88(3) HB 205 - Introduced version - Bill Text

	88S30820 MP-D
	By:  Zwiener	H.B.  No.  205

	A BILL TO BE ENTITLED
	AN ACT
	relating to the consideration by the Texas Commission on
	Environmental Quality of alternative waste collection, treatment,
	and disposal options before issuing permits to discharge certain
	waste.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Section 26.0282, Water Code, is amended to read
	as follows:
	Sec.  26.0282.    CONSIDERATION OF NEED AND REGIONAL TREATMENT
	OPTIONS. (a)  In considering the issuance, amendment, or renewal of
	a permit to discharge waste, the commission may deny or alter the
	terms and conditions of the proposed permit, amendment, or renewal
	based on consideration of need, including the expected volume and
	quality of the influent and the availability of existing or
	proposed areawide or regional waste collection, treatment, and
	disposal systems not designated as such by commission order
	pursuant to provisions of this subchapter.
	(b)    The commission may not issue, amend, or renew a permit
	to discharge waste unless the applicant demonstrates to the
	commission that it is not economically feasible for another holder
	of a permit issued under this chapter to collect, treat, and dispose
	of the waste proposed to be discharged by the applicant.
	(c)    This section is expressly directed to the control and
	treatment of conventional pollutants normally found in domestic
	wastewater.
	SECTION  2.    Section 26.0282, Water Code, as amended by this
	Act, applies only to an application for the issuance, amendment, or
	renewal of a permit that is filed with the Texas Commission on
	Environmental Quality on or after the effective date of this
	Act.    An application for a permit filed before the effective date
	of this Act is governed by the law in effect on the date of the
	filing, and the former law is continued in effect for that purpose.
	SECTION  3.    This Act takes effect on the 91st day after the
	last day of the legislative session.