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