Office of House Bill AnalysisH.B. 1283
By: Counts
Natural Resources


Prior to the 76th Legislature, the holder of a general permit for
wastewater discharge could not discharge more than 500,000 gallons of
wastewater into surface water in any 24-hour period.  H.B. 1283 removes
this cap and allows the holder of a general permit to discharge over
500,000 gallons of wastewater in a 24-hour period.  


It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 


SECTION 1.  Amends Section 26.040, Water Code, by amending Subsections (a),
(b), and (e), and adding new Subsections (f) and (h), redesignating
existing Subsections (f)-(k), and amending existing Subsection (g),
redesignated as Subsection (i), as follows: 

Sec.  26.040.  (a) Authorizes the Texas Natural Resource Conservation
Commission (TNRCC) to issue a general permit to authorize the discharge of
storm water.  Deletes the provision which states that a discharge of more
than 500,000 gallons into surface water  in a 24-hour period is not covered
by a general permit. 

(b) Requires TNRCC, for a statewide general permit, to designate one or
more newspapers of statewide or regional circulation and requires TNRCC to
publish notice of the proposed statewide general permit in each designated
newspaper in addition to the Texas Register. 

(e) Specifies when a discharger is authorized to begin discharging under a
general permit. Makes conforming and nonsubstantive changes. 

(f) Authorizes a discharger with a general permit to discharge without
submitting a notice of intent if TNRCC finds that a notice of intent
requirement would be inappropriate. 

(g) Redesignated from Subsection (f).

(h) Requires TNRCC, after hearing, to deny or suspend a discharger's
authority to discharge under a general permit if TNRCC determines that the
discharger operates any facility for which the discharger's compliance
history contains violations constituting a recurring pattern of egregious
conduct that demonstrates a consistent disregard for the regulatory
process, including failure to make a timely and substantial attempt to
correct the violations.  Provides that a hearing under this subsection is
not subject to Chapter 2001 (Administrative Procedure), Government Code. 

(i) Provides that if, before the general permit expires, TNRCC proposes to
renew a general permit, that general permit remains in effect until the
date on which TNRCC takes final action on the proposed renewal.
Redesignated from Subsection (g). 

(j)-(m) Redesignated from Subsections (h)-(k).
SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.