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A BILL TO BE ENTITLED
|
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AN ACT
|
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relating to the discontinuance of the Texas Commission on |
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Environmental Quality's compliance history program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 361.084(a), (c), and (d), Health and |
|
Safety Code, are amended to read as follows: |
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(a) The commission by rule shall establish a procedure to |
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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. |
|
SECTION 2. Section 361.088(f), Health and Safety Code, is |
|
amended to read as follows: |
|
(f) Notwithstanding Subsection (e), if the commission |
|
determines that an applicant's record of compliance for the |
|
preceding five years [history under the method for evaluating
|
|
compliance history developed by the commission under Section 5.754,
|
|
Water Code,] raises an issue regarding the applicant's ability to |
|
comply with a material term of its permit, the commission shall |
|
provide an opportunity to request a contested case hearing. |
|
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. |
|
SECTION 4. Section 375.101(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) A vehicle recycler or scrap metal recycling facility |
|
that removes convenience switches from eligible vehicles in |
|
accordance with educational materials received under this chapter |
|
shall be provided regulatory incentives by the commission [under
|
|
programs implemented pursuant to Section 5.755, Water Code], |
|
including on-site technical assistance [and compliance history
|
|
classification adjustments]. |
|
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]. |
|
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. |
|
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. |
|
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]. |
|
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. |
|
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. |
|
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. |
|
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. |
|
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. |
|
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. |
|
SECTION 15. Section 5.758, Water Code, is transferred to |
|
Subchapter D, Chapter 5, Water Code, redesignated as Section 5.123, |
|
Water Code, and amended to read as follows: |
|
Sec. 5.123 [5.758]. REGULATORY FLEXIBILITY. (a) The |
|
commission by order may exempt an applicant from a requirement of a |
|
statute or commission rule regarding the control or abatement of |
|
pollution if the applicant proposes to control or abate pollution |
|
by an alternative method or by applying an alternative standard |
|
that is: |
|
(1) at least as protective of the environment and the |
|
public health as the method or standard prescribed by the statute or |
|
commission rule that would otherwise apply; and |
|
(2) not inconsistent with federal law. |
|
(b) [The commission may not exempt an applicant under this
|
|
section unless the applicant can present to the commission evidence
|
|
that the alternative the applicant proposes is as protective of the
|
|
environment and the public health as the method or standard
|
|
prescribed by the statute or commission rule that would otherwise
|
|
apply.
|
|
[(c)] The commission by rule shall specify the procedure for |
|
obtaining an exemption under this section. The rules must provide |
|
for public notice and for public participation in a proceeding |
|
involving an application for an exemption under this section. |
|
(c) [(d)] The commission's order must provide a description |
|
of the alternative method or standard and condition the exemption |
|
on compliance with the method or standard as the order prescribes. |
|
(d) [(e)] The commission by rule may establish a reasonable |
|
fee for applying for an exemption under this section. |
|
(e) [(f)] A violation of an order issued under this section |
|
is punishable as if it were a violation of the statute or rule from |
|
which the order grants an exemption. |
|
(f) A permit may satisfy a requirement to demonstrate need |
|
by showing need on a regional basis considering economic impacts. |
|
(g) This section does not authorize exemptions to statutes |
|
or regulations for storing, handling, processing, or disposing of |
|
low-level radioactive materials. |
|
(h) In implementing the program of regulatory flexibility |
|
authorized by this section, the commission shall: |
|
(1) promote the program to businesses in the state |
|
through all available appropriate media; |
|
(2) endorse alternative methods that will [clearly] |
|
benefit the environment and impose the least onerous restrictions |
|
on business; |
|
(3) fix and enforce environmental standards, allowing |
|
businesses flexibility in meeting the standards in a manner that |
|
[clearly] enhances environmental outcomes; and |
|
(4) work to achieve consistent and predictable results |
|
for the regulated community and shorter waits for permit issuance. |
|
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]. |
|
SECTION 17. Sections 26.028(d) and (e), Water Code, are |
|
amended to read as follows: |
|
(d) Notwithstanding any other provision of this chapter, |
|
the commission, at a regular meeting without the necessity of |
|
holding a public hearing, may approve an application to renew or |
|
amend a permit if: |
|
(1) the applicant is not applying to: |
|
(A) increase significantly the quantity of waste |
|
authorized to be discharged; or |
|
(B) change materially the pattern or place of |
|
discharge; |
|
(2) the activities to be authorized by the renewed or |
|
amended permit will maintain or improve the quality of waste |
|
authorized to be discharged; |
|
(3) for NPDES permits, notice and the opportunity to |
|
request a public meeting shall be given in compliance with NPDES |
|
program requirements, and the commission shall consider and respond |
|
to all timely received and significant public comment; and |
|
(4) the commission determines that an applicant's |
|
record of compliance for the preceding five years [history under
|
|
the method for using compliance history developed by the commission
|
|
under Section 5.754] raises no issues regarding the applicant's |
|
ability to comply with a material term of its permit. |
|
(e) In considering an applicant's record of compliance |
|
[history] under Subsection (d)(4), 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. |
|
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. |
|
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. |
|
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. |
|
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. |
|
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. |
|
SECTION 23. Sections 32.101(c) and (d), Water Code, are |
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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. |
|
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. |
|
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. |
|
SECTION 26. This Act takes effect September 1, 2013. |