| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to reporting requirements for accidental sanitary sewer |
|
|
overflows. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 26.039, Water Code, is amended by |
|
|
amending Subsections (b) and (f) and adding Subsections (b-1) and |
|
|
(b-2) to read as follows: |
|
|
(b) Except as provided by Subsection (b-1), whenever |
|
|
[Whenever] an accidental discharge or spill occurs at or from any |
|
|
activity or facility which causes or may cause pollution, the |
|
|
individual operating, in charge of, or responsible for the activity |
|
|
or facility shall notify the commission as soon as possible and not |
|
|
later than 24 hours after the occurrence. The individual's notice |
|
|
to the commission must include the location, volume, and content of |
|
|
the discharge or spill. |
|
|
(b-1) The individual is not required to notify the |
|
|
commission under Subsection (b) or local government officials or |
|
|
local media under Subsection (e) of a sanitary sewer overflow, as |
|
|
defined by Section 26.049, that is: |
|
|
(1) 1,000 gallons or less; and |
|
|
(2) controlled or removed: |
|
|
(A) before the overflow enters water in the |
|
|
state; and |
|
|
(B) before the overflow adversely affects a |
|
|
public or private source of drinking water. |
|
|
(b-2) The individual shall report sanitary sewer overflows |
|
|
described by Subsection (b-1) on a monthly basis to the commission. |
|
|
The report shall include the information required for a notice |
|
|
under Subsection (b) and must be made in a manner determined by |
|
|
commission rule. |
|
|
(f) The commission by rule shall specify the conditions |
|
|
under which an individual must comply with Subsections (b) and |
|
|
[Subsection] (e) and prescribe procedures for giving the required |
|
|
notice. The rules must also state the content of the notice and the |
|
|
manner of giving notice. In formulating the rules, the commission |
|
|
shall consider: |
|
|
(1) the nature and extent of the discharge or spill; |
|
|
(2) the potential effect of the discharge or spill; |
|
|
and |
|
|
(3) regional information about the susceptibility of a |
|
|
particular drinking water source to a specific type of pollution. |
|
|
SECTION 2. (a) Not later than December 1, 2013, the Texas |
|
|
Commission on Environmental Quality shall adopt rules necessary to |
|
|
implement Section 26.039, Water Code, as amended by this Act. |
|
|
(b) The change in law made by this Act applies only to an |
|
|
offense committed on or after the effective date of a rule adopted |
|
|
by the Texas Commission on Environmental Quality under this |
|
|
section. For purposes of this section, an offense was committed |
|
|
before the effective date of a rule adopted by the Texas Commission |
|
|
on Environmental Quality under this section if any element of the |
|
|
offense occurred before that date. |
|
|
(c) An offense committed before the effective date of a rule |
|
|
adopted by the Texas Commission on Environmental Quality under this |
|
|
section is governed by the law in effect on the date the offense was |
|
|
committed, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2013. |