2005S0533-1  03/09/05


By:  Barrientos                                                   S.B. No. 1540


A BILL TO BE ENTITLED

AN ACT

relating to the authority of the Texas Commission on Environmental 
Quality to issue a permit for land application of treated 
wastewater in certain situations.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The purpose of this Act is to authorize the Texas 
Commission on Environmental Quality to issue a water quality permit 
for a pilot project to reuse treated wastewater effluent in a manner 
that is protective of the environment and results in conservation 
of the state's water resources.
	SECTION 2.  Subchapter B, Chapter 26, Water Code, is amended 
by adding Section 26.0287 to read as follows:
	Sec. 26.0287.  PERMIT REQUIREMENTS FOR LAND APPLICATION OF 
TREATED SEWAGE OR MUNICIPAL OR RECREATIONAL WASTE.  (a)  The 
commission may issue a permit for land application of treated 
sewage, municipal waste, or recreational waste and amendments to 
that permit that allow the discharge of the treated sewage, 
municipal waste, or recreational waste into or adjacent to water in 
the state if the permit requires that:
		(1)  any treated sewage, municipal waste, or 
recreational waste have a minimum quality of:
			(A)  30-day average five-day carbonaceous 
biochemical oxygen demand of five milligrams per liter;
			(B)  30-day average total suspended solids of five 
milligrams per liter;
			(C)  30-day average ammonia-nitrogen of two 
milligrams per liter;   
			(D)  30-day average phosphorus of one milligram 
per liter; and      
			(E)  sufficient disinfection to reduce 30-day 
average fecal coliform to 20 colony forming units per 100 
milliliters or less;
		(2)  the treated sewage, municipal waste, or 
recreational waste be disposed of by land application;
		(3)  the land application area include area located on 
lots that are platted as single family residences; and
		(4)  the land application area be located within a 
priority groundwater management area designated by the commission 
but not located within a groundwater conservation district.
	(b)  The commission may not require that a person who owns 
property upon which disposal of the treated sewage, municipal 
waste, or recreational waste occurs be a permittee and shall only 
require that the owner of the treatment facilities or disposal 
system be a permittee.
	(c)  The commission may not issue a permit under this section 
unless a river authority provides potable water to the area served 
by the permit.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.