Bill Text: TX HB3538 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to minimum pollution removal requirements on storm water discharge within the Edwards Aquifer in certain circumstances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-20 - Referred to Environmental Regulation [HB3538 Detail]
Download: Texas-2013-HB3538-Introduced.html
| By: Gutierrez | H.B. No. 3538 | |
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| relating to minimum pollution removal requirements on storm water | ||
| discharge within the Edwards Aquifer in certain circumstances. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 26, Water Code, is amended | ||
| by adding Section 26.0463 to read as follows: | ||
| Sec. 26.0463. MINIMUM REQUIREMENTS FOR POLLUTION REMOVAL | ||
| FOR STORMWATER ENTERING THE EDWARDS AQUIFER. (a) In this section, | ||
| "stormwater treatment facility" means a facility that utilizes best | ||
| management practices approved by the Commission on Environmental | ||
| Quality to be used in a water pollution abatement plan, or similar | ||
| submittal, for the purpose of filtering out and removing pollutants | ||
| such as total suspended solids from stormwater runoff from | ||
| commercial, residential, industrial or retail developments that | ||
| are located within the recharge zone of the Edwards Aquifer, as | ||
| defined by the Commission in rule. | ||
| (b) The Commission may not approve the use or installation | ||
| of a new stormwater treatment facility in a water pollution | ||
| abatement plan unless the stormwater treatment facility has been | ||
| shown to remove 85% or more of the total suspended solids required | ||
| to be removed prior to the discharge of the stormwater into the | ||
| recharge zone of the Edwards Aquifer, according to the "Complying | ||
| with the Edwards Aquifer Rules, Technical Guidance on Best | ||
| Management Practices", as amended, or by other rule of the | ||
| Commission. | ||
| (c) This section does not apply to a recharge enhancement | ||
| facility within a natural watercourse that is expressly designed | ||
| and installed to improve the quantity and quality of surface water | ||
| entering the aquifer. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to an application for a water pollution abatement plan, or similar | ||
| submittal that is submitted to the Texas Commission on | ||
| Environmental Quality on or after the effective date of this Act. An | ||
| application for a water pollution abatement plan 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. | ||
| 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, 2013. | ||
