| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the prevention of groundwater contamination by swimming |
|
|
pool and spa chemicals; providing a penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle B, Title 5, Health and Safety Code, is |
|
|
amended by adding Chapter 380 to read as follows: |
|
|
CHAPTER 380. MISCELLANEOUS SOURCES OF POLLUTION |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 380.001. DEFINITION. In this chapter, "commission" |
|
|
means the Texas Commission on Environmental Quality. |
|
|
[Sections 380.002-380.050 reserved for expansion] |
|
|
SUBCHAPTER B. POOL AND SPA CHEMICALS |
|
|
Sec. 380.051. INSPECTION REQUIRED. (a) The commission by |
|
|
rule shall require each newly constructed or substantially altered |
|
|
in-ground swimming pool or spa to pass an inspection before the pool |
|
|
or spa is first filled after construction or alteration to ensure |
|
|
that the structure and its associated plumbing and equipment are |
|
|
constructed in a manner that will prevent the contamination of |
|
|
groundwater by pool or spa chemicals. |
|
|
(b) An inspection required under Subsection (a) must be |
|
|
conducted by a county or municipal regulatory authority having |
|
|
jurisdiction over the pool or spa. |
|
|
Sec. 380.052. FEE. The regulatory authority conducting the |
|
|
inspection shall impose on the owner of an in-ground swimming pool |
|
|
or spa a fee for an inspection under this subchapter. The |
|
|
regulatory authority by order shall establish the amount of the |
|
|
fee, which may not exceed the cost of conducting the inspection. |
|
|
Sec. 380.053. POOL OR SPA WATER DISCHARGE; OFFENSE. (a) A |
|
|
person may not knowingly discharge chemically treated water from a |
|
|
swimming pool or spa in the course of draining or maintaining the |
|
|
pool or spa to a location other than into a sanitary sewer. |
|
|
(b) A person who violates Subsection (a) commits an offense. |
|
|
(c) Except as provided by Subsection (d), an offense under |
|
|
this section is a Class C misdemeanor. |
|
|
(d) An offense under this section is a Class B misdemeanor |
|
|
if it is shown on the trial of the defendant for an offense under |
|
|
this section that the defendant has previously been convicted of an |
|
|
offense under this section. |
|
|
SECTION 2. (a) The Texas Commission on Environmental |
|
|
Quality shall adopt the rules required by Subchapter B, Chapter |
|
|
380, Health and Safety Code, as added by this Act, not later than |
|
|
January 1, 2008. |
|
|
(b) The inspection requirements under Section 380.051, |
|
|
Health and Safety Code, as added by this Act, apply only to an |
|
|
in-ground pool or spa for which construction or alteration begins |
|
|
on or after March 1, 2008. |
|
|
SECTION 3. This Act takes effect September 1, 2007. |