1-1 AN ACT
1-2 relating to water quality permit applications for certain
1-3 facilities located near a sole-source drinking water supply.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 26.0286, Water Code, is amended to read
1-6 as follows:
1-7 Sec. 26.0286. PROCEDURES APPLICABLE TO PERMITS FOR CERTAIN
1-8 CONCENTRATED ANIMAL FEEDING OPERATIONS. (a) In this section:
1-9 (1) "Sole-source [, "sole-source] surface drinking
1-10 water supply" means a body of surface water that[:]
1-11 [(1)] is designated as a sole-source surface [public]
1-12 water supply in rules adopted by the commission under Section
1-13 26.023[; and]
1-14 [(2) is the single source of supply of a public water
1-15 supply system, exclusive of emergency water interconnections].
1-16 (2) "Protection zone" means an area so designated by
1-17 commission rule under Subsection (c).
1-18 (b) The commission shall process an application for
1-19 authorization to construct or operate a concentrated animal feeding
1-20 operation as a specific permit under Section 26.028 subject to the
1-21 procedures provided by Subchapter M, Chapter 5, if, on the date the
1-22 commission determines that the application is administratively
1-23 complete, any part of a pen, lot, pond, or other type of control or
1-24 retention facility or structure of the concentrated animal feeding
2-1 operation is located or proposed to be located within the
2-2 protection zone of a sole-source surface drinking water supply.
2-3 For the purposes of this subsection, a land application area is not
2-4 considered a control or retention facility[:]
2-5 [(1) in the watershed of a sole-source surface
2-6 drinking water supply; and]
2-7 [(2) sufficiently close, as determined by the
2-8 commission by rule, to an intake of a public water supply system in
2-9 the sole-source surface drinking water supply that contaminants
2-10 discharged from the concentrated animal feeding operation could
2-11 potentially affect the public drinking water supply].
2-12 (c) When adopting rules under Section 26.023 to set water
2-13 quality standards for water in the state, the commission shall
2-14 designate a surface water body as a sole-source drinking water
2-15 supply if that surface water body is identified as a public water
2-16 supply in rules adopted by the commission under Section 26.023 and
2-17 is the sole source of supply of a public water supply system,
2-18 exclusive of emergency water connections. At the same time, the
2-19 commission shall designate as a protection zone any area within the
2-20 watershed of a sole-source surface drinking water supply that is:
2-21 (1) within two miles of the normal pool elevation of a
2-22 body of surface water that is a sole-source surface drinking water
2-23 supply;
2-24 (2) within two miles of that part of a perennial
2-25 stream that is:
2-26 (A) a tributary of a sole-source surface
2-27 drinking water supply; and
3-1 (B) within three linear miles upstream of the
3-2 normal pool elevation of a sole-source surface drinking water
3-3 supply; or
3-4 (3) within two miles of that part of a stream that is
3-5 a sole-source surface drinking water supply, extending three linear
3-6 miles upstream from the water supply intake.
3-7 SECTION 2. Not later than the 45th day after the effective
3-8 date of this Act, the Texas Natural Resource Conservation
3-9 Commission by order shall identify surface water bodies that are
3-10 considered "sole-source drinking water supplies" for purposes of
3-11 Section 26.0286(b), Water Code, as amended by this Act, and shall
3-12 designate the protection zones for those identified water bodies.
3-13 The order expires on the date on which the commission adopts final
3-14 rules under Section 26.0286(c), Water Code, as added by this Act.
3-15 SECTION 3. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3023 was passed by the House on May
5, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3023 was passed by the Senate on May
22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor