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A BILL TO BE ENTITLED
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AN ACT
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relating to permits for the discharge of waste or pollutants into |
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water that flows into certain areas of the Edwards Aquifer recharge |
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zone. |
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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 26.02711 to read as follows: |
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Sec. 26.02711. CONSIDERATION OF RECLAIMED WATER USE FOR |
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CERTAIN WASTEWATER DISPOSAL APPLICATIONS. (a) In this section, |
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"reclaimed water amount" means the minimum volume of reclaimed |
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water that can be guaranteed to be beneficially reused over a |
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specified time for a particular facility. The term includes |
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reclaimed water used for indoor or outdoor purposes. |
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(b) In considering a permit application by a wastewater |
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treatment facility for the land disposal of wastewater effluent in |
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an area where runoff from precipitation flows into the portion of |
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the Edwards Aquifer recharge zone that is southwest of the Colorado |
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River, the commission shall: |
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(1) for the purposes of facility design calculations, |
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subtract the reclaimed water amount from the total volume of |
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effluent in order to determine: |
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(A) the area of land required for effluent |
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disposal; and |
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(B) the amount of effluent storage required; and |
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(2) adopt a procedure for the applicant to demonstrate |
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the reclaimed water amount that includes provisions to ensure that |
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no unauthorized discharge of effluent to the waters of the state or |
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contamination of groundwater will occur. |
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(c) The addition or modification of users or areas used in |
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the land disposal of wastewater effluent in a demonstration of a |
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reclaimed water amount is not a major amendment to the permit if: |
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(1) the volume of the reclaimed water amount is not |
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decreased; and |
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(2) the applicant complies with the procedure |
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established by the commission for the demonstration of the |
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reclaimed water amount. |
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(d) An applicant demonstrating a reclaimed water amount |
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under this section must obtain a beneficial reuse authorization |
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from the commission before the operation of the facility. |
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SECTION 2. Subchapter B, Chapter 26, Water Code, is amended |
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by adding Section 26.0462 to read as follows: |
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Sec. 26.0462. RESTRICTION ON PERMITS FOR DIRECT DISCHARGES |
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INTO WATER THAT FLOWS INTO CERTAIN AREAS OF EDWARDS AQUIFER |
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RECHARGE ZONE. (a) This section applies only to a permit for the |
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direct discharge of waste or pollutants in the geographic area |
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described in Subsection (b). This section does not affect |
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definitions related to the Edwards Aquifer as they are used outside |
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this section, including definitions of: |
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(1) Edwards Aquifer; |
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(2) Edwards Aquifer contributing zone; |
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(3) Edwards Aquifer recharge zone; and |
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(4) Edwards Aquifer transition zone. |
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(b) The commission may not: |
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(1) issue a new permit authorizing the direct |
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discharge of waste or pollutants into: |
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(A) the Nueces, San Antonio, and Guadalupe River |
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watersheds located in or north and west of the Edwards Aquifer |
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recharge zone; or |
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(B) the portion of the Colorado River watershed |
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located in Blanco, Hays, and Travis Counties that drains to or |
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includes the Edwards Aquifer recharge zone southwest of the |
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Colorado River; or |
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(2) amend a permit issued before September 1, 2017, to |
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authorize an increase in the amount of waste or pollutants that may |
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be directly discharged into any water described by Subdivision (1). |
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(c) This section: |
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(1) does not affect the authority of the commission to |
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authorize stormwater and certain non-stormwater discharges as |
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specified in: |
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(A) the commission's individual permits for |
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municipal separate storm sewer systems; and |
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(B) the commission's general permits for |
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stormwater and associated non-stormwater discharges; and |
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(2) does not apply to on-site sewage disposal systems. |
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SECTION 3. The change in law made by this Act applies only |
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to an application for a permit or permit amendment that is submitted |
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to the Texas Commission on Environmental Quality on or after the |
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effective date of this Act. An application for a 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 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, 2017. |