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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance by the Texas Commission on Environmental |
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Quality of permits for certain wastewater treatment facilities. |
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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 26.054 to read as follows: |
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Sec. 26.054. CONDITIONS OF PERMIT FOR PACKAGE PLANT. (a) |
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In this section, "package plant" means a pre-manufactured |
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wastewater treatment facility with a capacity of less than 500,000 |
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gallons per day. The term includes an extended aeration plant, |
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sequencing batch reactor, or oxidation ditch. |
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(b) The commission may not issue a permit for a proposed |
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package plant that is located within 1,000 feet of a municipal |
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wastewater line. |
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(c) The commission may issue a permit for a proposed package |
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plant only if the applicant demonstrates to the commission that: |
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(1) the applicant will implement measures to ensure |
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the security and weatherization of the package plant; |
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(2) the applicant has financial assurance adequate to |
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provide for future maintenance of the package plant; |
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(3) the owner or operator of a permitted wastewater |
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treatment facility or wastewater collection system located within |
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three miles of the service area of the proposed package plant has |
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affirmatively denied a request by the applicant or the owner of the |
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property to be served by the proposed package plant for the |
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provision of the same or similar service to be provided by the |
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proposed package plant; |
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(4) the cumulative effect of the discharge of |
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wastewater from the proposed package plant considered together with |
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the discharge of wastewater from other permitted facilities on the |
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proposed disposal route will not result in an increase in |
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environmental degradation; and |
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(5) the applicant: |
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(A) does not owe delinquent fees to the |
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commission; |
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(B) is not subject to an unresolved |
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administrative order issued by the commission; and |
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(C) within the 10 years preceding the date the |
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applicant filed the application, has not had a repeated or |
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unresolved violation that cannot be remediated by a major amendment |
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to a permit issued by the commission or the operation of a new |
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permitted facility. |
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SECTION 2. Section 26.054, Water Code, as added by this Act, |
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applies only to an application for the issuance of a permit that is |
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filed with the Texas Commission on Environmental Quality on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |