1 | 1 | | H.B. No. 1922 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the authorization of certain reuse water system |
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6 | 6 | | contributions and discharges. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Subchapter B, Chapter 26, Water Code, is amended |
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9 | 9 | | by adding Section 26.0271 to read as follows: |
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10 | 10 | | Sec. 26.0271. PERMITS AUTHORIZING REUSE WATER SYSTEM |
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11 | 11 | | CONTRIBUTIONS AND DISCHARGES. (a) This section applies only to |
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12 | 12 | | wastewater treatment facilities operated by an agency of a |
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13 | 13 | | home-rule municipality with a population of one million or more. |
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14 | 14 | | (b) In any permit or amendment to a permit issued under this |
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15 | 15 | | chapter, at the request of the applicant the commission may |
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16 | 16 | | authorize a wastewater treatment facility to contribute treated |
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17 | 17 | | domestic wastewater produced by the facility as reclaimed water to |
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18 | 18 | | a reuse water system if the commission has approved the use of |
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19 | 19 | | reclaimed water from the wastewater treatment facility. |
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20 | 20 | | (c) In any permit or amendment to a permit issued under this |
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21 | 21 | | chapter, at the request of the applicant the commission shall |
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22 | 22 | | authorize, subject to any required approval by the United States |
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23 | 23 | | Environmental Protection Agency, a wastewater treatment facility |
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24 | 24 | | to: |
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25 | 25 | | (1) contribute reclaimed water into a reuse water |
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26 | 26 | | system operated by the agency; and |
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27 | 27 | | (2) discharge reclaimed water contributed to a reuse |
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28 | 28 | | water system at any outfall for which a discharge from the reuse |
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29 | 29 | | water system is authorized in any permit issued for any wastewater |
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30 | 30 | | treatment facility operated by the agency. |
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31 | 31 | | (d) For an effluent limitation violation occurring at an |
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32 | 32 | | outfall permitted for reuse water system discharges by more than |
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33 | 33 | | one wastewater treatment facility, the commission shall attribute |
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34 | 34 | | the violation to the wastewater treatment facility contributing the |
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35 | 35 | | reclaimed water causing the violation. For a violation that is not |
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36 | 36 | | directly attributable to a specific wastewater treatment facility, |
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37 | 37 | | the commission shall attribute the violation to the wastewater |
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38 | 38 | | treatment facility contributing the greatest volume of reclaimed |
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39 | 39 | | water to the reuse water system on the date of the violation. |
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40 | 40 | | SECTION 2. (a) The change in law made by Section 26.0271, |
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41 | 41 | | Water Code, as added by this Act, applies only to permits or |
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42 | 42 | | amendments to permits issued on or after the effective date of this |
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43 | 43 | | Act. A permit or permit amendment that was issued before the |
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44 | 44 | | effective date of this Act is governed by the law in effect at the |
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45 | 45 | | time the permit or amendment to the permit was issued, and the |
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46 | 46 | | former law is continued in effect for that purpose. |
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47 | 47 | | (b) It is the intent of the legislature that the change in |
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48 | 48 | | law made by Section 26.0271, Water Code, as added by this Act, does |
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49 | 49 | | not in any way alter the current law related to permits, amendments |
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50 | 50 | | to permits, authorizations, and other approvals for the |
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51 | 51 | | contribution or discharge of reclaimed water, including the |
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52 | 52 | | commission's current reclaimed water rules, as applied to any |
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53 | 53 | | entity other than a wastewater treatment facility operated by an |
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54 | 54 | | agency of a home-rule municipality with a population of one million |
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55 | 55 | | or more, including a municipality with a population of less than one |
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56 | 56 | | million. |
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57 | 57 | | SECTION 3. This Act takes effect immediately if it receives |
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58 | 58 | | a vote of two-thirds of all the members elected to each house, as |
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59 | 59 | | provided by Section 39, Article III, Texas Constitution. If this |
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60 | 60 | | Act does not receive the vote necessary for immediate effect, this |
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61 | 61 | | Act takes effect September 1, 2009. |
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62 | 62 | | ______________________________ ______________________________ |
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63 | 63 | | President of the Senate Speaker of the House |
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64 | 64 | | I certify that H.B. No. 1922 was passed by the House on April |
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65 | 65 | | 22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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66 | 66 | | voting. |
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67 | 67 | | ______________________________ |
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68 | 68 | | Chief Clerk of the House |
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69 | 69 | | I certify that H.B. No. 1922 was passed by the Senate on May |
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70 | 70 | | 21, 2009, by the following vote: Yeas 31, Nays 0. |
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71 | 71 | | ______________________________ |
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72 | 72 | | Secretary of the Senate |
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73 | 73 | | APPROVED: _____________________ |
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74 | 74 | | Date |
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75 | 75 | | _____________________ |
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76 | 76 | | Governor |
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