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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 26.0462 to read as follows: |
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Sec. 26.0462. RESTRICTIONS ON PERMITS FOR DIRECT DISCHARGES |
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OF WASTE OR POLLUTANTS INTO WATER IN CERTAIN ZONES OF BARTON SPRINGS |
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SEGMENT OF EDWARDS AQUIFER. (a) In this section, "advanced water |
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treatment facility" means a facility that uses water and wastewater |
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treatment technology that achieves a level of effluent quality |
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that: |
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(1) achieves the primary and secondary drinking water |
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standards promulgated by the commission; |
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(2) does not contribute to adverse toxic effects on |
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aquatic life in the receiving water; |
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(3) does not contribute to adverse toxic effects on |
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human health resulting from the consumption of aquatic organisms or |
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water from, or from water recreation in, the receiving water; and |
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(4) does not alter nutrient concentrations in the |
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receiving water during non-storm conditions. |
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(b) The commission may not: |
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(1) issue a new permit authorizing the direct |
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discharge of waste or pollutants into any water in: |
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(A) the portion of the recharge zone of the |
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Barton Springs segment of the Edwards Aquifer that is under the |
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jurisdiction of the Barton Springs-Edwards Aquifer Conservation |
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District; or |
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(B) the contributing zone associated with the |
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recharge zone described by Paragraph (A); or |
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(2) amend a permit issued before September 1, 2011, to |
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authorize an increase in the amount of waste or pollutants that may |
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be directly discharged into any water described by Subdivision (1). |
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(c) This section does not affect the authority of the |
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commission to authorize: |
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(1) the direct discharge of water into the |
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contributing zone described by Subsection (b)(1)(B) from an |
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advanced water treatment facility under a Texas pollutant discharge |
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elimination system permit if all requirements for the discharge |
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permit are satisfied; or |
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(2) stormwater and certain non-stormwater discharges |
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as specified in: |
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(A) the commission's individual permits for |
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municipal separate storm sewer systems; and |
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(B) the commission's general permits for |
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stormwater and associated non-stormwater discharges from small |
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municipal separate storm sewer systems, industrial facilities, and |
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construction activities. |
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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. |