Bill Text: TX HB4489 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to a restriction on permits authorizing direct discharges of waste or pollutants into water in certain areas associated with the Barton Springs segment of the Edwards Aquifer.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-29 - Referred to Natural Resources [HB4489 Detail]
Download: Texas-2021-HB4489-Introduced.html
| By: Zwiener | H.B. No. 4489 | |
|
|
||
|
|
||
| relating to a restriction on permits authorizing direct discharges | ||
| of waste or pollutants into water in certain areas associated with | ||
| the Barton Springs segment of the Edwards Aquifer. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 26, Water Code, is amended | ||
| by adding Section 26.0462 to read as follows: | ||
| Sec. 26.0462. RESTRICTIONS ON PERMITS FOR DIRECT DISCHARGES | ||
| OF WASTE OR POLLUTANTS INTO WATER IN CERTAIN ZONES OF BARTON SPRINGS | ||
| SEGMENT OF EDWARDS AQUIFER. (a) In this section: | ||
| (1) "Advanced water treatment facility" means a | ||
| facility that uses water and wastewater treatment technology that: | ||
| (A) meets the primary and secondary drinking | ||
| water standards promulgated by the commission; | ||
| (B) does not contribute to adverse toxic effects | ||
| on: | ||
| (i) aquatic life in the receiving water; or | ||
| (ii) human health resulting from the | ||
| consumption of aquatic organisms or water from, or from water | ||
| recreation in, the receiving water; and | ||
| (C) achieves a daily average concentration of: | ||
| (i) total phosphorus in the effluent of | ||
| less than 0.2 milligrams per liter; and | ||
| (ii) total nitrogen in the effluent of less | ||
| than 8 milligrams per liter. | ||
| (2) "Edwards Aquifer water quality protection area" | ||
| means: | ||
| (A) the Nueces, San Antonio, and Guadalupe River | ||
| watersheds located north and west of the Edwards Aquifer recharge | ||
| zone; and | ||
| (B) the portion of the Colorado River watershed | ||
| located in Blanco, Hays, and Travis Counties that drains to the | ||
| Edwards Aquifer recharge zone southwest of the Colorado River. | ||
| (b) The commission may not: | ||
| (1) issue a new permit authorizing the direct | ||
| discharge of waste or pollutants into any water in the Edwards | ||
| Aquifer water quality protection area; or | ||
| (2) amend a permit issued before September 1, 2021, to | ||
| authorize an increase in the amount of waste or pollutants that may | ||
| be directly discharged into the Edwards Aquifer water quality | ||
| protection area. | ||
| (c) The commission shall adopt standards necessary to | ||
| require permit holders maintain wastewater storage capacity for a | ||
| minimum of 7 days. | ||
| (d) This section does not: | ||
| (1) affect the authority of the commission to | ||
| authorize: | ||
| (A) the direct discharge of water into the | ||
| Edwards Aquifer water quality protection area from an advanced | ||
| water treatment facility under a Texas pollutant discharge | ||
| elimination system permit if all requirements for the discharge | ||
| permit are satisfied; or | ||
| (B) stormwater and certain non-stormwater | ||
| discharges as specified in: | ||
| (i) the commission's individual permits for | ||
| municipal separate storm sewer systems; and | ||
| (ii) the commission's general permits for | ||
| stormwater and associated non-stormwater discharges; or | ||
| (2) apply to on-site sewage disposal systems. | ||
| (e) Nothing in this section shall be construed to prevent | ||
| the commission from setting permit limits more stringent than those | ||
| set forth above for advanced water treatment facilities. | ||
| SECTION 2. 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. set | ||
| forth above for an advanced water treatment facility. | ||
| SECTION 3. 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, 2021. | ||
