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A BILL TO BE ENTITLED
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AN ACT
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relating to a Texas Commission on Environmental Quality water |
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quality protection area pilot program applicable to portions of the |
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San Jacinto River; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 26, Water Code, is amended by adding |
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Subchapter N to read as follows: |
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SUBCHAPTER N. SAN JACINTO RIVER WATER QUALITY PROTECTION AREA |
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Sec. 26.601. DEFINITIONS. In this subchapter: |
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(1) "Operator" means any person engaged in or |
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responsible for the physical operation and control of a quarry. |
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(2) "Owner" means any person holding title, wholly or |
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partly, to the land on which a quarry exists or has existed. |
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(3) "Pit" means an open excavation from which sand or |
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gravel has been or is being extracted from a depth of five feet or |
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more below the adjacent and natural ground level. |
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(4) "Quarry" means the site from which sand or gravel |
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for commercial sale or use is being or has been removed or extracted |
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from the earth to form a pit, including the entire excavation, |
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stripped areas, haulage ramps, and the immediately adjacent land on |
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which a plant processing the sand or gravel is located. |
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(5) "Responsible party" means the owner, operator, |
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lessor, or lessee who is responsible for the overall function and |
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operation of a quarry. |
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(6) "San Jacinto water quality protection area" means |
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territory located one-half mile or less from: |
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(A) that portion of the East Fork of the San |
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Jacinto River from State Highway 105 downstream to Lake Houston; |
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(B) that portion of the West Fork of the San |
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Jacinto River from Interstate Highway 45 downstream to Lake |
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Houston; and |
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(C) Spring Creek from Interstate Highway 45 |
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downstream to its confluence with the West Fork of the San Jacinto |
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River. |
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(7) "Water quality protection area" means territory |
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located one-half mile or less from a river the water quality of |
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which is threatened by activities at a quarry. |
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Sec. 26.602. APPLICABILITY; PILOT PROGRAM. (a) This |
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subchapter applies only to sand and gravel quarries located in a |
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water quality protection area designated by commission rule. |
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(b) This subchapter does not apply to: |
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(1) permitting, construction, or operation of a |
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municipal solid waste landfill or other solid waste facility |
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regardless of whether the facility includes an excavation that is |
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associated with past quarrying activities; or |
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(2) an excavation, pit, or quarry associated with or |
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related to the operations of a municipal solid waste landfill or |
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other solid waste facility, regardless of the material extracted |
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from or the depth of the excavation, pit, or quarry. |
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(c) This subchapter does not apply to an activity, facility, |
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or operation regulated under Chapter 134, Natural Resources Code. |
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(d) For the period of September 1, 2007, to September 1, |
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2027, the commission shall apply this subchapter only as a pilot |
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program in the San Jacinto water quality protection area. |
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Sec. 26.603. REGULATION OF QUARRIES WITHIN WATER QUALITY |
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PROTECTION AREA. (a) The commission by rule shall require a |
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responsible party to obtain an authorization to use a general |
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permit under Section 26.040 for any discharges from a quarry any |
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part of which is located in a water quality protection area |
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designated under this subchapter. |
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(b) The commission by rule shall prohibit the construction |
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or operation of a new quarry and the expansion of an existing quarry |
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if the new or existing quarry is to be or is located 100 feet or less |
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from a stream that is in a water quality protection area designated |
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under this subchapter. |
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(c) The commission by rule shall establish performance |
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criteria and requirements for the general permit required under |
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Subsection (a) to address: |
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(1) slope gradients that minimize the potential for |
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erosion of quarry walls and banks into the surface waters and |
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related water quality considerations; |
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(2) potential effects on areas subject to frequent |
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flooding and related risks to public safety and property; |
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(3) the control of surface water drainage and water |
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accumulation to prevent: |
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(A) erosion, siltation, or runoff; and |
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(B) damage to public or private property; and |
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(4) closure of a quarry, after quarry activities have |
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ended, consistent with best management standards and practices |
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adopted by the commission for quarry stabilization and reuse, which |
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may include soil stabilization and compacting, grading, erosion |
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control measures, removal of waste, debris, and structures, and |
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revegetation. |
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(d) The commission by rule shall establish effluent |
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standards or other water quality requirements, and requirements for |
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financial responsibility, adequate to protect the water resources |
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in the water quality protection area and include those requirements |
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in the general permit required under Subsection (a). |
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(e) In addition to any other requirements established by |
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commission rule under Subsections (c) and (d), the responsible |
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party for a quarry located in a water quality protection area who is |
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required to obtain an authorization to use a general permit shall |
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include with an application filed with the commission for the |
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authorization: |
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(1) a proposed plan of action for how the responsible |
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party will restore a receiving water body to background conditions |
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in the event of an unauthorized discharge that affects the water |
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body; and |
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(2) a proposed plan of action for how the responsible |
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party will close the quarry, consistent with commission standards, |
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that includes: |
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(A) a description of the natural state of the |
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land surrounding the quarry to which state the quarry will be |
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restored, or the specific land use proposed for the quarry site; and |
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(B) a schedule within which the effort to close |
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the quarry may reasonably be required to be completed after quarry |
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activities have ended. |
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Sec. 26.604. FINANCIAL RESPONSIBILITY; VIOLATION. |
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(a) The commission by rule shall adopt requirements for |
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maintaining acceptable evidence of financial responsibility for: |
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(1) restoration of a water body affected by an |
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unauthorized discharge from a permitted quarry; |
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(2) taking corrective action for and compensating for |
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water quality effects caused by an unauthorized discharge resulting |
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from quarrying; and |
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(3) implementing an approved quarry closure and reuse |
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plan if the responsible party is unwilling or unable to meet the |
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requirements of the plan. |
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(b) A responsible party may not operate a permitted quarry |
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knowing that acceptable evidence of financial responsibility has |
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not been maintained. |
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Sec. 26.605. INSPECTIONS OF AND SAMPLING OF WATER IN PILOT |
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AREA. (a) To detect potential violations of this subchapter in |
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the San Jacinto water quality protection area, the commission, the |
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San Jacinto River Authority, and the Parks and Wildlife Department |
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shall coordinate efforts to conduct: |
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(1) visual inspections of the water quality protection |
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area; and |
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(2) analyses of surface water samples from the San |
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Jacinto River and its tributaries subject to this subchapter. |
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(b) The visual inspections and analyses of water samples |
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must be conducted at least twice annually. At least once each year, |
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an inspection of the San Jacinto water quality protection area must |
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be conducted from an aircraft flying over the area. |
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Sec. 26.606. UNAUTHORIZED DISCHARGES OF CERTAIN WASTES |
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WITHIN WATER QUALITY PROTECTION AREA; ENFORCEMENT. (a) The |
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commission shall enforce this subchapter and impose administrative |
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and civil penalties as authorized by this code for discharges from a |
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quarry in violation of this subchapter or of any commission rule. |
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(b) In addition to the administrative penalties and other |
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available remedies or causes of action, the commission may seek |
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injunctive relief in the district courts of Travis County to |
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require: |
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(1) the temporary or permanent closure of a quarry |
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operated without authorization required under this subchapter; |
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(2) the temporary or permanent closure of a permitted |
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quarry under this subchapter for which acceptable evidence of |
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financial responsibility is not maintained; |
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(3) the temporary or permanent closure of any quarry |
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responsible for an unauthorized discharge; or |
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(4) corrective action by the responsible party for a |
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quarry that is responsible for an unauthorized discharge. |
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Sec. 26.607. EMERGENCY ORDERS. The commission may issue a |
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temporary or emergency order under Section 5.509 relating to a |
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discharge of waste or pollutants from a quarry into or adjacent to |
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water in a water quality protection area designated under this |
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subchapter. |
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Sec. 26.608. RECOVERY OF COSTS FOR UNAUTHORIZED DISCHARGES |
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WITHIN WATER QUALITY PROTECTION AREA. If the commission has |
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incurred any costs in undertaking a corrective or enforcement |
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action with respect to an unauthorized discharge from a quarry |
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under this subchapter, including a reclamation or restoration |
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action, the responsible party is liable to this state for all |
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reasonable costs of the corrective or enforcement action, including |
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court costs and reasonable attorney's fees, and for any punitive |
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damages that may be assessed by the court. |
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Sec. 26.609. COOPERATION WITH OTHER STATE AGENCIES. |
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(a) The commission is the principal authority in this state on |
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matters relating to the implementation of this subchapter. All |
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other state agencies engaged in water quality or water pollution |
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control activities in a water quality protection area designated |
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under this subchapter shall coordinate those activities with the |
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commission. |
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(b) The executive director, with the consent of the |
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commission, may enter into contracts, memoranda of understanding, |
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or other agreements with other state agencies for purposes of |
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developing effluent or other water quality requirements, including |
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requirements for financial responsibility, for inclusion in any |
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general permit required by this subchapter that are adequate to |
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protect the water resources in the water quality protection area. |
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Sec. 26.610. WATER QUALITY PROTECTION AREA REPORTS. |
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(a) On or before December 1, 2008, the commission shall prepare a |
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report describing its implementation of this subchapter and provide |
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copies of the report to the governor, lieutenant governor, and |
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speaker of the house of representatives. |
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(b) Beginning December 1, 2010, and on December 1 of each |
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succeeding even-numbered year, the commission shall deliver a |
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report to the governor, lieutenant governor, and speaker of the |
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house of representatives evaluating the implementation and |
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operation of the water quality protection permitting and |
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enforcement programs developed under this subchapter. |
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(c) At the discretion of the commission, the report under |
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Subsection (b) may be consolidated with any other appropriate |
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agency biennial report, including the report required under |
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Subchapter M, except that information specific to any water quality |
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protection area designated under this subchapter must be clearly |
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identified. |
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Sec. 26.611. EXPIRATION. This subchapter expires September |
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1, 2027. |
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SECTION 2. (a) The Texas Commission on Environmental |
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Quality shall adopt rules to implement Subchapter N, Chapter 26, |
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Water Code, as added by this Act, as soon as practicable. |
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(b) A responsible party required to obtain an authorization |
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to use a general permit described by Subchapter N, Chapter 26, Water |
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Code, as added by this Act, shall submit an application for the |
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authorization on or before the 180th day after the date rules of the |
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Texas Commission on Environmental Quality adopted under that |
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subchapter take effect. |
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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. |
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