81R299 SMH-D

By: Raymond H.B. No. 323

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of a program for detecting and giving notice of an unauthorized discharge of industrial, municipal, or other waste into any water in the state.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 26, Water Code, is amended by adding Section 26.0425 to read as follows:

Sec. 26.0425. UNAUTHORIZED DISCHARGE DETECTION AND NOTIFICATION PROGRAM. (a) The commission by rule shall establish a program for detecting and giving notice of unauthorized discharges of industrial, municipal, or other waste as provided by this section.

(b) Under the program, the owner or operator of any source of a discharge of pollutants into any water in the state that is an industrial user or a publicly owned treatment works shall:

(1) by use of a gas chromatograph provided and maintained by the owner or operator or by other means specified by the commission sample any discharges from the industrial facility or treatment works for purposes of detecting an unauthorized discharge of industrial, municipal, or other waste; and

(2) promptly notify the commission by telephone, facsimile, electronic mail, or other means specified by the commission of any unauthorized discharge detected under Subdivision (1).

(c) On receipt of notice under Subsection (b)(2), the commission shall:

(1) promptly verify that an unauthorized discharge of industrial, municipal, or other waste probably has occurred; and

(2) if the commission verifies that such an unauthorized discharge probably has occurred, promptly give notice by telephone, facsimile, electronic mail, or other means of the unauthorized discharge to the owner or operator of each publicly owned treatment works that is located downstream of the industrial facility or treatment works at which the unauthorized discharge was detected.

(d) The commission may require the owner or operator of an industrial facility or publicly owned treatment works that gives notice under Subsection (b)(2) of an unauthorized discharge to provide to the commission samples of the contaminated water for delivery by the commission to the owner or operator of any publicly owned treatment works that is located downstream of the industrial facility or treatment works at which the unauthorized discharge was detected for use in studying the treatability of the water.

(e) The commission shall maintain a database of information pertaining to discharges for which notice was provided under Subsection (b)(2) for the purpose of analysis of those discharges.

(f) The commission shall provide training to the owner or operator of each source of a discharge of pollutants into any water in the state that is an industrial user or a publicly owned treatment works in:

(1) maintaining and calibrating the gas chromatograph or other means used by the owner or operator in detecting an unauthorized discharge of industrial, municipal, or other waste; and

(2) providing notice to the commission of unauthorized discharges.

(g) The owner or operator of an industrial facility or publicly owned treatment works must obtain the approval of the commission before replacing or upgrading the gas chromatograph or other means used by the owner or operator in detecting an unauthorized discharge of industrial, municipal, or other waste.

SECTION 2. The Texas Commission on Environmental Quality shall adopt rules under Section 26.0425, Water Code, as added by this Act, not later than January 1, 2010.

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, 2009.