Bill Text: TX HB3036 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to permits for the discharge of waste or pollutants into water that flows into certain areas of the Edwards Aquifer recharge zone.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-05-09 - Placed on General State Calendar [HB3036 Detail]
Download: Texas-2017-HB3036-Comm_Sub.html
| 85R27575 SLB-F | |||
| By: King of Uvalde | H.B. No. 3036 | ||
| Substitute the following for H.B. No. 3036: | |||
| By: Pickett | C.S.H.B. No. 3036 | ||
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| relating to permits for the discharge of waste or pollutants into | ||
| water that flows into certain areas of the Edwards Aquifer recharge | ||
| zone. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 26, Water Code, is amended | ||
| by adding Section 26.02711 to read as follows: | ||
| Sec. 26.02711. CONSIDERATION OF RECLAIMED WATER USE FOR | ||
| CERTAIN WASTEWATER DISPOSAL APPLICATIONS. (a) In this section, | ||
| "reclaimed water amount" means the minimum volume of reclaimed | ||
| water that can be guaranteed to be beneficially reused over a | ||
| specified time for a particular facility. The term includes | ||
| reclaimed water used for indoor or outdoor purposes. | ||
| (b) In considering a permit application by a wastewater | ||
| treatment facility for the land disposal of wastewater effluent in | ||
| an area where runoff from precipitation flows into the portion of | ||
| the Edwards Aquifer recharge zone that is southwest of the Colorado | ||
| River, the commission shall: | ||
| (1) for the purposes of facility design calculations, | ||
| subtract the reclaimed water amount from the total volume of | ||
| effluent in order to determine: | ||
| (A) the area of land required for effluent | ||
| disposal; and | ||
| (B) the amount of effluent storage required; and | ||
| (2) adopt a procedure for the applicant to demonstrate | ||
| the reclaimed water amount that includes provisions to ensure that | ||
| no unauthorized discharge of effluent to the waters of the state or | ||
| contamination of groundwater will occur. | ||
| (c) The addition or modification of users or areas used in | ||
| the land disposal of wastewater effluent in a demonstration of a | ||
| reclaimed water amount is not a major amendment to the permit if: | ||
| (1) the volume of the reclaimed water amount is not | ||
| decreased; and | ||
| (2) the applicant complies with the procedure | ||
| established by the commission for the demonstration of the | ||
| reclaimed water amount. | ||
| (d) An applicant demonstrating a reclaimed water amount | ||
| under this section must obtain a beneficial reuse authorization | ||
| from the commission before the operation of the facility. | ||
| SECTION 2. Subchapter B, Chapter 26, Water Code, is amended | ||
| by adding Section 26.0462 to read as follows: | ||
| Sec. 26.0462. RESTRICTION ON PERMITS FOR DIRECT DISCHARGES | ||
| INTO WATER THAT FLOWS INTO CERTAIN AREAS OF EDWARDS AQUIFER | ||
| RECHARGE ZONE. (a) This section applies only to a permit for the | ||
| direct discharge of waste or pollutants in the geographic area | ||
| described in Subsection (b). This section does not affect | ||
| definitions related to the Edwards Aquifer as they are used outside | ||
| this section, including definitions of: | ||
| (1) Edwards Aquifer; | ||
| (2) Edwards Aquifer contributing zone; | ||
| (3) Edwards Aquifer recharge zone; and | ||
| (4) Edwards Aquifer transition zone. | ||
| (b) The commission may not: | ||
| (1) issue a new permit authorizing the direct | ||
| discharge of waste or pollutants into: | ||
| (A) the Nueces, San Antonio, and Guadalupe River | ||
| watersheds located in or north and west of the Edwards Aquifer | ||
| recharge zone; or | ||
| (B) the portion of the Colorado River watershed | ||
| located in Blanco, Hays, and Travis Counties that drains to or | ||
| includes the Edwards Aquifer recharge zone southwest of the | ||
| Colorado River; or | ||
| (2) amend a permit issued before September 1, 2017, to | ||
| authorize an increase in the amount of waste or pollutants that may | ||
| be directly discharged into any water described by Subdivision (1). | ||
| (c) This section: | ||
| (1) does not affect the authority of the commission to | ||
| authorize stormwater and certain non-stormwater discharges as | ||
| specified in: | ||
| (A) the commission's individual permits for | ||
| municipal separate storm sewer systems; and | ||
| (B) the commission's general permits for | ||
| stormwater and associated non-stormwater discharges; and | ||
| (2) does not apply to on-site sewage disposal systems. | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to an application for a permit or permit amendment that is submitted | ||
| to the Texas Commission on Environmental Quality on or after the | ||
| effective date of this Act. An application for a permit or permit | ||
| amendment that was submitted to the Texas Commission on | ||
| Environmental Quality before the effective date of this Act is | ||
| governed by the law in effect at the time the application was filed, | ||
| and the former law is continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2017. | ||
