| 1 | 1 | | 88S30820 MP-D |
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| 2 | 2 | | By: Zwiener H.B. No. 205 |
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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 the consideration by the Texas Commission on |
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| 8 | 8 | | Environmental Quality of alternative waste collection, treatment, |
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| 9 | 9 | | and disposal options before issuing permits to discharge certain |
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| 10 | 10 | | waste. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 26.0282, Water Code, is amended to read |
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| 13 | 13 | | as follows: |
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| 14 | 14 | | Sec. 26.0282. CONSIDERATION OF NEED AND REGIONAL TREATMENT |
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| 15 | 15 | | OPTIONS. (a) In considering the issuance, amendment, or renewal of |
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| 16 | 16 | | a permit to discharge waste, the commission may deny or alter the |
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| 17 | 17 | | terms and conditions of the proposed permit, amendment, or renewal |
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| 18 | 18 | | based on consideration of need, including the expected volume and |
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| 19 | 19 | | quality of the influent and the availability of existing or |
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| 20 | 20 | | proposed areawide or regional waste collection, treatment, and |
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| 21 | 21 | | disposal systems not designated as such by commission order |
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| 22 | 22 | | pursuant to provisions of this subchapter. |
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| 23 | 23 | | (b) The commission may not issue, amend, or renew a permit |
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| 24 | 24 | | to discharge waste unless the applicant demonstrates to the |
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| 25 | 25 | | commission that it is not economically feasible for another holder |
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| 26 | 26 | | of a permit issued under this chapter to collect, treat, and dispose |
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| 27 | 27 | | of the waste proposed to be discharged by the applicant. |
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| 28 | 28 | | (c) This section is expressly directed to the control and |
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| 29 | 29 | | treatment of conventional pollutants normally found in domestic |
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| 30 | 30 | | wastewater. |
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| 31 | 31 | | SECTION 2. Section 26.0282, Water Code, as amended by this |
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| 32 | 32 | | Act, applies only to an application for the issuance, amendment, or |
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| 33 | 33 | | renewal of a permit that is filed with the Texas Commission on |
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| 34 | 34 | | Environmental Quality on or after the effective date of this |
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| 35 | 35 | | Act. An application for a permit filed before the effective date |
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| 36 | 36 | | of this Act is governed by the law in effect on the date of the |
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| 37 | 37 | | filing, and the former law is continued in effect for that purpose. |
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| 38 | 38 | | SECTION 3. This Act takes effect on the 91st day after the |
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| 39 | 39 | | last day of the legislative session. |
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