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A BILL TO BE ENTITLED
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AN ACT
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relating to emergency orders suspending, administrative and civil |
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actions enjoining, and penalties for operating certain wastewater |
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treatment facilities without a permit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 5, Subchapter L, Water Code, is amended |
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by adding Section 5.5146, as follows: |
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Sec. 5.5146. EMERGENCY ORDER CONCERNING OPERATION OF |
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CERTAIN WASTEWATER TREATMENT FACILITIES WITHOUT PERMIT. |
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(a) The commission may issue an emergency order under this |
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subchapter suspending operations of a domestic wastewater |
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treatment facility that is required to obtain a permit from the |
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commission and is operating without the required permit. |
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SECTION 2. Chapter 7, Subchapter B, Water Code, is amended |
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by adding Section 7.035, as follows: |
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Sec. 7.035. CORRECTIVE ACTION RELATING TO CERTAIN |
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WASTEWATER TREATMENT FACILITIES. |
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(a) Except as provided in Subsection (b), if the commission |
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determines that a domestic wastewater treatment facility that is |
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required to obtain a permit from the commission is operating |
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without the required permit, the commission shall: |
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(1) issue an order enjoining further operation of the |
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facility until the commission has issued a permit authorizing the |
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operation and imposing an administrative penalty pursuant to |
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Section 7.052(c); or |
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(2) institute a civil action under Subchapter D to |
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enjoin further operation of the facility until the commission has |
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issued a permit authorizing the operation and to impose a civil |
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penalty; |
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(b) The commission may initiate alternative enforcement |
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action under this Chapter if the commission determines there is no |
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feasible alternative treatment or disposal option for the waste |
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stream being sent to the facility, including the option of hauling |
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the waste stream to a permitted facility. |
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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 5. 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. |