| 1 | 1 | | 81R3887 JAM-F |
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| 2 | 2 | | By: Bolton H.B. No. 1508 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a restriction on permits authorizing direct discharges |
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| 8 | 8 | | of waste or pollutants into water in certain areas associated with |
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| 9 | 9 | | the Barton Springs segment of the Edwards Aquifer. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 26, Water Code, is amended |
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| 12 | 12 | | by adding Section 26.0462 to read as follows: |
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| 13 | 13 | | Sec. 26.0462. RESTRICTION ON PERMITS FOR DIRECT DISCHARGES |
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| 14 | 14 | | OF WASTE OR POLLUTANTS INTO WATER IN CERTAIN ZONES OF BARTON SPRINGS |
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| 15 | 15 | | SEGMENT OF EDWARDS AQUIFER. (a) The commission may not: |
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| 16 | 16 | | (1) issue a new permit authorizing the direct |
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| 17 | 17 | | discharge of waste or pollutants into any water in: |
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| 18 | 18 | | (A) the portion of the recharge zone of the |
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| 19 | 19 | | Barton Springs segment of the Edwards Aquifer that is under the |
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| 20 | 20 | | jurisdiction of the Barton Springs-Edwards Aquifer Conservation |
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| 21 | 21 | | District; or |
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| 22 | 22 | | (B) the contributing zone associated with the |
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| 23 | 23 | | recharge zone described by Paragraph (A); or |
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| 24 | 24 | | (2) amend a permit issued before September 1, 2009, to |
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| 25 | 25 | | authorize an increase in the amount of waste or pollutants that may |
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| 26 | 26 | | be directly discharged into any water described by Subdivision (1). |
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| 27 | 27 | | (b) This section does not affect the authority of the |
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| 28 | 28 | | commission to authorize stormwater and certain non-stormwater |
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| 29 | 29 | | discharges as specified in: |
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| 30 | 30 | | (1) the commission's individual permits for municipal |
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| 31 | 31 | | separate storm sewer systems; and |
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| 32 | 32 | | (2) the commission's general permits for stormwater |
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| 33 | 33 | | and associated non-stormwater discharges from small municipal |
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| 34 | 34 | | separate storm sewer systems, industrial facilities, and |
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| 35 | 35 | | construction activities. |
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| 36 | 36 | | SECTION 2. The change in law made by this Act applies only |
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| 37 | 37 | | to an application for a permit or permit amendment that is submitted |
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| 38 | 38 | | to the Texas Commission on Environmental Quality on or after the |
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| 39 | 39 | | effective date of this Act. An application for a permit or permit |
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| 40 | 40 | | amendment that was submitted to the Texas Commission on |
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| 41 | 41 | | Environmental Quality before the effective date of this Act is |
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| 42 | 42 | | governed by the law in effect at the time the application was filed, |
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| 43 | 43 | | and the former law is continued in effect for that purpose. |
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| 44 | 44 | | SECTION 3. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2009. |
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