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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a program for detecting and giving |
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notice of an unauthorized discharge of industrial, municipal, or |
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other waste into any water in the state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 26, Water Code, is amended |
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by adding Section 26.0425 to read as follows: |
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Sec. 26.0425. UNAUTHORIZED DISCHARGE DETECTION AND |
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NOTIFICATION PROGRAM. (a) The commission by rule shall establish a |
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program for detecting and giving notice of unauthorized discharges |
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of industrial, municipal, or other waste as provided by this |
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section. |
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(b) Under the program, the owner or operator of any source |
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of a discharge of pollutants into any water in the state that is an |
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industrial user or a publicly owned treatment works shall: |
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(1) by use of a gas chromatograph provided and |
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maintained by the owner or operator or by other means specified by |
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the commission sample any discharges from the industrial facility |
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or treatment works for purposes of detecting an unauthorized |
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discharge of industrial, municipal, or other waste; and |
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(2) promptly notify the commission by telephone, |
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facsimile, electronic mail, or other means specified by the |
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commission of any unauthorized discharge detected under |
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Subdivision (1). |
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(c) On receipt of notice under Subsection (b)(2), the |
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commission shall: |
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(1) promptly verify that an unauthorized discharge of |
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industrial, municipal, or other waste probably has occurred; and |
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(2) if the commission verifies that such an |
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unauthorized discharge probably has occurred, promptly give notice |
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by telephone, facsimile, electronic mail, or other means of the |
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unauthorized discharge to the owner or operator of each publicly |
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owned treatment works that is located downstream of the industrial |
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facility or treatment works at which the unauthorized discharge was |
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detected. |
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(d) The commission may require the owner or operator of an |
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industrial facility or publicly owned treatment works that gives |
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notice under Subsection (b)(2) of an unauthorized discharge to |
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provide to the commission samples of the contaminated water for |
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delivery by the commission to the owner or operator of any publicly |
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owned treatment works that is located downstream of the industrial |
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facility or treatment works at which the unauthorized discharge was |
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detected for use in studying the treatability of the water. |
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(e) The commission shall maintain a database of information |
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pertaining to discharges for which notice was provided under |
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Subsection (b)(2) for the purpose of analysis of those discharges. |
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(f) The commission shall provide training to the owner or |
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operator of each source of a discharge of pollutants into any water |
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in the state that is an industrial user or a publicly owned |
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treatment works in: |
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(1) maintaining and calibrating the gas chromatograph |
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or other means used by the owner or operator in detecting an |
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unauthorized discharge of industrial, municipal, or other waste; |
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and |
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(2) providing notice to the commission of unauthorized |
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discharges. |
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(g) The owner or operator of an industrial facility or |
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publicly owned treatment works must obtain the approval of the |
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commission before replacing or upgrading the gas chromatograph or |
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other means used by the owner or operator in detecting an |
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unauthorized discharge of industrial, municipal, or other waste. |
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SECTION 2. The Texas Commission on Environmental Quality |
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shall adopt rules under Section 26.0425, Water Code, as added by |
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this Act, not later than January 1, 2008. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |