Bill Text: TX HB2051 | 2015-2016 | 84th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a volume-based exemption from reporting requirements for certain accidental discharges or spills from wastewater facilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2015-05-20 - Referred to Agriculture, Water, & Rural Affairs [HB2051 Detail]
Download: Texas-2015-HB2051-Comm_Sub.html
Bill Title: Relating to a volume-based exemption from reporting requirements for certain accidental discharges or spills from wastewater facilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2015-05-20 - Referred to Agriculture, Water, & Rural Affairs [HB2051 Detail]
Download: Texas-2015-HB2051-Comm_Sub.html
84R20216 T | |||
By: Crownover | H.B. No. 2051 | ||
Substitute the following for H.B. No. 2051: | |||
By: Workman | C.S.H.B. No. 2051 |
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relating to a volume-based exemption from reporting requirements | ||
for certain accidental discharges or spills from wastewater | ||
facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 26.039, Water Code, is amended by | ||
amending Subsections (b) and (e) and adding Subsections (g) and (h) | ||
to read as follows: | ||
(b) Except as provided by Subsection (g), whenever | ||
[ |
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activity or facility which causes or may cause pollution, the | ||
individual operating, in charge of, or responsible for the activity | ||
or facility shall notify the commission as soon as possible and not | ||
later than 24 hours after the occurrence. The individual's notice | ||
to the commission must include the location, volume, and content of | ||
the discharge or spill. | ||
(e) Except as provided by Subsection (g), if [ |
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accidental discharge or spill described by Subsection (b) from a | ||
wastewater treatment or collection facility owned or operated by a | ||
local government may adversely affect a public or private source of | ||
drinking water, the individual shall also notify appropriate local | ||
government officials and local media. | ||
(g) The individual is not required to notify the commission | ||
of an accidental discharge or spill of treated or untreated | ||
domestic wastewater under Subsection (b) or officials or media | ||
under Subsection (e) of a single accidental discharge or spill | ||
that: | ||
(1) occurs at a wastewater treatment or collection | ||
facility owned or operated by a local government; | ||
(2) is 1,000 gallons or less; | ||
(3) is not associated with another simultaneous | ||
accidental discharge or spill; | ||
(4) is controlled or removed before the accidental | ||
discharge or spill: | ||
(A) enters water in the state; or | ||
(B) adversely affects a public or private source | ||
of drinking water; | ||
(5) will not endanger human health or safety or the | ||
environment; and | ||
(6) is not otherwise subject to local regulatory | ||
control and reporting requirements. | ||
(h) The individual shall submit to the commission at least | ||
once each month a summary of accidental discharges and spills | ||
described by Subsection (g) that occurred during the preceding | ||
month. The commission by rule shall: | ||
(1) consider the compliance history of the individual; | ||
and | ||
(2) establish procedures for formatting and | ||
submitting a summary, including requirements that a summary include | ||
the location, volume, and content of each accidental discharge or | ||
spill. | ||
SECTION 2. (a) Not later than June 1, 2016, the Texas | ||
Commission on Environmental Quality shall adopt rules necessary to | ||
implement Section 26.039, Water Code, as amended by this Act. | ||
(b) The change in law made by this Act applies only to an | ||
offense committed on or after the effective date of a rule adopted | ||
by the Texas Commission on Environmental Quality under this | ||
section. For purposes of this section, an offense was committed | ||
before the effective date of a rule adopted by the Texas Commission | ||
on Environmental Quality under this section if any element of the | ||
offense occurred before that date. | ||
(c) An offense committed before the effective date of a rule | ||
adopted by the Texas Commission on Environmental Quality under this | ||
section is governed by the law in effect on the date the offense was | ||
committed, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 3. This Act takes effect September 1, 2015. |