Bill Text: TX HB3264 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the enforcement of permit requirements for the operation of a domestic wastewater treatment facility.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-17 - Effective immediately [HB3264 Detail]
Download: Texas-2015-HB3264-Introduced.html
Bill Title: Relating to the enforcement of permit requirements for the operation of a domestic wastewater treatment facility.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-17 - Effective immediately [HB3264 Detail]
Download: Texas-2015-HB3264-Introduced.html
By: Guillen | H.B. No. 3264 |
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relating to emergency orders suspending, administrative and civil | ||
actions enjoining, and penalties for operating certain wastewater | ||
treatment facilities without a permit. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 5, Subchapter L, Water Code, is amended | ||
by adding Section 5.5146, as follows: | ||
Sec. 5.5146. EMERGENCY ORDER CONCERNING OPERATION OF | ||
CERTAIN WASTEWATER TREATMENT FACILITIES WITHOUT PERMIT. | ||
(a) The commission may issue an emergency order under this | ||
subchapter suspending operations of a domestic wastewater | ||
treatment facility that is required to obtain a permit from the | ||
commission and is operating without the required permit. | ||
SECTION 2. Chapter 7, Subchapter B, Water Code, is amended | ||
by adding Section 7.035, as follows: | ||
Sec. 7.035. CORRECTIVE ACTION RELATING TO CERTAIN | ||
WASTEWATER TREATMENT FACILITIES. | ||
(a) Except as provided in Subsection (b), if the commission | ||
determines that a domestic wastewater treatment facility that is | ||
required to obtain a permit from the commission is operating | ||
without the required permit, the commission shall: | ||
(1) issue an order enjoining further operation of the | ||
facility until the commission has issued a permit authorizing the | ||
operation and imposing an administrative penalty pursuant to | ||
Section 7.052(c); or | ||
(2) institute a civil action under Subchapter D to | ||
enjoin further operation of the facility until the commission has | ||
issued a permit authorizing the operation and to impose a civil | ||
penalty; | ||
(b) The commission may initiate alternative enforcement | ||
action under this Chapter if the commission determines there is no | ||
feasible alternative treatment or disposal option for the waste | ||
stream being sent to the facility, including the option of hauling | ||
the waste stream to a permitted facility. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
a violation that occurs on or after the effective date of this Act. | ||
A violation that occurs before the effective date of this Act is | ||
governed by the law in effect on the date the violation occurred, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 5. 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, 2015. |