| 1 | 1 | | 86R12288 MP-F |
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| 2 | 2 | | By: Paul H.B. No. 3805 |
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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 reporting requirements for certain accidental |
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| 8 | 8 | | discharges or spills. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 26.039(b) and (g), Water Code, are |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (b) Except as provided by Subsection (g), whenever an |
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| 13 | 13 | | accidental discharge or spill occurs at or from any activity or |
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| 14 | 14 | | facility which causes or may cause pollution, the individual |
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| 15 | 15 | | operating, in charge of, or responsible for the activity or |
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| 16 | 16 | | facility shall notify the commission and the county judge of the |
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| 17 | 17 | | county in which the spill or discharge occurred as soon as possible |
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| 18 | 18 | | and not later than 24 hours after the occurrence. The individual's |
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| 19 | 19 | | notice to the commission and county judge must include the |
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| 20 | 20 | | location, volume, and content of the discharge or spill. |
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| 21 | 21 | | (g) The individual is not required to notify the commission |
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| 22 | 22 | | or a county judge of an accidental discharge or spill of treated or |
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| 23 | 23 | | untreated domestic wastewater under Subsection (b) or officials or |
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| 24 | 24 | | media under Subsection (e) of a single accidental discharge or |
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| 25 | 25 | | spill that: |
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| 26 | 26 | | (1) occurs at a wastewater treatment or collection |
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| 27 | 27 | | facility owned or operated by a local government; |
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| 28 | 28 | | (2) has a volume of 1,000 gallons or less; |
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| 29 | 29 | | (3) is not associated with another simultaneous |
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| 30 | 30 | | accidental discharge or spill; |
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| 31 | 31 | | (4) is controlled or removed before the accidental |
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| 32 | 32 | | discharge or spill: |
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| 33 | 33 | | (A) enters water in the state; or |
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| 34 | 34 | | (B) adversely affects a public or private source |
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| 35 | 35 | | of drinking water; |
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| 36 | 36 | | (5) will not endanger human health or safety or the |
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| 37 | 37 | | environment; and |
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| 38 | 38 | | (6) is not otherwise subject to local regulatory |
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| 39 | 39 | | control and reporting requirements. |
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| 40 | 40 | | SECTION 2. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2019. |
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