| 1 | 1 | | By: Zwiener H.B. No. 4489 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to a restriction on permits authorizing direct discharges |
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| 7 | 7 | | of waste or pollutants into water in certain areas associated with |
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| 8 | 8 | | the Barton Springs segment of the Edwards Aquifer. |
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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. Subchapter B, Chapter 26, Water Code, is amended |
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| 11 | 11 | | by adding Section 26.0462 to read as follows: |
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| 12 | 12 | | Sec. 26.0462. RESTRICTIONS ON PERMITS FOR DIRECT DISCHARGES |
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| 13 | 13 | | OF WASTE OR POLLUTANTS INTO WATER IN CERTAIN ZONES OF BARTON SPRINGS |
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| 14 | 14 | | SEGMENT OF EDWARDS AQUIFER. (a) In this section: |
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| 15 | 15 | | (1) "Advanced water treatment facility" means a |
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| 16 | 16 | | facility that uses water and wastewater treatment technology that: |
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| 17 | 17 | | (A) meets the primary and secondary drinking |
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| 18 | 18 | | water standards promulgated by the commission; |
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| 19 | 19 | | (B) does not contribute to adverse toxic effects |
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| 20 | 20 | | on: |
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| 21 | 21 | | (i) aquatic life in the receiving water; or |
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| 22 | 22 | | (ii) human health resulting from the |
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| 23 | 23 | | consumption of aquatic organisms or water from, or from water |
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| 24 | 24 | | recreation in, the receiving water; and |
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| 25 | 25 | | (C) achieves a daily average concentration of: |
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| 26 | 26 | | (i) total phosphorus in the effluent of |
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| 27 | 27 | | less than 0.2 milligrams per liter; and |
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| 28 | 28 | | (ii) total nitrogen in the effluent of less |
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| 29 | 29 | | than 8 milligrams per liter. |
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| 30 | 30 | | (2) "Edwards Aquifer water quality protection area" |
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| 31 | 31 | | means: |
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| 32 | 32 | | (A) the Nueces, San Antonio, and Guadalupe River |
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| 33 | 33 | | watersheds located north and west of the Edwards Aquifer recharge |
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| 34 | 34 | | zone; and |
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| 35 | 35 | | (B) the portion of the Colorado River watershed |
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| 36 | 36 | | located in Blanco, Hays, and Travis Counties that drains to the |
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| 37 | 37 | | Edwards Aquifer recharge zone southwest of the Colorado River. |
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| 38 | 38 | | (b) The commission may not: |
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| 39 | 39 | | (1) issue a new permit authorizing the direct |
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| 40 | 40 | | discharge of waste or pollutants into any water in the Edwards |
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| 41 | 41 | | Aquifer water quality protection area; or |
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| 42 | 42 | | (2) amend a permit issued before September 1, 2021, to |
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| 43 | 43 | | authorize an increase in the amount of waste or pollutants that may |
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| 44 | 44 | | be directly discharged into the Edwards Aquifer water quality |
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| 45 | 45 | | protection area. |
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| 46 | 46 | | (c) The commission shall adopt standards necessary to |
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| 47 | 47 | | require permit holders maintain wastewater storage capacity for a |
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| 48 | 48 | | minimum of 7 days. |
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| 49 | 49 | | (d) This section does not: |
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| 50 | 50 | | (1) affect the authority of the commission to |
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| 51 | 51 | | authorize: |
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| 52 | 52 | | (A) the direct discharge of water into the |
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| 53 | 53 | | Edwards Aquifer water quality protection area from an advanced |
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| 54 | 54 | | water treatment facility under a Texas pollutant discharge |
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| 55 | 55 | | elimination system permit if all requirements for the discharge |
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| 56 | 56 | | permit are satisfied; or |
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| 57 | 57 | | (B) stormwater and certain non-stormwater |
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| 58 | 58 | | discharges as specified in: |
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| 59 | 59 | | (i) the commission's individual permits for |
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| 60 | 60 | | municipal separate storm sewer systems; and |
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| 61 | 61 | | (ii) the commission's general permits for |
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| 62 | 62 | | stormwater and associated non-stormwater discharges; or |
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| 63 | 63 | | (2) apply to on-site sewage disposal systems. |
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| 64 | 64 | | (e) Nothing in this section shall be construed to prevent |
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| 65 | 65 | | the commission from setting permit limits more stringent than those |
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| 66 | 66 | | set forth above for advanced water treatment facilities. |
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| 67 | 67 | | SECTION 2. The change in law made by this Act applies only |
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| 68 | 68 | | to an application for a permit or permit amendment that is submitted |
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| 69 | 69 | | to the Texas Commission on Environmental Quality on or after the |
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| 70 | 70 | | effective date of this Act. An application for a permit or permit |
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| 71 | 71 | | amendment that was submitted to the Texas Commission on |
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| 72 | 72 | | Environmental Quality before the effective date of this Act is |
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| 73 | 73 | | governed by the law in effect at the time the application was filed, |
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| 74 | 74 | | and the former law is continued in effect for that purpose. set |
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| 75 | 75 | | forth above for an advanced water treatment facility. |
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| 76 | 76 | | SECTION 3. This Act takes effect immediately if it receives |
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| 77 | 77 | | a vote of two-thirds of all the members elected to each house, as |
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| 78 | 78 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 79 | 79 | | Act does not receive the vote necessary for immediate effect, this |
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| 80 | 80 | | Act takes effect September 1, 2021. |
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