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AN ACT
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relating to the authorization of certain reuse water system |
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contributions and discharges. |
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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 26.0271 to read as follows: |
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Sec. 26.0271. PERMITS AUTHORIZING REUSE WATER SYSTEM |
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CONTRIBUTIONS AND DISCHARGES. (a) This section applies only to |
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wastewater treatment facilities operated by an agency of a |
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home-rule municipality with a population of one million or more. |
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(b) In any permit or amendment to a permit issued under this |
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chapter, at the request of the applicant the commission may |
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authorize a wastewater treatment facility to contribute treated |
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domestic wastewater produced by the facility as reclaimed water to |
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a reuse water system if the commission has approved the use of |
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reclaimed water from the wastewater treatment facility. |
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(c) In any permit or amendment to a permit issued under this |
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chapter, at the request of the applicant the commission shall |
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authorize, subject to any required approval by the United States |
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Environmental Protection Agency, a wastewater treatment facility |
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to: |
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(1) contribute reclaimed water into a reuse water |
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system operated by the agency; and |
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(2) discharge reclaimed water contributed to a reuse |
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water system at any outfall for which a discharge from the reuse |
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water system is authorized in any permit issued for any wastewater |
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treatment facility operated by the agency. |
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(d) For an effluent limitation violation occurring at an |
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outfall permitted for reuse water system discharges by more than |
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one wastewater treatment facility, the commission shall attribute |
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the violation to the wastewater treatment facility contributing the |
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reclaimed water causing the violation. For a violation that is not |
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directly attributable to a specific wastewater treatment facility, |
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the commission shall attribute the violation to the wastewater |
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treatment facility contributing the greatest volume of reclaimed |
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water to the reuse water system on the date of the violation. |
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SECTION 2. (a) The change in law made by Section 26.0271, |
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Water Code, as added by this Act, applies only to permits or |
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amendments to permits issued on or after the effective date of this |
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Act. A permit or permit amendment that was issued before the |
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effective date of this Act is governed by the law in effect at the |
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time the permit or amendment to the permit was issued, and the |
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former law is continued in effect for that purpose. |
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(b) It is the intent of the legislature that the change in |
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law made by Section 26.0271, Water Code, as added by this Act, does |
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not in any way alter the current law related to permits, amendments |
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to permits, authorizations, and other approvals for the |
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contribution or discharge of reclaimed water, including the |
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commission's current reclaimed water rules, as applied to any |
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entity other than a wastewater treatment facility operated by an |
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agency of a home-rule municipality with a population of one million |
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or more, including a municipality with a population of less than one |
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million. |
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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, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1922 was passed by the House on April |
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22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1922 was passed by the Senate on May |
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21, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |