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A BILL TO BE ENTITLED
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AN ACT
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relating to minimum pollution removal requirements on storm water |
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discharge within the Edwards Aquifer in certain circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 26, Water Code, is amended |
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by adding Section 26.0463 to read as follows: |
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Sec. 26.0463. MINIMUM REQUIREMENTS FOR POLLUTION REMOVAL |
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FOR STORMWATER ENTERING THE EDWARDS AQUIFER. (a) In this section, |
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"stormwater treatment facility" means a facility that utilizes best |
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management practices approved by the Commission on Environmental |
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Quality to be used in a water pollution abatement plan, or similar |
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submittal, for the purpose of filtering out and removing pollutants |
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such as total suspended solids from stormwater runoff from |
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commercial, residential, industrial or retail developments that |
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are located within the recharge zone of the Edwards Aquifer, as |
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defined by the Commission in rule. |
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(b) The Commission may not approve the use or installation |
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of a new stormwater treatment facility in a water pollution |
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abatement plan unless the stormwater treatment facility has been |
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shown to remove 85% or more of the total suspended solids required |
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to be removed prior to the discharge of the stormwater into the |
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recharge zone of the Edwards Aquifer, according to the "Complying |
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with the Edwards Aquifer Rules, Technical Guidance on Best |
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Management Practices", as amended, or by other rule of the |
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Commission. |
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(c) This section does not apply to a recharge enhancement |
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facility within a natural watercourse that is expressly designed |
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and installed to improve the quantity and quality of surface water |
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entering the aquifer. |
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SECTION 2. The change in law made by this Act applies only |
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to an application for a water pollution abatement plan, or similar |
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submittal that is submitted to the Texas Commission on |
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Environmental Quality on or after the effective date of this Act. An |
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application for a water pollution abatement plan permit or permit |
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amendment that was submitted to the Texas Commission on |
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Environmental Quality before the effective date of this Act is |
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governed by the law in effect at the time the application was filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |