By: Guillen H.B. No. 3264
A BILL TO BE ENTITLED
AN ACT
relating to emergency orders suspending, administrative and civil
actions enjoining, and penalties for operating certain wastewater
treatment facilities without a permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 5, Subchapter L, Water Code, is amended
by adding Section 5.5146, as follows:
Sec. 5.5146. EMERGENCY ORDER CONCERNING OPERATION OF
CERTAIN WASTEWATER TREATMENT FACILITIES WITHOUT PERMIT.
(a) The commission may issue an emergency order under this
subchapter suspending operations of a domestic wastewater
treatment facility that is required to obtain a permit from the
commission and is operating without the required permit.
SECTION 2. Chapter 7, Subchapter B, Water Code, is amended
by adding Section 7.035, as follows:
Sec. 7.035. CORRECTIVE ACTION RELATING TO CERTAIN
WASTEWATER TREATMENT FACILITIES.
(a) Except as provided in Subsection (b), if the commission
determines that a domestic wastewater treatment facility that is
required to obtain a permit from the commission is operating
without the required permit, the commission shall:
(1) issue an order enjoining further operation of the
facility until the commission has issued a permit authorizing the
operation and imposing an administrative penalty pursuant to
Section 7.052(c); or
(2) institute a civil action under Subchapter D to
enjoin further operation of the facility until the commission has
issued a permit authorizing the operation and to impose a civil
penalty;
(b) The commission may initiate alternative enforcement
action under this Chapter if the commission determines there is no
feasible alternative treatment or disposal option for the waste
stream being sent to the facility, including the option of hauling
the waste stream to a permitted facility.
SECTION 3. The changes in law made by this Act apply only to
a violation that occurs on or after the effective date of this Act.
A violation that occurs before the effective date of this Act is
governed by the law in effect on the date the violation occurred,
and the former law is continued in effect for that purpose.
SECTION 5. 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, 2015.