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