| 2 | | - | (In the Senate - Filed February 24, 2025; March 10, 2025, |
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| 3 | | - | read first time and referred to Committee on Water, Agriculture and |
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| 4 | | - | Rural Affairs; April 29, 2025, reported adversely, with favorable |
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| 5 | | - | Committee Substitute by the following vote: Yeas 9, Nays 0; |
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| 6 | | - | April 29, 2025, sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 8 | | - | COMMITTEE SUBSTITUTE FOR S.B. No. 1586 By: Hancock |
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| 9 | 3 | | |
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| 10 | 4 | | |
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| 11 | 5 | | |
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| 12 | 6 | | |
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| 13 | 7 | | A BILL TO BE ENTITLED |
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| 14 | 8 | | AN ACT |
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| 15 | 9 | | relating to the issuance by the Texas Commission on Environmental |
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| 16 | 10 | | Quality of permits for certain wastewater treatment facilities. |
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| 17 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 18 | 12 | | SECTION 1. Subchapter B, Chapter 26, Water Code, is amended |
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| 19 | 13 | | by adding Section 26.054 to read as follows: |
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| 20 | 14 | | Sec. 26.054. CONDITIONS OF PERMIT FOR PACKAGE PLANT. (a) |
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| 21 | 15 | | In this section, "package plant" means a pre-manufactured |
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| 22 | 16 | | wastewater treatment facility with a capacity of less than 500,000 |
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| 23 | 17 | | gallons per day. The term includes an extended aeration plant, |
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| 24 | 18 | | sequencing batch reactor, or oxidation ditch. |
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| 25 | 19 | | (b) The commission may not issue a permit for a proposed |
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| 26 | 20 | | package plant that is located within 1,000 feet of a municipal |
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| 27 | 21 | | wastewater line. |
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| 28 | 22 | | (c) The commission may issue a permit for a proposed package |
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| 29 | | - | plant only if the applicant demonstrates to the commission that: |
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| 30 | | - | (1) the applicant will implement measures to ensure |
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| 31 | | - | the security and weatherization of the package plant; |
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| 32 | | - | (2) the applicant has financial assurance adequate to |
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| 33 | | - | provide for future maintenance of the package plant; |
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| 34 | | - | (3) the owner or operator of a permitted wastewater |
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| 35 | | - | treatment facility or wastewater collection system located within |
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| 36 | | - | three miles of the service area of the proposed package plant has |
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| 37 | | - | affirmatively denied a request by the applicant or the owner of the |
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| 38 | | - | property to be served by the proposed package plant for the |
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| 39 | | - | provision of the same or similar service to be provided by the |
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| 40 | | - | proposed package plant; |
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| 41 | | - | (4) the cumulative effect of the discharge of |
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| 42 | | - | wastewater from the proposed package plant considered together with |
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| 43 | | - | the discharge of wastewater from other permitted facilities on the |
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| 44 | | - | proposed disposal route will not result in an increase in |
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| 45 | | - | environmental degradation; and |
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| 46 | | - | (5) the applicant: |
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| 47 | | - | (A) does not owe delinquent fees to the |
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| 48 | | - | commission; |
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| 49 | | - | (B) is not subject to an unresolved |
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| 50 | | - | administrative order issued by the commission; and |
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| 51 | | - | (C) within the 10 years preceding the date the |
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| 52 | | - | applicant filed the application, has not had a repeated or |
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| 53 | | - | unresolved violation that cannot be remediated by a major amendment |
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| 54 | | - | to a permit issued by the commission or the operation of a new |
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| 55 | | - | permitted facility. |
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| 23 | + | plant only if the applicant demonstrates to the commission that the |
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| 24 | + | applicant: |
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| 25 | + | (1) will implement measures to ensure the security and |
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| 26 | + | weatherization of the package plant; and |
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| 27 | + | (2) has financial assurance adequate to provide for |
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| 28 | + | future maintenance of the package plant. |
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