| 1 | 1 | | By: Middleton S.B. No. 2552 |
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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 test gathering requirements for certain wastewater |
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| 7 | 7 | | treatment facilities. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 26, Water Code, is amended by adding |
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| 10 | 10 | | Section 26.054 to read as follows: |
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| 11 | 11 | | Sec. 26.054. WASTEWATER DATA GATHERING REQUIREMENTS (a) |
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| 12 | 12 | | The commission shall require testing through an accredited or |
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| 13 | 13 | | certified environmental testing laboratory for the compounds |
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| 14 | 14 | | listed in subsection (f).For every wastewater treatment facility |
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| 15 | 15 | | required to be tested under this section, the following shall be |
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| 16 | 16 | | tested: |
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| 17 | 17 | | (1) Wastewater influent before entering a facility for |
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| 18 | 18 | | treatment, including influent derived from industrial, cooling, |
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| 19 | 19 | | leachate, return flow, surface runoff, and urban runoff sources; |
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| 20 | 20 | | (2) Grit and debris separated before taken to a |
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| 21 | 21 | | landfill; |
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| 22 | 22 | | (3) Raw sewage; |
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| 23 | 23 | | (4) Pre-treated sewage; |
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| 24 | 24 | | (5) Biosolids; |
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| 25 | 25 | | (6) Sludge produced in wastewater treatment; |
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| 26 | 26 | | (7) Effluent departing wastewater treatment plant; |
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| 27 | 27 | | (8) Groundwater; |
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| 28 | 28 | | (9) Surface water; |
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| 29 | 29 | | (10) Water upon entering drinking water treatment |
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| 30 | 30 | | plant; |
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| 31 | 31 | | (11) Treated water departing drinking water treatment |
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| 32 | 32 | | plant; and |
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| 33 | 33 | | (12) Public drinking water. |
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| 34 | 34 | | (b) The commission shall select testing locations that are |
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| 35 | 35 | | reasonably representative of the typical water systems in the |
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| 36 | 36 | | community and shall avoid non-representative locations. The |
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| 37 | 37 | | commission may conduct more than one test in a particular category |
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| 38 | 38 | | to ensure reasonably representative results. |
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| 39 | 39 | | (c) Testing as described in Subsection (a) shall occur at |
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| 40 | 40 | | every wastewater treatment plant within ten (10) miles of every |
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| 41 | 41 | | city with a population of at least 250,000. |
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| 42 | 42 | | (d) In addition to the testing shall occur in no fewer than: |
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| 43 | 43 | | (1) ten (10) wastewater treatment plants within ten |
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| 44 | 44 | | (10) miles of cities with populations between 100,000 and 250,000; |
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| 45 | 45 | | (2) ten (10) wastewater treatment plants within ten |
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| 46 | 46 | | (10) miles of cities with populations between 25,000 and 100,000; |
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| 47 | 47 | | and |
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| 48 | 48 | | (3) ten (10) wastewater treatment plants within ten |
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| 49 | 49 | | (10) miles of cities with populations below 25,000. |
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| 50 | 50 | | (e) The commission shall require testing once each calendar |
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| 51 | 51 | | quarter. |
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| 52 | 52 | | (f) The commission shall require testing for each of the |
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| 53 | 53 | | following urinary metabolites in the form of glucronytes: |
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| 54 | 54 | | (1) Benzophenone; |
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| 55 | 55 | | (2) Bisphenol A; |
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| 56 | 56 | | (3) Estrone; |
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| 57 | 57 | | (4) Ethynylestradiol; |
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| 58 | 58 | | (5) Musk Ketone; |
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| 59 | 59 | | (6) Pregnanediol; |
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| 60 | 60 | | (7) Testosterone; |
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| 61 | 61 | | (8) Tonalide (AHTN); |
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| 62 | 62 | | (9) 11β-[p-(Dimethylamino)phenyl]-17α-(1-propynyl)es |
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| 63 | 63 | | tra-4,9-dien-17β-ol-3-one;and |
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| 64 | 64 | | (10) any other organic substances as deemed necessary |
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| 65 | 65 | | by the commission. |
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| 66 | 66 | | (g) In addition to records required to be kept in the normal |
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| 67 | 67 | | course of water testing, the commission shall keep detailed records |
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| 68 | 68 | | of all testing conducted under this section, including: |
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| 69 | 69 | | (1) the date and location of sampling; |
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| 70 | 70 | | (2) date of testing; and |
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| 71 | 71 | | (3) the results of testing in nanograms per liter. |
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| 72 | 72 | | (h) The commission shall post quarterly on its Internet |
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| 73 | 73 | | website all reports, test results, and records required under this |
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| 74 | 74 | | section. |
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| 75 | 75 | | SECTION 2. This Act takes effect immediately if it receives |
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| 76 | 76 | | a vote of two-thirds of all the members elected to each house, as |
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| 77 | 77 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 78 | 78 | | Act does not receive the vote necessary for immediate effect, this |
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| 79 | 79 | | Act takes effect September 1, 2023. |
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