81R299 SMH-D
By: Raymond H.B. No. 323
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a program for detecting and giving
notice of an unauthorized discharge of industrial, municipal, or
other waste into any water in the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 26, Water Code, is amended
by adding Section 26.0425 to read as follows:
Sec. 26.0425. UNAUTHORIZED DISCHARGE DETECTION AND
NOTIFICATION PROGRAM. (a) The commission by rule shall establish a
program for detecting and giving notice of unauthorized discharges
of industrial, municipal, or other waste as provided by this
section.
(b) Under the program, the owner or operator of any source
of a discharge of pollutants into any water in the state that is an
industrial user or a publicly owned treatment works shall:
(1) by use of a gas chromatograph provided and
maintained by the owner or operator or by other means specified by
the commission sample any discharges from the industrial facility
or treatment works for purposes of detecting an unauthorized
discharge of industrial, municipal, or other waste; and
(2) promptly notify the commission by telephone,
facsimile, electronic mail, or other means specified by the
commission of any unauthorized discharge detected under
Subdivision (1).
(c) On receipt of notice under Subsection (b)(2), the
commission shall:
(1) promptly verify that an unauthorized discharge of
industrial, municipal, or other waste probably has occurred; and
(2) if the commission verifies that such an
unauthorized discharge probably has occurred, promptly give notice
by telephone, facsimile, electronic mail, or other means of the
unauthorized discharge to the owner or operator of each publicly
owned treatment works that is located downstream of the industrial
facility or treatment works at which the unauthorized discharge was
detected.
(d) The commission may require the owner or operator of an
industrial facility or publicly owned treatment works that gives
notice under Subsection (b)(2) of an unauthorized discharge to
provide to the commission samples of the contaminated water for
delivery by the commission to the owner or operator of any publicly
owned treatment works that is located downstream of the industrial
facility or treatment works at which the unauthorized discharge was
detected for use in studying the treatability of the water.
(e) The commission shall maintain a database of information
pertaining to discharges for which notice was provided under
Subsection (b)(2) for the purpose of analysis of those discharges.
(f) The commission shall provide training to the owner or
operator of each source of a discharge of pollutants into any water
in the state that is an industrial user or a publicly owned
treatment works in:
(1) maintaining and calibrating the gas chromatograph
or other means used by the owner or operator in detecting an
unauthorized discharge of industrial, municipal, or other waste;
and
(2) providing notice to the commission of unauthorized
discharges.
(g) The owner or operator of an industrial facility or
publicly owned treatment works must obtain the approval of the
commission before replacing or upgrading the gas chromatograph or
other means used by the owner or operator in detecting an
unauthorized discharge of industrial, municipal, or other waste.
SECTION 2. The Texas Commission on Environmental Quality
shall adopt rules under Section 26.0425, Water Code, as added by
this Act, not later than January 1, 2010.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.