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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of permit requirements for the |
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operation of a domestic wastewater treatment facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter L, Chapter 5, Water Code, is amended |
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by adding Section 5.5146 to read as follows: |
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Sec. 5.5146. EMERGENCY ORDER CONCERNING OPERATION OF |
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CERTAIN TREATMENT FACILITIES WITHOUT PERMIT. The commission may |
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issue an emergency order under this subchapter suspending |
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operations of a treatment facility that: |
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(1) handles waste and wastewater from humans or |
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household operations; |
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(2) is required to obtain a permit from the |
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commission; and |
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(3) is operating without the required permit. |
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SECTION 2. Subchapter B, Chapter 7, Water Code, is amended |
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by adding Section 7.035 to read as follows: |
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Sec. 7.035. INJUNCTION AND ENFORCEMENT RELATING TO CERTAIN |
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TREATMENT FACILITIES. (a) Except as provided by Subsection (b), if |
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the commission determines that a treatment facility that handles |
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waste and wastewater from humans or household operations is |
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operating without a permit required by the commission, the |
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commission shall: |
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(1) issue an order: |
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(A) enjoining further operation of the facility |
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until the commission issues the required permit; and |
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(B) imposing an administrative penalty under |
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this chapter; or |
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(2) institute a civil action under Subchapter D to: |
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(A) enjoin further operation of the facility |
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until the commission issues the required permit; and |
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(B) impose a civil penalty. |
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(b) If the commission determines there is no feasible |
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alternative treatment or disposal option for the wastewater being |
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sent to the treatment facility, including the option of hauling the |
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wastewater to a permitted facility, the commission is not required |
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to enjoin the operation of the facility under Subsection (a) and may |
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impose other applicable penalties under this chapter. |
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SECTION 3. The changes in law made by this Act apply only to |
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a violation that occurs on or after the effective date of this Act. |
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A violation that occurs before the effective date of this Act is |
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governed by the law in effect on the date the violation occurred, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. 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, 2015. |