House Bill No. 4485 amends the Water Code by adding a new subsection (h-1) to Section 26.040, which establishes new eligibility criteria for dischargers seeking a general permit to discharge waste into or adjacent to waters in Texas. Specifically, the bill stipulates that if the Texas Commission on Environmental Quality denies or suspends a discharger's authority to discharge under a general permit, that discharger cannot be authorized to discharge again under a general permit until five years have passed from the date of the denial or suspension.
The provisions of this new subsection apply only to denials or suspensions that occur on or after the effective date of the Act, which is set for September 1, 2025. Any denials or suspensions that take place before this date will continue to be governed by the existing laws in effect at the time of the action. This change aims to enhance regulatory oversight and accountability for dischargers in Texas.
Statutes affected: Introduced: Water Code 26.040 (Water Code 26)