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 significantly the quantity of waste
2-9 authorized to be discharged; or
2-10 (B) change materially the pattern or place of
2-11 discharge;
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 (3) for NPDES permits, notice and the opportunity to
2-16 request a public meeting shall be given in compliance with NPDES
2-17 program requirements, and the commission shall consider and respond
2-18 to all timely received and significant public comment; and
2-19 (4) the commission determines that an applicant's
2-20 compliance history for the preceding five years raises no issues
2-21 regarding the applicant's ability to comply with a material term of
2-22 its permit [may be set for consideration and may be acted on by the
2-23 commission at a regular meeting without the necessity of holding a
2-24 public hearing if the applicant does not seek to increase
2-25 significantly the quantity of waste authorized to be discharged or
2-26 change materially the pattern or place of discharge].
2-27 (e) Notice of an [the] application under Subsection (d)
3-1 shall be mailed to the mayor and health authorities for the city or
3-2 town, and the county judge and health authorities for the county[,]
3-3 in which the waste is or will be discharged, at least 10 days
3-4 before the commission meeting, and they may present information to
3-5 the commission on the application.
3-6 (f) [(c)] An application to renew a permit for a confined
3-7 animal feeding operation which was issued between July 1, 1974, and
3-8 December 31, 1977, may be set for consideration and may be acted on
3-9 by the commission at a regular meeting without the necessity of
3-10 holding a public hearing if the applicant does not seek to
3-11 discharge into or adjacent to water in the state and does not seek
3-12 to change materially the pattern or place of disposal.
3-13 (g) [(d)] For the purposes of Subsection (c) [(a)], the
3-14 commission may act on the application without holding a public
3-15 hearing if all of the following conditions are met:
3-16 (1) not less than 30 days before the date of action on
3-17 the application by the commission, the applicant has published the
3-18 commission's notice of the application at least once in a newspaper
3-19 regularly published or circulated within each county where the
3-20 proposed facility or discharge is located and in each county
3-21 affected by the discharge;
3-22 (2) not less than 30 days before the date of action on
3-23 the application by the commission, the applicant has served or
3-24 mailed the commission's notice of the application to persons who in
3-25 the judgment of the commission may be affected, including the
3-26 county judges as required by Subsection (b) [(a)] of this section.
3-27 As part of his application the applicant shall submit an affidavit
4-1 which lists the names and addresses of the persons who may be
4-2 affected by the application and includes the source of the list;
4-3 (3) within 30 days after the date of the newspaper
4-4 publication of the commission's notice, neither a commissioner, the
4-5 executive director, nor an affected person who objects to the
4-6 application has requested a public hearing.
4-7 SECTION 2. This Act takes effect September 1, 1999, and
4-8 applies only to an application to renew or amend a wastewater
4-9 discharge permit under Chapter 26, Water Code, that was filed on or
4-10 after that date.
4-11 SECTION 3. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 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. 1479 was passed by the House on April
22, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1479 on May 19, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1479 was passed by the Senate, with
amendments, on May 17, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor