| 1 | 1 | | 81R299 SMH-D |
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| 2 | 2 | | By: Raymond H.B. No. 323 |
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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 the establishment of a program for detecting and giving |
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| 8 | 8 | | notice of an unauthorized discharge of industrial, municipal, or |
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| 9 | 9 | | other waste into any water in the state. |
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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 26.0425 to read as follows: |
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| 13 | 13 | | Sec. 26.0425. UNAUTHORIZED DISCHARGE DETECTION AND |
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| 14 | 14 | | NOTIFICATION PROGRAM. (a) The commission by rule shall establish a |
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| 15 | 15 | | program for detecting and giving notice of unauthorized discharges |
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| 16 | 16 | | of industrial, municipal, or other waste as provided by this |
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| 17 | 17 | | section. |
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| 18 | 18 | | (b) Under the program, the owner or operator of any source |
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| 19 | 19 | | of a discharge of pollutants into any water in the state that is an |
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| 20 | 20 | | industrial user or a publicly owned treatment works shall: |
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| 21 | 21 | | (1) by use of a gas chromatograph provided and |
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| 22 | 22 | | maintained by the owner or operator or by other means specified by |
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| 23 | 23 | | the commission sample any discharges from the industrial facility |
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| 24 | 24 | | or treatment works for purposes of detecting an unauthorized |
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| 25 | 25 | | discharge of industrial, municipal, or other waste; and |
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| 26 | 26 | | (2) promptly notify the commission by telephone, |
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| 27 | 27 | | facsimile, electronic mail, or other means specified by the |
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| 28 | 28 | | commission of any unauthorized discharge detected under |
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| 29 | 29 | | Subdivision (1). |
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| 30 | 30 | | (c) On receipt of notice under Subsection (b)(2), the |
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| 31 | 31 | | commission shall: |
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| 32 | 32 | | (1) promptly verify that an unauthorized discharge of |
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| 33 | 33 | | industrial, municipal, or other waste probably has occurred; and |
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| 34 | 34 | | (2) if the commission verifies that such an |
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| 35 | 35 | | unauthorized discharge probably has occurred, promptly give notice |
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| 36 | 36 | | by telephone, facsimile, electronic mail, or other means of the |
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| 37 | 37 | | unauthorized discharge to the owner or operator of each publicly |
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| 38 | 38 | | owned treatment works that is located downstream of the industrial |
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| 39 | 39 | | facility or treatment works at which the unauthorized discharge was |
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| 40 | 40 | | detected. |
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| 41 | 41 | | (d) The commission may require the owner or operator of an |
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| 42 | 42 | | industrial facility or publicly owned treatment works that gives |
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| 43 | 43 | | notice under Subsection (b)(2) of an unauthorized discharge to |
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| 44 | 44 | | provide to the commission samples of the contaminated water for |
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| 45 | 45 | | delivery by the commission to the owner or operator of any publicly |
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| 46 | 46 | | owned treatment works that is located downstream of the industrial |
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| 47 | 47 | | facility or treatment works at which the unauthorized discharge was |
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| 48 | 48 | | detected for use in studying the treatability of the water. |
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| 49 | 49 | | (e) The commission shall maintain a database of information |
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| 50 | 50 | | pertaining to discharges for which notice was provided under |
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| 51 | 51 | | Subsection (b)(2) for the purpose of analysis of those discharges. |
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| 52 | 52 | | (f) The commission shall provide training to the owner or |
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| 53 | 53 | | operator of each source of a discharge of pollutants into any water |
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| 54 | 54 | | in the state that is an industrial user or a publicly owned |
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| 55 | 55 | | treatment works in: |
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| 56 | 56 | | (1) maintaining and calibrating the gas chromatograph |
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| 57 | 57 | | or other means used by the owner or operator in detecting an |
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| 58 | 58 | | unauthorized discharge of industrial, municipal, or other waste; |
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| 59 | 59 | | and |
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| 60 | 60 | | (2) providing notice to the commission of unauthorized |
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| 61 | 61 | | discharges. |
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| 62 | 62 | | (g) The owner or operator of an industrial facility or |
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| 63 | 63 | | publicly owned treatment works must obtain the approval of the |
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| 64 | 64 | | commission before replacing or upgrading the gas chromatograph or |
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| 65 | 65 | | other means used by the owner or operator in detecting an |
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| 66 | 66 | | unauthorized discharge of industrial, municipal, or other waste. |
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| 67 | 67 | | SECTION 2. The Texas Commission on Environmental Quality |
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| 68 | 68 | | shall adopt rules under Section 26.0425, Water Code, as added by |
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| 69 | 69 | | this Act, not later than January 1, 2010. |
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| 70 | 70 | | SECTION 3. This Act takes effect immediately if it receives |
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| 71 | 71 | | a vote of two-thirds of all the members elected to each house, as |
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| 72 | 72 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 73 | 73 | | Act does not receive the vote necessary for immediate effect, this |
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| 74 | 74 | | Act takes effect September 1, 2009. |
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