86R12288 MP-F
By: Taylor S.B. No. 2394
A BILL TO BE ENTITLED
AN ACT
relating to reporting requirements for certain accidental
discharges or spills.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 26.039(b) and (g), Water Code, are
amended to read as follows:
(b) Except as provided by Subsection (g), whenever an
accidental discharge or spill occurs at or from any activity or
facility which causes or may cause pollution, the individual
operating, in charge of, or responsible for the activity or
facility shall notify the commission and the county judge of the
county in which the spill or discharge occurred as soon as possible
and not later than 24 hours after the occurrence. The individual's
notice to the commission and county judge must include the
location, volume, and content of the discharge or spill.
(g) The individual is not required to notify the commission
or a county judge of an accidental discharge or spill of treated or
untreated domestic wastewater under Subsection (b) or officials or
media under Subsection (e) of a single accidental discharge or
spill that:
(1) occurs at a wastewater treatment or collection
facility owned or operated by a local government;
(2) has a volume of 1,000 gallons or less;
(3) is not associated with another simultaneous
accidental discharge or spill;
(4) is controlled or removed before the accidental
discharge or spill:
(A) enters water in the state; or
(B) adversely affects a public or private source
of drinking water;
(5) will not endanger human health or safety or the
environment; and
(6) is not otherwise subject to local regulatory
control and reporting requirements.
SECTION 2. 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, 2019.