88S30820 MP-D
 
  By: Zwiener H.B. No. 205
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the consideration by the Texas Commission on
  Environmental Quality of alternative waste collection, treatment,
  and disposal options before issuing permits to discharge certain
  waste.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 26.0282, Water Code, is amended to read
  as follows:
         Sec. 26.0282.  CONSIDERATION OF NEED AND REGIONAL TREATMENT
  OPTIONS. (a) In considering the issuance, amendment, or renewal of
  a permit to discharge waste, the commission may deny or alter the
  terms and conditions of the proposed permit, amendment, or renewal
  based on consideration of need, including the expected volume and
  quality of the influent and the availability of existing or
  proposed areawide or regional waste collection, treatment, and
  disposal systems not designated as such by commission order
  pursuant to provisions of this subchapter.
         (b)  The commission may not issue, amend, or renew a permit
  to discharge waste unless the applicant demonstrates to the
  commission that it is not economically feasible for another holder
  of a permit issued under this chapter to collect, treat, and dispose
  of the waste proposed to be discharged by the applicant.
         (c)  This section is expressly directed to the control and
  treatment of conventional pollutants normally found in domestic
  wastewater.
         SECTION 2.  Section 26.0282, Water Code, as amended by this
  Act, applies only to an application for the issuance, amendment, or
  renewal of a permit that is filed with the Texas Commission on
  Environmental Quality on or after the effective date of this
  Act.  An application for a permit filed before the effective date
  of this Act is governed by the law in effect on the date of the
  filing, and the former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect on the 91st day after the
  last day of the legislative session.