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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Sections
361.084(a), (c), and (d), Health and Safety Code, are amended to read as
follows:
(a) The commission by rule
shall establish a procedure to prepare compliance summaries relating to the
applicant's solid waste management activities [in accordance with the
method for evaluating compliance history developed by the commission under
Section 5.754, Water Code]. A compliance summary shall include as
evidence of compliance information regarding the applicant's implementation
of an environmental management system at the facility for which the
authorization is sought. In this subsection, "environmental
management system" has the meaning assigned by Section 5.127, Water
Code.
(c) Evidence of compliance
or noncompliance by an applicant for a solid waste management facility
permit with agency rules, permits, other orders, or evidence of a final
determination of noncompliance with federal statutes or statutes of any
state in the preceding five years concerning solid waste management
may be:
(1) offered by a party at a
hearing concerning the application; and
(2) admitted into evidence
subject to applicable rules of evidence.
(d) The commission shall
consider all evidence admitted, including the record of compliance [history],
in determining whether to issue, amend, extend, or renew a permit.
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SECTION 1. Sections 361.084(a),
(c), and (d), Health and Safety Code, are amended to read as follows:
(a) The commission by rule
shall establish a procedure to prepare compliance summaries relating to the
applicant's solid waste management activities [in accordance with the
method for evaluating compliance history developed by the commission under
Section 5.754, Water Code]. A compliance summary shall include as
evidence of compliance information regarding the applicant's implementation
of an environmental management system at the facility for which the
authorization is sought. In this subsection, "environmental
management system" has the meaning assigned by Section 5.127, Water
Code.
(c) Evidence of compliance
or noncompliance by an applicant for a solid waste management facility
permit with agency rules, permits, other orders, or evidence of a final
determination of noncompliance with federal statutes or statutes of any
state in the preceding five years concerning solid waste management
may be:
(1) offered by a party at a
hearing concerning the application; and
(2) admitted into evidence
subject to applicable rules of evidence.
(d) The commission shall
consider all evidence admitted, including the record of compliance for the preceding five years [history],
in determining whether to issue, amend, extend, or renew a permit.
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SECTION 2. Section
361.088(f), Health and Safety Code, is amended.
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SECTION 2. Same as introduced
version.
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SECTION 3. Sections
361.089(a), (e), and (f), Health and Safety Code, are amended to read as
follows:
(a) The commission may, for
good cause, deny or amend a permit it issues or has authority to issue for
reasons pertaining to public health, air or water pollution, or land use,
or for a violation of this chapter or
other applicable laws or rules controlling the management of solid waste [having a compliance history that
is classified as unsatisfactory according to commission standards under
Sections 5.753 and 5.754, Water Code, and rules adopted and procedures
developed under those sections].
(e) The commission may deny
an original or renewal permit if it is found, after notice and hearing,
that:
(1) the applicant or permit
holder has a record of environmental
violations in the preceding five years at the permitted site;
(2) the applicant has a record of environmental violations in the
preceding five years at any site owned, operated, or controlled by the
applicant [compliance
history that is classified as unsatisfactory according to commission
standards under Sections 5.753 and 5.754, Water Code, and rules adopted and
procedures developed under those sections];
(3) [(2)] the
permit holder or applicant made a false or misleading statement in
connection with an original or renewal application, either in the formal
application or in any other written instrument relating to the application
submitted to the commission, its officers, or its employees;
(4) [(3)] the
permit holder or applicant is indebted to the state for fees, payment of
penalties, or taxes imposed by this title or by a rule of the commission;
or
(5) [(4)] the
permit holder or applicant is unable to ensure that the management of the
hazardous waste management facility conforms or will conform to this title
and the rules of the commission.
(f) Before denying a permit
under this section, the commission must find:
(1) that a violation or violations are significant and that
the permit holder or applicant has not made a substantial attempt to
correct the violations [the
applicant or permit holder has a compliance history that is
classified as unsatisfactory according to commission standards under
Sections 5.753 and 5.754, Water Code, and rules adopted and procedures
developed under those sections]; or
(2) that the permit holder
or applicant is indebted to the state for fees, payment of penalties, or
taxes imposed by this title or by a rule of the commission.
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SECTION 3. Sections
361.089(a), (e), and (f), Health and Safety Code, are amended to read as
follows:
(a) The commission may, for
good cause, deny or amend a permit it issues or has authority to issue for
reasons pertaining to public health, air or water pollution, or land use,
or for having a record of compliance for
the preceding five years that contains violations that constitute a
recurring pattern of egregious conduct that demonstrates a consistent
disregard for the regulatory process, including the failure to make a
timely and substantial attempt to correct the violations [history
that is classified as unsatisfactory according to commission standards
under Sections 5.753 and 5.754, Water Code, and rules adopted and
procedures developed under those sections].
(e) The commission may deny
an original or renewal permit if it is found, after notice and hearing,
that:
(1) the applicant or permit
holder has a record of compliance for
the preceding five years at the permitted site that contains violations that constitute a recurring pattern of
egregious conduct that demonstrates a consistent disregard for the
regulatory process, including the failure to make a timely and substantial
attempt to correct the violations [history that is classified
as unsatisfactory according to commission standards under Sections 5.753
and 5.754, Water Code, and rules adopted and procedures developed under
those sections];
(2) the permit holder or
applicant made a false or misleading statement in connection with an
original or renewal application, either in the formal application or in any
other written instrument relating to the application submitted to the
commission, its officers, or its employees;
(3) the permit holder or
applicant is indebted to the state for fees, payment of penalties, or taxes
imposed by this title or by a rule of the commission; or
(4) the permit holder or
applicant is unable to ensure that the management of the hazardous waste
management facility conforms or will conform to this title and the rules of
the commission.
(f) Before denying a permit
under this section, the commission must find:
(1) that the applicant or permit holder has a record of
compliance for the preceding five years at the permitted site that
contains violations that constitute a recurring pattern of egregious
conduct that demonstrates a consistent disregard for the regulatory
process, including the failure to make a timely and substantial attempt to
correct the violations [history that is classified as
unsatisfactory according to commission standards under Sections 5.753 and
5.754, Water Code, and rules adopted and procedures developed under those
sections]; or
(2) that the permit holder
or applicant is indebted to the state for fees, payment of penalties, or
taxes imposed by this title or by a rule of the commission.
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SECTION 4. Section
375.101(a), Health and Safety Code, is amended.
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SECTION 4. Same as introduced
version.
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SECTION 5. Section 382.0216(j),
Health and Safety Code, is amended to read as follows:
(j) The commission shall
account for and consider chronic excessive emissions events and emissions
events for which the commission has initiated enforcement in the manner set
forth by the commission in its review of an entity's record of
compliance [history].
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SECTION 5. Section
382.0216(j), Health and Safety Code, is amended to read as follows:
(j) The commission shall
account for and consider chronic excessive emissions events and emissions
events for which the commission has initiated enforcement in the manner set
forth by the commission in its review of an entity's record of
compliance for the preceding five years
[history].
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SECTION 6. Section
382.0518(c), Health and Safety Code, is amended to read as follows:
(c) In considering the
issuance, amendment, or renewal of a permit, the commission may consider any adjudicated decision or compliance proceeding
within the five years before the date on which the application was filed
that addressed the applicant's past performance and compliance with the
laws of this state, another state, or the United States governing air
contaminants or with the terms of any permit or order issued by the
commission [the applicant's
compliance history in accordance with the method for using
compliance history developed by the commission under Section 5.754, Water
Code].
In considering an applicant's
record of compliance [history] under this subsection, the
commission shall consider as evidence of compliance information regarding
the applicant's implementation of an environmental management system at the
facility for which the permit, permit amendment, or permit renewal is
sought. In this subsection, "environmental management system"
has the meaning assigned by Section 5.127, Water Code.
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SECTION 6. Section
382.0518(c), Health and Safety Code, is amended to read as follows:
(c) In considering the
issuance, amendment, or renewal of a permit, the commission may consider the applicant's record of compliance for the
preceding five years [history in accordance with the method
for using compliance history developed by the commission under Section
5.754, Water Code].
In considering an applicant's
record of compliance [history] under this subsection, the
commission shall consider as evidence of compliance information regarding
the applicant's implementation of an environmental management system at the
facility for which the permit, permit amendment, or permit renewal is
sought. In this subsection, "environmental management system"
has the meaning assigned by Section 5.127, Water Code.
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SECTION 7. Section
382.055(d), Health and Safety Code, is amended to read as follows:
(d) In determining whether
and under which conditions a preconstruction permit should be renewed, the
commission shall consider, at a minimum:
(1) whether
the [performance of the owner or operator of the] facility is or
has been in substantial compliance with this chapter and the terms of the
existing permit [according to the method developed by the
commission under Section 5.754, Water Code]; and
(2) the condition and
effectiveness of existing emission control equipment and practices.
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SECTION 7. Section
382.055(d), Health and Safety Code, is amended to read as follows:
(d) In determining whether
and under which conditions a preconstruction permit should be renewed, the
commission shall consider, at a minimum:
(1) the record of compliance for the preceding five years [performance]
of the owner or operator of the facility [according to the method
developed by the commission under Section 5.754, Water Code]; and
(2) the condition and
effectiveness of existing emission control equipment and practices.
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SECTION 8. Section
382.056(o), Health and Safety Code, is amended to read as follows:
(o) Notwithstanding other
provisions of this chapter, the commission may hold a hearing on a permit
amendment, modification, or renewal if the commission determines that the
application involves a facility for which the applicant's record of
compliance contains unresolved violations constituting a recurring
pattern of egregious conduct that demonstrates a consistent disregard for
the regulatory process, including the failure to make a timely and
substantial attempt to correct the violations [history is classified
as unsatisfactory according to commission standards under Sections 5.753
and 5.754, Water Code, and rules adopted and procedures developed under
those sections].
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SECTION 8. Section
382.056(o), Health and Safety Code, is amended to read as follows:
(o) Notwithstanding other
provisions of this chapter, the commission may hold a hearing on a permit
amendment, modification, or renewal if the commission determines that the
application involves a facility for which the applicant's record of
compliance for the preceding five years
contains unresolved violations that constitute a recurring pattern of
egregious conduct that demonstrates a consistent disregard for the
regulatory process, including the failure to make a timely and substantial
attempt to correct the violations [history is classified as
unsatisfactory according to commission standards under Sections 5.753 and
5.754, Water Code, and rules adopted and procedures developed under those
sections].
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SECTION 9. Section
382.401(b), Health and Safety Code, is amended to read as follows:
(b) The commission by rule
shall establish a program that allows the owner or operator of a facility
regulated under this chapter to use voluntarily as a supplemental detection
method any leak detection technology that has been incorporated and adopted
by the United States Environmental Protection Agency into a program for
detecting leaks or emissions of air contaminants. The program must provide
regulatory incentives to encourage voluntary use of the alternative leak detection
technology at a regulated facility that is capable of detecting leaks or
emissions that may not be detected by methods or technology approvable
under the commission's regulatory program for leak detection and repair in
effect on the date the commission adopts the program. The incentives may
include:
(1) on-site technical
assistance; and
(2) to the extent consistent
with federal requirements:
(A) inclusion of the
facility's use of alternative leak detection technology in the owner or
operator's record of compliance [history] and compliance
summaries;
(B) consideration of the
implementation of alternative leak detection technology in scheduling and
conducting compliance inspections; and
(C) credits or offsets to
the facility's emissions reduction requirements based on the emissions
reductions achieved by voluntary use of alternative leak detection
technology.
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SECTION 9. Section
382.401(b), Health and Safety Code, is amended to read as follows:
(b) The commission by rule
shall establish a program that allows the owner or operator of a facility
regulated under this chapter to use voluntarily as a supplemental detection
method any leak detection technology that has been incorporated and adopted
by the United States Environmental Protection Agency into a program for
detecting leaks or emissions of air contaminants. The program must provide
regulatory incentives to encourage voluntary use of the alternative leak
detection technology at a regulated facility that is capable of detecting
leaks or emissions that may not be detected by methods or technology
approvable under the commission's regulatory program for leak detection and
repair in effect on the date the commission adopts the program. The
incentives may include:
(1) on-site technical
assistance; and
(2) to the extent consistent
with federal requirements:
(A) inclusion of the
facility's use of alternative leak detection technology in the owner or
operator's record of compliance for
the preceding five years [history] and compliance
summaries;
(B) consideration of the
implementation of alternative leak detection technology in scheduling and
conducting compliance inspections; and
(C) credits or offsets to
the facility's emissions reduction requirements based on the emissions
reductions achieved by voluntary use of alternative leak detection
technology.
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SECTION 10. Section 401.110,
Health and Safety Code, is amended to read as follows:
Sec. 401.110. DETERMINATION
ON LICENSE. (a) In making a determination whether to grant, deny, amend,
renew, revoke, suspend, or restrict a license or registration, the
commission may consider those aspects of an applicant's or license
holder's background that bear materially on the ability to fulfill the
obligations of licensure, including technical competence, financial
qualifications, and the applicant's or license holder's record in areas
involving radiation [compliance history under the method for using
compliance history developed by the commission under Section 5.754, Water
Code].
(b) In making a determination
whether to grant, deny, amend, renew, revoke, suspend, or restrict a
license or registration, the department may consider the technical
competence, financial qualifications, and record of compliance [history]
of an applicant, license holder, or registration holder.
After an opportunity for a
hearing, the department shall deny an application for a license or
registration, license or registration amendment, or license or registration
renewal if the applicant's record of compliance [history]
reveals a recurring pattern of conduct that demonstrates a consistent
disregard for the regulatory process through significant violations of this
chapter or the department's rules adopted under this chapter.
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SECTION 10. Section 401.110,
Health and Safety Code, is amended to read as follows:
Sec. 401.110. DETERMINATION
ON LICENSE. (a) In making a determination whether to grant, deny, amend,
renew, revoke, suspend, or restrict a license or registration, the
commission may consider those aspects of an applicant's or license
holder's background that bear materially on the ability to fulfill the
obligations of licensure, including technical competence, financial
qualifications, and the applicant's or license holder's record of compliance in areas involving radiation
[compliance history under the method for using compliance history
developed by the commission under Section 5.754, Water Code].
(b) In making a
determination whether to grant, deny, amend, renew, revoke, suspend, or
restrict a license or registration, the department may consider the
technical competence, financial qualifications, and record of
compliance for the preceding five years
[history] of an applicant, license holder, or registration holder.
After an opportunity for a
hearing, the department shall deny an application for a license or
registration, license or registration amendment, or license or registration
renewal if the applicant's record of compliance for the preceding five years [history]
reveals a recurring pattern of conduct that demonstrates a consistent
disregard for the regulatory process through significant violations of this
chapter or the department's rules adopted under this chapter.
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SECTION 11. Section
401.112(a), Health and Safety Code, is amended to read as follows:
(a) The commission, in
making a licensing decision on a specific license application to process or
dispose of low-level radioactive waste from other persons, shall consider:
(1) site suitability,
geological, hydrological, and meteorological factors, and natural hazards;
(2) compatibility with
present uses of land near the site;
(3) socioeconomic effects on
surrounding communities of operation of the licensed activity and of
associated transportation of low-level radioactive waste;
(4) the need for and
alternatives to the proposed activity, including an alternative siting
analysis prepared by the applicant;
(5) the applicant's
qualifications, including:
(A) financial and technical
qualifications and past operating
practices [compliance history under the method for using
compliance history developed by the commission under Section 5.754, Water
Code, for an application to the commission]; and
(B) the demonstration of
financial qualifications under Section 401.108;
(6) background monitoring
plans for the proposed site;
(7) suitability of
facilities associated with the proposed activities;
(8) chemical, radiological,
and biological characteristics of the low-level radioactive waste and waste
classification under Section 401.053;
(9) adequate insurance of
the applicant to cover potential injury to any property or person,
including potential injury from risks relating to transportation;
(10) training programs for
the applicant's employees;
(11) a monitoring,
record-keeping, and reporting program;
(12) spill detection and
cleanup plans for the licensed site and related to associated
transportation of low-level radioactive waste;
(13) decommissioning and
postclosure care plans;
(14) security plans;
(15) worker monitoring and
protection plans;
(16) emergency plans; and
(17) a monitoring program
for applicants that includes prelicense and postlicense monitoring of
background radioactive and chemical characteristics of the soils,
groundwater, and vegetation.
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SECTION 11. Section
401.112(a), Health and Safety Code, is amended to read as follows:
(a) The commission, in
making a licensing decision on a specific license application to process or
dispose of low-level radioactive waste from other persons, shall consider:
(1) site suitability,
geological, hydrological, and meteorological factors, and natural hazards;
(2) compatibility with
present uses of land near the site;
(3) socioeconomic effects on
surrounding communities of operation of the licensed activity and of
associated transportation of low-level radioactive waste;
(4) the need for and
alternatives to the proposed activity, including an alternative siting
analysis prepared by the applicant;
(5) the applicant's
qualifications, including:
(A) financial and technical
qualifications and record of compliance for the preceding five years
[history under the method for using compliance history developed by the
commission under Section 5.754, Water Code, for an application to the
commission]; and
(B) the demonstration of
financial qualifications under Section 401.108;
(6) background monitoring
plans for the proposed site;
(7) suitability of
facilities associated with the proposed activities;
(8) chemical, radiological,
and biological characteristics of the low-level radioactive waste and waste
classification under Section 401.053;
(9) adequate insurance of
the applicant to cover potential injury to any property or person,
including potential injury from risks relating to transportation;
(10) training programs for
the applicant's employees;
(11) a monitoring, record-keeping,
and reporting program;
(12) spill detection and
cleanup plans for the licensed site and related to associated
transportation of low-level radioactive waste;
(13) decommissioning and
postclosure care plans;
(14) security plans;
(15) worker monitoring and
protection plans;
(16) emergency plans; and
(17) a monitoring program
for applicants that includes prelicense and postlicense monitoring of
background radioactive and chemical characteristics of the soils,
groundwater, and vegetation.
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SECTION 12. Section 401.243,
Health and Safety Code, is amended to read as follows:
Sec. 401.243. RECORD OF
COMPLIANCE [HISTORY]. After an opportunity for a hearing, the
commission shall deny an application for a license under this subchapter or
an amendment or renewal for a license under this subchapter if the
applicant's record of compliance [history] reveals a
recurring pattern of conduct that demonstrates a consistent disregard for
the regulatory process through a history of violations of this chapter or
the commission's rules under this chapter.
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SECTION 12. Section 401.243,
Health and Safety Code, is amended to read as follows:
Sec. 401.243. RECORD OF
COMPLIANCE [HISTORY]. After an opportunity for a hearing, the
commission shall deny an application for a license under this subchapter or
an amendment or renewal for a license under this subchapter if the
applicant's record of compliance for
the preceding five years [history] reveals a recurring
pattern of conduct that demonstrates a consistent disregard for the
regulatory process through a history of violations of this chapter or the
commission's rules under this chapter.
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SECTION 13. Section
5.127(b), Water Code, is amended to read as follows:
(b) The commission by rule
shall adopt a comprehensive program that provides regulatory incentives to
encourage the use of environmental management systems by regulated
entities, state agencies, local governments, and other entities as
determined by the commission. The incentives may include:
(1) on-site technical
assistance;
(2) accelerated access to
information about programs; and
(3) to the extent consistent
with federal requirements:
(A) inclusion of information
regarding an entity's use of an environmental management system in the
entity's record of compliance [history] and compliance
summaries; and
(B) consideration of the
entity's implementation of an environmental management system in scheduling
and conducting compliance inspections.
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SECTION 13. Section
5.127(b), Water Code, is amended to read as follows:
(b) The commission by rule
shall adopt a comprehensive program that provides regulatory incentives to
encourage the use of environmental management systems by regulated
entities, state agencies, local governments, and other entities as
determined by the commission. The incentives may include:
(1) on-site technical
assistance;
(2) accelerated access to
information about programs; and
(3) to the extent consistent
with federal requirements:
(A) inclusion of information
regarding an entity's use of an environmental management system in the
entity's record of compliance for
the preceding five years [history] and compliance
summaries; and
(B) consideration of the
entity's implementation of an environmental management system in scheduling
and conducting compliance inspections.
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SECTION 14. Section 5.1733,
Water Code, is amended to read as follows:
Sec. 5.1733. ELECTRONIC
POSTING OF INFORMATION. The commission shall post public information on
its website. Such information shall include but not be limited to the
minutes of advisory committee meetings, pending permit and enforcement
actions, records of compliance [histories], and emissions
inventories by county and facility name.
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SECTION 14. Section 5.1733,
Water Code, is amended to read as follows:
Sec. 5.1733. ELECTRONIC
POSTING OF INFORMATION. The commission shall post public information on
its website. Such information shall include but not be limited to the
minutes of advisory committee meetings, pending permit and enforcement
actions, records of compliance for
the preceding five years [histories], and emissions
inventories by county and facility name.
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SECTION 15. Section 5.758,
Water Code, is transferred, redesignated, and amended.
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SECTION 15. Same as
introduced version.
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SECTION 16. Section 7.070,
Water Code, is amended to read as follows:
Sec. 7.070. FINDINGS OF FACT
NOT REQUIRED; RESERVATIONS. Notwithstanding any other provision to the
contrary, the commission is not required to make findings of fact or
conclusions of law other than an uncontested finding that the commission
has jurisdiction in an agreed order compromising or settling an alleged
violation of a statute within the commission's jurisdiction or of a rule
adopted or an order or a permit issued under such a statute. An agreed
administrative order may include a reservation that:
(1) the order is not an
admission of a violation of a statute within the commission's jurisdiction
or of a rule adopted or an order or a permit issued under such a statute;
(2) the occurrence of a violation
is in dispute; or
(3) the order is not
intended to become a part of a party's or a facility's record of
compliance [history].
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SECTION 16. Section 7.070,
Water Code, is amended to read as follows:
Sec. 7.070. FINDINGS OF FACT
NOT REQUIRED; RESERVATIONS. Notwithstanding any other provision to the
contrary, the commission is not required to make findings of fact or
conclusions of law other than an uncontested finding that the commission
has jurisdiction in an agreed order compromising or settling an alleged
violation of a statute within the commission's jurisdiction or of a rule
adopted or an order or a permit issued under such a statute. An agreed
administrative order may include a reservation that:
(1) the order is not an
admission of a violation of a statute within the commission's jurisdiction
or of a rule adopted or an order or a permit issued under such a statute;
(2) the occurrence of a
violation is in dispute; or
(3) the order is not
intended to become a part of a party's or a facility's record of
compliance for the preceding five years
[history].
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SECTION 17. Sections
26.028(d) and (e), Water Code, are amended.
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SECTION 17. Same as
introduced version.
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SECTION 18. Section 26.0281,
Water Code, is amended to read as follows:
Sec. 26.0281. CONSIDERATION
OF PAST PERFORMANCE AND
COMPLIANCE [HISTORY].
In considering the issuance,
amendment, or renewal of a permit to discharge effluent comprised primarily
of sewage or municipal waste, the commission shall consider any adjudicated decision or [the] compliance proceeding addressing
past performance and compliance [history] of the
applicant and its operator with the laws
of this state governing waste discharge, waste treatment, or waste disposal
facilities and with the terms of any permit or order issued by the
commission [under the method for using compliance history
developed by the commission under Section 5.754]. In considering an
applicant's record of compliance [history] under this
subsection, the commission shall consider as evidence of compliance
information regarding the applicant's implementation of an environmental
management system at the facility for which the permit, permit amendment,
or permit renewal is sought. In this section, "environmental
management system" has the meaning assigned by Section 5.127.
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SECTION 18. Section 26.0281,
Water Code, is amended to read as follows:
Sec. 26.0281. CONSIDERATION
OF RECORD OF COMPLIANCE [HISTORY].
In considering the issuance,
amendment, or renewal of a permit to discharge effluent comprised primarily
of sewage or municipal waste, the commission shall consider the record of compliance for the
preceding five years [history] of the applicant and its
operator [under the method for using compliance history developed by the
commission under Section 5.754]. In considering an applicant's record
of compliance [history] under this subsection, the commission
shall consider as evidence of compliance information regarding the
applicant's implementation of an environmental management system at the facility
for which the permit, permit amendment, or permit renewal is sought. In
this section, "environmental management system" has the meaning
assigned by Section 5.127.
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SECTION 19. Section
26.040(h), Water Code, is amended to read as follows:
(h) Notwithstanding other
provisions of this chapter, the commission, after hearing, shall deny or
suspend a discharger's authority to discharge under a general permit if the
commission determines that the discharger operates any facility for
which the discharger's record of compliance contains
violations constituting a recurring pattern of egregious conduct that
demonstrates a consistent disregard for the regulatory process, including a
failure to make a timely and substantial attempt to correct the violations
[history is classified as unsatisfactory according to commission
standards under Sections 5.753 and 5.754 and rules adopted and procedures
developed under those sections]. A hearing under this subsection is not
subject to Chapter 2001, Government Code.
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SECTION 19. Section
26.040(h), Water Code, is amended to read as follows:
(h) Notwithstanding other
provisions of this chapter, the commission, after hearing, shall deny or
suspend a discharger's authority to discharge under a general permit if the
commission determines that the discharger operates any facility for
which the discharger's record of compliance for the preceding five years contains
violations that constitute a recurring pattern of egregious conduct that
demonstrates a consistent disregard for the regulatory process, including a
failure to make a timely and substantial attempt to correct the violations
[history is classified as unsatisfactory according to commission
standards under Sections 5.753 and 5.754 and rules adopted and procedures
developed under those sections]. A hearing under this subsection is not
subject to Chapter 2001, Government Code.
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SECTION 20. Section
27.025(g), Water Code, is amended to read as follows:
(g) Notwithstanding the
other provisions of this chapter, the commission, after hearing, shall deny
or suspend authorization for the use of an injection well under a general
permit if the commission determines that the owner operates any facility
for which the owner's record of compliance contains
violations constituting a recurring pattern of egregious conduct that
demonstrates a consistent disregard for the regulatory process, including a
failure to make a timely and substantial attempt to correct the violations
[history is classified as unsatisfactory according to commission
standards under Sections 5.753 and 5.754 and rules adopted and procedures
developed under those sections]. A hearing under this subsection is
not subject to the requirements relating to a contested case hearing under
Chapter 2001, Government Code.
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SECTION 20. Section
27.025(g), Water Code, is amended to read as follows:
(g) Notwithstanding the
other provisions of this chapter, the commission, after hearing, shall deny
or suspend authorization for the use of an injection well under a general
permit if the commission determines that the owner operates any facility
for which the owner's record of compliance for the preceding five years contains
violations that constitute a recurring pattern of egregious conduct that
demonstrates a consistent disregard for the regulatory process, including a
failure to make a timely and substantial attempt to correct the violations
[history is classified as unsatisfactory according to commission
standards under Sections 5.753 and 5.754 and rules adopted and procedures
developed under those sections]. A hearing under this subsection is
not subject to the requirements relating to a contested case hearing under
Chapter 2001, Government Code.
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SECTION 21. Section
27.051(d), Water Code, is amended to read as follows:
(d) The commission, in
determining if the use or installation of an injection well is in the
public interest under Subsection (a)(1), shall consider, but shall not be
limited to the consideration of:
(1) the record of
compliance [history] of the applicant and related entities [under
the method for using compliance history developed by the commission under
Section 5.754 and] in accordance with the provisions of Subsection (e);
(2) whether there is a
practical, economic, and feasible alternative to an injection well
reasonably available; and
(3) if the injection well
will be used for the disposal of hazardous waste, whether the applicant
will maintain sufficient public liability insurance for bodily injury and
property damage to third parties that is caused by sudden and non-sudden
accidents or will otherwise demonstrate financial responsibility in a
manner adopted by the commission in lieu of public liability insurance. A
liability insurance policy which satisfies the policy limits required by
the hazardous waste management regulations of the commission for the
applicant's proposed pre-injection facilities shall be deemed
"sufficient" under this subdivision if the policy:
(A) covers the injection
well; and
(B) is issued by a company
that is authorized to do business and to write that kind of insurance in
this state and is solvent and not currently under supervision or in
conservatorship or receivership in this state or any other state.
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SECTION 21. Section
27.051(d), Water Code, is amended to read as follows:
(d) The commission, in
determining if the use or installation of an injection well is in the
public interest under Subsection (a)(1), shall consider, but shall not be
limited to the consideration of:
(1) the record of
compliance for the preceding five years
[history] of the applicant and related entities [under the method
for using compliance history developed by the commission under Section
5.754 and] in accordance with the provisions of Subsection (e);
(2) whether there is a
practical, economic, and feasible alternative to an injection well
reasonably available; and
(3) if the injection well
will be used for the disposal of hazardous waste, whether the applicant
will maintain sufficient public liability insurance for bodily injury and
property damage to third parties that is caused by sudden and non-sudden
accidents or will otherwise demonstrate financial responsibility in a
manner adopted by the commission in lieu of public liability insurance. A
liability insurance policy which satisfies the policy limits required by
the hazardous waste management regulations of the commission for the
applicant's proposed pre-injection facilities shall be deemed
"sufficient" under this subdivision if the policy:
(A) covers the injection
well; and
(B) is issued by a company
that is authorized to do business and to write that kind of insurance in
this state and is solvent and not currently under supervision or in
conservatorship or receivership in this state or any other state.
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SECTION 22. Section
27.051(e), Water Code, as amended by Chapters 347 (S.B. 324), 965 (H.B.
2912), and 1161 (H.B. 2997), Acts of the 77th Legislature, Regular Session,
2001, is reenacted and amended to read as follows:
(e) The [Consistent
with Sections 5.753 and 5.754 and rules adopted and procedures developed
under those sections, the] commission shall establish a procedure for
the preparation of comprehensive summaries of the applicant's record of
compliance [history], including the record of compliance [history]
of any corporation or business entity managed, owned, or otherwise closely
related to the applicant.
A compliance summary must
include as evidence of compliance information regarding the applicant's
implementation of an environmental management system at the facility for
which an authorization is sought.
The summaries shall be made
available to the applicant and any interested person after the commission
has completed its technical review of the permit application and prior to
the promulgation of the public notice relating to the issuance of the
permit.
Evidence of compliance or
noncompliance by an applicant for an injection well permit with
environmental statutes and the rules adopted or orders or permits issued by
the commission may be offered by any party at a hearing on the applicant's
application and admitted into evidence subject to applicable rules of
evidence. [In accordance with this subsection and Sections 5.753 and
5.754 and rules adopted and procedures developed under those sections,
evidence of the compliance history of an applicant for an injection well
may be offered at a hearing on the application and may be admitted into
evidence, subject to the rules of evidence.]
Evidence of an applicant's
record of [the] compliance [history of an applicant] for
an injection well permit may be offered by the executive director at a
hearing on the application and admitted into evidence subject to the rules
of evidence.
All evidence admitted,
including the record of compliance [history], shall be
considered by the commission in determining whether to issue, amend, extend,
or renew a permit.
If the commission concludes
that the applicant's record of compliance [history] is
unacceptable, the commission shall deny the permit. In this subsection,
"environmental management system" has the meaning assigned by
Section 5.127.
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SECTION 22. Section
27.051(e), Water Code, as amended by Chapters 347 (S.B. 324), 965 (H.B.
2912), and 1161 (H.B. 2997), Acts of the 77th Legislature, Regular Session,
2001, is reenacted and amended to read as follows:
(e) The [Consistent
with Sections 5.753 and 5.754 and rules adopted and procedures developed
under those sections, the] commission shall establish a procedure for
the preparation of comprehensive summaries of the applicant's record of
compliance for the preceding five years
[history], including the record of compliance for the preceding five years [history]
of any corporation or business entity managed, owned, or otherwise closely
related to the applicant.
A compliance summary must
include as evidence of compliance information regarding the applicant's
implementation of an environmental management system at the facility for
which an authorization is sought.
The summaries shall be made
available to the applicant and any interested person after the commission
has completed its technical review of the permit application and prior to
the promulgation of the public notice relating to the issuance of the
permit.
Evidence of compliance or
noncompliance by an applicant for an injection well permit with environmental
statutes and the rules adopted or orders or permits issued by the
commission may be offered by any party at a hearing on the applicant's
application and admitted into evidence subject to applicable rules of
evidence. [In accordance with this subsection and Sections 5.753 and
5.754 and rules adopted and procedures developed under those sections,
evidence of the compliance history of an applicant for an injection well
may be offered at a hearing on the application and may be admitted into
evidence, subject to the rules of evidence.]
Evidence of an applicant's
record of [the] compliance for
the preceding five years [history of an applicant] for an
injection well permit may be offered by the executive director at a hearing
on the application and admitted into evidence subject to the rules of
evidence.
All evidence admitted,
including the record of compliance for
the preceding five years [history], shall be considered
by the commission in determining whether to issue, amend, extend, or
renew a permit.
If the commission concludes
that the applicant's record of compliance for the preceding five years [history] is
unacceptable, the commission shall deny the permit. In this subsection,
"environmental management system" has the meaning assigned by Section
5.127.
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SECTION 23. Sections
32.101(c) and (d), Water Code, are amended to read as follows:
(c) The commission, in
determining if the use or installation of a subsurface area drip dispersal
system is in the public interest under Subsection (a)(1), shall consider:
(1) the record of
compliance [history] of the applicant and related entities [under
the method for using compliance history developed by the commission under
Section 5.754 and] in accordance with the provisions of Subsection (d)
[of this section];
(2) whether there is a
practical, economic, and feasible alternative to a subsurface area drip
dispersal system reasonably available; and
(3) any other factor the
commission considers relevant.
(d) The commission shall
establish a procedure for the preparation of comprehensive summaries of the
applicant's record of compliance [history], including the record
of compliance [history] of any corporation or other business
entity managed, owned, or otherwise closely related to the applicant.
The summaries shall be made
available to the applicant and any interested person after the commission
has completed its technical review of the permit application and prior to
giving public notice relating to the issuance of the permit. Evidence of
compliance or noncompliance by an applicant for a subsurface area drip
dispersal system permit with environmental statutes and the rules adopted
or orders or permits issued by the commission may be offered by any party
at a hearing on the applicant's application and admitted into evidence
subject to applicable rules of evidence.
Evidence of the record of
compliance [history] of an applicant for a subsurface area drip
dispersal system permit may be offered by the executive director at a
hearing on the application and admitted into evidence subject to the rules
of evidence.
The commission shall consider
all evidence admitted, including the record of compliance [history],
in determining whether to issue, amend, extend, or renew a permit. If the
commission concludes that the applicant's record of compliance [history]
is unacceptable, the commission shall deny the permit.
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SECTION 23. Sections
32.101(c) and (d), Water Code, are amended to read as follows:
(c) The commission, in
determining if the use or installation of a subsurface area drip dispersal
system is in the public interest under Subsection (a)(1), shall consider:
(1) the record of
compliance for the preceding five years
[history] of the applicant and related entities [under the method
for using compliance history developed by the commission under Section
5.754 and] in accordance with the provisions of Subsection (d) [of
this section];
(2) whether there is a
practical, economic, and feasible alternative to a subsurface area drip
dispersal system reasonably available; and
(3) any other factor the
commission considers relevant.
(d) The commission shall
establish a procedure for the preparation of comprehensive summaries of the
applicant's record of compliance for
the preceding five years [history],
including the record of compliance for
the preceding five years [history] of any corporation or
other business entity managed, owned, or otherwise closely related to the
applicant.
The summaries shall be made
available to the applicant and any interested person after the commission
has completed its technical review of the permit application and prior to
giving public notice relating to the issuance of the permit. Evidence of
compliance or noncompliance by an applicant for a subsurface area drip
dispersal system permit with environmental statutes and the rules adopted
or orders or permits issued by the commission may be offered by any party
at a hearing on the applicant's application and admitted into evidence
subject to applicable rules of evidence.
Evidence of the record of
compliance for the preceding five years
[history] of an applicant for a subsurface area drip dispersal
system permit may be offered by the executive director at a hearing on the
application and admitted into evidence subject to the rules of evidence.
The commission shall consider
all evidence admitted, including the record of compliance for the preceding five years [history],
in determining whether to issue, amend, extend, or renew a permit. If the
commission concludes that the applicant's record of compliance for the preceding five years [history]
is unacceptable, the commission shall deny the permit.
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SECTION 24. The following
provisions are repealed:
(1) the heading to
Subchapter Q, Chapter 5, Water Code;
(2) Sections 5.751, 5.752, 5.753,
5.754, 5.755, 5.756, and 5.757, Water Code;
(3) Section 361.0215(c),
Health and Safety Code;
(4) Section 361.088(g),
Health and Safety Code; and
(5) Section 27.051(h), Water
Code.
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SECTION 24. Same as
introduced version.
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SECTION 25. The change in
law made by this Act applies only to an application for a permit, permit
amendment, or permit renewal that is filed with the Texas Commission on
Environmental Quality on or after the effective date of this Act. An
application for a permit, permit amendment, or permit renewal that is filed
with the commission before the effective date of this Act is governed by
the law in effect on the date the application is filed, and that law is
continued in effect for that purpose.
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SECTION 25. Same as
introduced version.
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SECTION 26. This Act takes
effect September 1, 2013.
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SECTION 26. Same as
introduced version.
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