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A BILL TO BE ENTITLED
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AN ACT
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relating to the notice requirements for the issuance, renewal, or |
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amendment of certain environmental permits issued by the Texas |
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Commission on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.080(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Notice for a hearing session held under this section |
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shall be provided in accordance with Section 361.0791 of this code |
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and Section 5.5525, Water Code. |
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SECTION 2. Section 361.082(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) The commission by rule shall establish procedures for |
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public notice and public hearing. At a minimum, the rules shall |
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include the public notice requirements set forth in Section 361.081 |
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of this code and Section 5.5525, Water Code. |
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SECTION 3. Section 361.121(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) The notice and hearing provisions of Subchapter M, |
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Chapter 5, Water Code, other than Section 5.5525 [as added by
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Chapter 1350, Acts of the 76th Legislature, Regular Session, 1999], |
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apply to an application under this section for a permit, a permit |
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amendment, or a permit renewal. In addition, at the time published |
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notice of intent to obtain a permit is required under Section 5.552, |
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Water Code, an applicant for a permit, permit amendment, or permit |
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renewal under this section must notify by registered or certified |
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mail each owner of land located within one-quarter mile of the |
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proposed land application unit who lives on that land of the intent |
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to obtain the permit, amendment, or renewal. Notice to landowners |
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must include the information required by Section 5.552(c), Water |
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Code, and information regarding the anticipated date of the first |
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application of the sludge to the proposed land application unit. An |
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owner of land located within one-quarter mile of the proposed land |
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application unit who lives on that land is an affected person for |
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purposes of Section 5.115, Water Code. |
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SECTION 4. Section 5.551(a), Water Code, is amended to read |
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as follows: |
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(a) Except as provided by Section 5.5525, this [This] |
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subchapter establishes procedures for providing public notice, an |
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opportunity for public comment, and an opportunity for public |
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hearing under Subchapters C-H, Chapter 2001, Government Code, |
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regarding commission actions relating to a permit issued under |
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Chapter 26 or 27 of this code or Chapter 361, Health and Safety |
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Code. This subchapter is procedural and does not expand or restrict |
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the types of commission actions for which public notice, an |
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opportunity for public comment, and an opportunity for public |
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hearing are provided under Chapter 26 or 27 of this code or Chapter |
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361, Health and Safety Code. |
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SECTION 5. Subchapter M, Chapter 5, Water Code, is amended |
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by adding Section 5.5525 to read as follows: |
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Sec. 5.5525. MAILED NOTICE OF INTENT TO OBTAIN PERMIT. (a) |
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This section applies to an application to the commission for: |
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(1) a national pollutant discharge elimination system |
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permit under Chapter 26; |
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(2) a Class I injection well permit under Chapter 27; |
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(3) a hazardous waste management facility permit under |
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Chapter 361, Health and Safety Code; |
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(4) a preconstruction permit under Chapter 382, Health |
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and Safety Code; and |
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(5) a federal operating permit under Chapter 382, |
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Health and Safety Code. |
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(b) An applicant shall mail notice of intent to obtain a |
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permit to each owner or occupant of real property located five miles |
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or less from the facility that is the subject of the permit. The |
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commission by rule shall establish the form and content of the |
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notice. The notice must include the information required by |
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Section 5.552(c). |
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(c) In addition to providing notice under Subsection (b), |
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the applicant shall comply with any applicable public notice |
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requirements under this subchapter, Chapters 26 and 27 of this |
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code, Chapters 361 and 382, Health and Safety Code, and rules |
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adopted under those chapters. |
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SECTION 6. The changes in law made by this Act apply only to |
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an application for a permit, permit amendment, or permit renewal |
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that is filed with the Texas Commission on Environmental Quality on |
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or after September 1, 2013. An application for a permit, permit |
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amendment, or permit renewal that is filed before that date is |
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governed by the law in effect on the date the application is filed, |
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and that law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2013. |