1-1     By:  Clark (Senate Sponsor - Bivins)                  H.B. No. 1479
 1-2           (In the Senate - Received from the House April 23, 1999;
 1-3     April 26, 1999, read first time and referred to Committee on
 1-4     Natural Resources; May 7, 1999, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 5, Nays 0;
 1-6     May 7, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 1479                  By:  Bivins
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to wastewater discharge permits.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 26.028, Water Code, is amended to read as
1-13     follows:
1-14           Sec. 26.028.  ACTION ON APPLICATION.  (a)  Notice of an
1-15     application for a permit, permit amendment, or permit renewal
1-16     [Except as provided in Subsections (b) and (c) of this section,
1-17     notice] shall be given to the persons who in the judgment of the
1-18     commission may be affected by the [an] application, except as
1-19     provided by this section [for a permit, permit amendment, or
1-20     renewal of a permit].
1-21           (b)  For any application involving an average daily discharge
1-22     of five million gallons or more, the notice shall be given:
1-23                 (1)  not later than 20 days before the date on which
1-24     the commission acts on the application; and
1-25                 (2)  [,] to each county judge in the county or counties
1-26     located within 100 statute miles of the point of discharge who have
1-27     requested in writing that the commission give that notice and
1-28     through which water, into or adjacent to which waste or pollutants
1-29     are to be discharged under the permit, flows after the discharge.
1-30           (c)  Except as otherwise provided by this section, the [The]
1-31     commission, on the motion of a commissioner, or on the request of
1-32     the executive director or any affected person, shall hold a public
1-33     hearing on the application for a permit, permit amendment, or
1-34     renewal of a permit.
1-35           (d)  Notwithstanding any other provision of this chapter, the
1-36     commission, at a regular meeting without the necessity of holding a
1-37     public hearing, may approve an [(b) An] application to renew or
1-38     amend a permit if:
1-39                 (1)  the applicant is not applying to:
1-40                       (A)  increase significantly the quantity of waste
1-41     authorized to be discharged; or
1-42                       (B)  change materially the pattern or place of
1-43     discharge;
1-44                 (2)  the activities to be authorized by the renewed or
1-45     amended permit will maintain or [to] improve the quality of waste
1-46     authorized to be discharged;
1-47                 (3)  for NPDES permits, notice and the opportunity to
1-48     request a public meeting shall be given in compliance with NPDES
1-49     program requirements, and the commission shall consider and respond
1-50     to all timely received and significant public comment; and
1-51                 (4)  the commission determines that an applicant's
1-52     compliance history for the preceding five years raises no issues
1-53     regarding the applicant's ability to comply with a material term of
1-54     its permit [may be set for consideration and may be acted on by the
1-55     commission at a regular meeting without the necessity of holding a
1-56     public hearing if the applicant does not seek to increase
1-57     significantly the quantity of waste authorized to be discharged or
1-58     change materially the pattern or place of discharge].
1-59           (e)  Notice of an [the] application under Subsection (d)
1-60     shall be mailed to the mayor and health authorities for the city or
1-61     town, and the county judge and health authorities for the county[,]
1-62     in which the waste is or will be discharged, at least 10 days
1-63     before the commission meeting, and they may present information to
1-64     the commission on the application.
 2-1           (f) [(c)]  An application to renew a permit for a confined
 2-2     animal feeding operation which was issued between July 1, 1974, and
 2-3     December 31, 1977, may be set for consideration and may be acted on
 2-4     by the commission at a regular meeting without the necessity of
 2-5     holding a public hearing if the applicant does not seek to
 2-6     discharge into or adjacent to water in the state and does not seek
 2-7     to change materially the pattern or place of disposal.
 2-8           (g) [(d)]  For the purposes of Subsection (c) [(a)], the
 2-9     commission may act on the application without holding a public
2-10     hearing if all of the following conditions are met:
2-11                 (1)  not less than 30 days before the date of action on
2-12     the application by the commission, the applicant has published the
2-13     commission's notice of the application at least once in a newspaper
2-14     regularly published or circulated within each county where the
2-15     proposed facility or discharge is located and in each county
2-16     affected by the discharge;
2-17                 (2)  not less than 30 days before the date of action on
2-18     the application by the commission, the applicant has served or
2-19     mailed the commission's notice of the application to persons who in
2-20     the judgment of the commission may be affected, including the
2-21     county judges as required by Subsection (b) [(a)]  of this section.
2-22     As part of his application the applicant shall submit an affidavit
2-23     which lists the names and addresses of the persons who may be
2-24     affected by the application and includes the source of the list;
2-25                 (3)  within 30 days after the date of the newspaper
2-26     publication of the commission's notice, neither a commissioner, the
2-27     executive director, nor an affected person who objects to the
2-28     application has requested a public hearing.
2-29           SECTION 2.  This Act takes effect September 1, 1999, and
2-30     applies only to an application to renew or amend a wastewater
2-31     discharge permit under Chapter 26, Water Code, that was filed on or
2-32     after that date.
2-33           SECTION 3.  The importance of this legislation and the
2-34     crowded condition of the calendars in both houses create an
2-35     emergency and an imperative public necessity that the
2-36     constitutional rule requiring bills to be read on three several
2-37     days in each house be suspended, and this rule is hereby suspended.
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