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A BILL TO BE ENTITLED
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AN ACT
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relating to a restriction on permits authorizing direct discharges |
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of waste or pollutants into water in certain areas associated with |
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the Barton Springs segment of the Edwards Aquifer. |
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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 26.0463 to read as follows: |
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Sec. 26.0463. MINIMUM REQUIREMENTS FOR POLLUTION REMOVAL |
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FOR STORMWATER ENTERING THE EDWARDS AQUIFER. (a) In this section, |
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"water treatment facility" means a facility that utilizes best |
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management practices approved by the Commission on Environmental |
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Quality in a water pollution abatement plan for the purpose of |
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filtering out and removing pollutants such as total suspended |
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solids from stormwater runoff from commercial, residential, |
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industrial or retail developments that are located within the |
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recharge zone of the Edwards Aquifer. |
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(b) The commission may not: |
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(1) approve the use or installation of a new water |
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treatment facility in a water pollution abatement plan unless the |
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water treatment facility has been shown to remove 85% or more of the |
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total suspended solids from the stormwater runoff required to be |
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treated prior to its discharge into the recharge zone of the Edwards |
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Aquifer. |
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SECTION 2. The change in law made by this Act applies only |
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to an application for a permit or permit amendment that is submitted |
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to the Texas Commission on Environmental Quality on or after the |
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effective date of this Act. An application for a permit or permit |
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amendment that was submitted to the Texas Commission on |
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Environmental Quality before the effective date of this Act is |
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governed by the law in effect at the time the application was filed, |
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and the former law is continued in effect for that purpose. |
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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, 2011. |