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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 certain accidental discharges or spills from wastewater |
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facilities. |
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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 (e) and adding Subsections (g) and (h) |
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to read as follows: |
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(b) Except as provided by Subsection (g), 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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(e) Except as provided by Subsection (g), if [If] an |
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accidental discharge or spill described by Subsection (b) from a |
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wastewater treatment or collection facility owned or operated by a |
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local government may adversely affect a public or private source of |
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drinking water, the individual shall also notify appropriate local |
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government officials and local media. |
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(g) The individual is not required to notify the commission |
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of an accidental discharge or spill of treated or untreated |
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domestic wastewater under Subsection (b) or officials or media |
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under Subsection (e) of a single accidental discharge or spill |
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that: |
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(1) occurs at a wastewater treatment or collection |
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facility owned or operated by a local government; |
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(2) is 1,000 gallons or less; |
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(3) is not associated with another simultaneous |
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accidental discharge or spill; |
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(4) is controlled or removed before the accidental |
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discharge or spill: |
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(A) enters water in the state; or |
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(B) adversely affects a public or private source |
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of drinking water; |
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(5) will not endanger human health or safety or the |
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environment; and |
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(6) is not otherwise subject to local regulatory |
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control and reporting requirements. |
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(h) The individual shall submit to the commission at least |
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once each month a summary of accidental discharges and spills |
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described by Subsection (g) that occurred during the preceding |
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month. The commission by rule shall: |
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(1) consider the compliance history of the individual; |
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and |
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(2) establish procedures for formatting and |
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submitting a summary, including requirements that a summary include |
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the location, volume, and content of each accidental discharge or |
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spill. |
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SECTION 2. (a) Not later than June 1, 2016, 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, 2015. |