| 6 | 4 | | AN ACT |
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| 7 | 5 | | relating to a volume-based exemption from reporting requirements |
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| 8 | 6 | | for certain accidental discharges or spills from wastewater |
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| 9 | 7 | | facilities. |
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| 10 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 9 | | SECTION 1. Section 26.039, Water Code, is amended by |
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| 12 | 10 | | amending Subsections (b) and (e) and adding Subsections (g), (h), |
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| 13 | 11 | | (i), and (j) to read as follows: |
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| 14 | 12 | | (b) Except as provided by Subsection (g), whenever |
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| 15 | 13 | | [Whenever] an accidental discharge or spill occurs at or from any |
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| 16 | 14 | | activity or facility which causes or may cause pollution, the |
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| 17 | 15 | | individual operating, in charge of, or responsible for the activity |
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| 18 | 16 | | or facility shall notify the commission as soon as possible and not |
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| 19 | 17 | | later than 24 hours after the occurrence. The individual's notice |
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| 20 | 18 | | to the commission must include the location, volume, and content of |
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| 21 | 19 | | the discharge or spill. |
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| 22 | 20 | | (e) Except as provided by Subsection (g), if [If] an |
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| 23 | 21 | | accidental discharge or spill described by Subsection (b) from a |
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| 24 | 22 | | wastewater treatment or collection facility owned or operated by a |
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| 25 | 23 | | local government may adversely affect a public or private source of |
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| 26 | 24 | | drinking water, the individual shall also notify appropriate local |
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| 27 | 25 | | government officials and local media. |
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| 28 | 26 | | (g) The individual is not required to notify the commission |
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| 29 | 27 | | of an accidental discharge or spill of treated or untreated |
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| 30 | 28 | | domestic wastewater under Subsection (b) or officials or media |
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| 31 | 29 | | under Subsection (e) of a single accidental discharge or spill |
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| 32 | 30 | | that: |
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| 33 | 31 | | (1) occurs at a wastewater treatment or collection |
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| 34 | 32 | | facility owned or operated by a local government; |
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| 35 | 33 | | (2) has a volume of 1,000 gallons or less; |
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| 36 | 34 | | (3) is not associated with another simultaneous |
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| 37 | 35 | | accidental discharge or spill; |
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| 38 | 36 | | (4) is controlled or removed before the accidental |
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| 39 | 37 | | discharge or spill: |
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| 40 | 38 | | (A) enters water in the state; or |
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| 41 | 39 | | (B) adversely affects a public or private source |
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| 42 | 40 | | of drinking water; |
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| 43 | 41 | | (5) will not endanger human health or safety or the |
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| 44 | 42 | | environment; and |
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| 45 | 43 | | (6) is not otherwise subject to local regulatory |
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| 46 | 44 | | control and reporting requirements. |
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| 47 | 45 | | (h) The commission by rule shall establish standard methods |
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| 48 | 46 | | for calculating the volume of an accidental discharge or spill to be |
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| 49 | 47 | | used for the purposes of this section. |
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| 50 | 48 | | (i) The individual shall calculate the volume of an |
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| 51 | 49 | | accidental discharge or spill using an established standard method |
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| 52 | 50 | | to determine whether the discharge or spill is exempted under |
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| 53 | 51 | | Subsection (g) from the notification requirements of this section. |
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| 54 | 52 | | (j) The individual shall submit to the commission at least |
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| 55 | 53 | | once each month a summary of accidental discharges and spills |
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| 56 | 54 | | described by Subsection (g) that occurred during the preceding |
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| 57 | 55 | | month. The commission by rule shall: |
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| 58 | 56 | | (1) consider the compliance history of the individual; |
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| 59 | 57 | | and |
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| 60 | 58 | | (2) establish procedures for formatting and |
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| 61 | 59 | | submitting a summary, including requirements that a summary include |
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| 62 | 60 | | the location, volume, and content of each accidental discharge or |
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| 63 | 61 | | spill. |
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| 64 | 62 | | SECTION 2. (a) Not later than June 1, 2016, the Texas |
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| 65 | 63 | | Commission on Environmental Quality shall adopt rules necessary to |
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| 66 | 64 | | implement Section 26.039, Water Code, as amended by this Act. |
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| 67 | 65 | | (b) The change in law made by this Act applies only to an |
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| 68 | 66 | | offense committed on or after the effective date of a rule adopted |
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| 69 | 67 | | by the Texas Commission on Environmental Quality under this |
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| 70 | 68 | | section. For purposes of this section, an offense was committed |
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| 71 | 69 | | before the effective date of a rule adopted by the Texas Commission |
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| 72 | 70 | | on Environmental Quality under this section if any element of the |
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| 73 | 71 | | offense occurred before that date. |
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| 74 | 72 | | (c) An offense committed before the effective date of a rule |
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| 75 | 73 | | adopted by the Texas Commission on Environmental Quality under this |
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| 76 | 74 | | section is governed by the law in effect on the date the offense was |
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| 77 | 75 | | committed, and the former law is continued in effect for that |
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| 78 | 76 | | purpose. |
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| 79 | 77 | | SECTION 3. This Act takes effect September 1, 2015. |
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