2-26     town, and the county judge and health authorities for the county[,]
2-27     in which the waste is or will be discharged, at least 10 days
 3-1     before the commission meeting, and they may present information to
 3-2     the commission on the application.
 3-3           (g) [(c)]  An application to renew a permit for a confined
 3-4     animal feeding operation which was issued between July 1, 1974, and
 3-5     December 31, 1977, may be set for consideration and may be acted on
 3-6     by the commission at a regular meeting without the necessity of
 3-7     holding a public hearing if the applicant does not seek to
 3-8     discharge into or adjacent to water in the state and does not seek
 3-9     to change materially the pattern or place of disposal.
3-10           (h) [(d)]  For the purposes of Subsection (c) [(a)], the
3-11     commission may act on the application without holding a public
3-12     hearing if all of the following conditions are met:
3-13                 (1)  not less than 30 days before the date of action on
3-14     the application by the commission, the applicant has published the
3-15     commission's notice of the application at least once in a newspaper
3-16     regularly published or circulated within each county where the
3-17     proposed facility or discharge is located and in each county
3-18     affected by the discharge;
3-19                 (2)  not less than 30 days before the date of action on
3-20     the application by the commission, the applicant has served or
3-21     mailed the commission's notice of the application to persons who in
3-22     the judgment of the commission may be affected, including the
3-23     county judges as required by Subsection (b) [(a)]  of this section.
3-24     As part of his application the applicant shall submit an affidavit
3-25     which lists the names and addresses of the persons who may be
3-26     affected by the application and includes the source of the list;
3-27                 (3)  within 30 days after the date of the newspaper
 4-1     publication of the commission's notice, neither a commissioner, the
 4-2     executive director, nor an affected person who objects to the
 4-3     application has requested a public hearing.
 4-4           SECTION 2.  This Act takes effect September 1, 1999, and
 4-5     applies only to an application to renew or amend a wastewater
 4-6     discharge permit under Chapter 26, Water Code, that was filed on or
 4-7     after that date.
 4-8           SECTION 3.  The importance of this legislation and the
 4-9     crowded condition of the calendars in both houses create an
4-10     emergency and an imperative public necessity that the
4-11     constitutional rule requiring bills to be read on three several
4-12     days in each house be suspended, and this rule is hereby suspended.