reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.02715. Disposal of Reclaimed Wastewater to Wastewater Collection System

Sec. 26.02715.  DISPOSAL OF RECLAIMED WASTEWATER TO WASTEWATER COLLECTION SYSTEM.  (a)  A wastewater treatment facility or reclaimed water production facility that treats domestic wastewater for reuse may dispose of the treated wastewater without a permit for an alternative means of disposal if the facility:
(1)  disposes of the treated wastewater through a wastewater collection system; and
(2)  has the consent of the operator of:
(A)  the wastewater collection system that will receive the treated wastewater; and
(B)  any wastewater treatment facility that will further treat the treated wastewater.
(b)  The owner of a reclaimed water production facility that meets the requirements of Subsection (a) may not be required to be the owner of an associated domestic wastewater treatment facility that is permitted by the commission.
(c)  The commission shall adopt rules to implement and enforce this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 1094 (S.B. 1289), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.0272. Permits Authorizing Discharges From Certain Seawater Desalination Facilities

Sec. 26.0272.  PERMITS AUTHORIZING DISCHARGES FROM CERTAIN SEAWATER DESALINATION FACILITIES.  (a) This section applies only to a facility that generates water treatment residuals from the desalination of seawater solely for use as part of an industrial process.
(b)  The commission may issue a permit for the discharge of water treatment residuals from the desalination of seawater into the portion of the Gulf of Mexico inside the territorial limits of the state.
(c)  Before issuing a permit under this section, the commission must evaluate the discharge of water treatment residuals from the desalination of seawater into the Gulf of Mexico for compliance with the state water quality standards adopted by the commission, the requirements of the Texas Pollutant Discharge Elimination System program, and applicable federal law.
(d)  The commission may issue individual permits or a general permit under this section.  If the commission elects to issue individual permits under this section, the commission must establish procedures for the review of an application that, at a minimum, comply with the requirements of Subchapter M, Chapter 5.  If the commission elects to issue a general permit under this section, the commission must comply with the requirements of Section 26.040.
Added by Acts 2015, 84th Leg., R.S., Ch. 829 (H.B. 4097), Sec. 5, eff. June 17, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.0281. Consideration of Compliance History

Sec. 26.0281.  CONSIDERATION OF COMPLIANCE HISTORY.  In considering the issuance, amendment, or renewal of a permit to discharge effluent comprised primarily of sewage or municipal waste, the commission shall consider the compliance history of the applicant and its operator under the method for using compliance history developed by the commission under Section 5.754.  In considering an applicant's compliance history under this subsection, the commission shall consider as evidence of compliance information regarding the applicant's implementation of an environmental management system at the facility for which the permit, permit amendment, or permit renewal is sought.  In this section, "environmental management system" has the meaning assigned by Section 5.127.
Added by Acts 1985, 69th Leg., ch. 626, Sec. 1, eff. Aug. 26, 1985.  Amended by Acts 2001, 77th Leg., ch. 965, Sec. 16.06, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1161, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 4.14, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.0282. Consideration of Need and Regional Treatment Options

Sec. 26.0282.  CONSIDERATION OF NEED AND REGIONAL TREATMENT OPTIONS.  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.  This section is expressly directed to the control and treatment of conventional pollutants normally found in domestic wastewater.
Added by Acts 1989, 71st Leg., ch. 757, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.0283. Denial of Application for Permit; Assistance Provided by Certain Former Employees

Sec. 26.0283.  DENIAL OF APPLICATION FOR PERMIT;  ASSISTANCE PROVIDED BY CERTAIN FORMER EMPLOYEES.  (a)  In this section, "former employee" means a person:
(1)  who was previously employed by the commission as a supervisory or exempt employee;  and
(2)  whose duties during employment with the commission included involvement in or supervision of the commission's review, evaluation, or processing of applications.
(b)  The commission shall deny an application for the issuance, amendment, renewal, or transfer of a permit and may not issue, amend, renew, or transfer the permit if the board determines that a former employee:
(1)  participated personally and substantially as a former employee in the commission's review, evaluation, or processing of that application before leaving his employment with the commission;   and
(2)  after leaving his employment with the commission, provided assistance with the application for the issuance, amendment, renewal, or transfer of a permit, including assistance with preparation or presentation of the application or legal representation of the applicant.
(c)  The commission shall provide an opportunity for a hearing to an applicant before denying an application under this section.
(d)  Action taken under this section will not prejudice any application other than an application in which the former employee provided assistance.
Added by Acts 1989, 71st Leg., ch. 1175, Sec. 2, eff. Sept. 1, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.029. Conditions of Permit; Amendment

Sec. 26.029.  CONDITIONS OF PERMIT;  AMENDMENT.  (a)  In each permit, the commission shall prescribe the conditions on which it is issued, including:
(1)  the duration of the permit;
(2)  the location of the point of discharge of the waste;
(3)  the maximum quantity of waste that may be discharged under the permit at any time and from time to time;
(4)  the character and quality of waste that may be discharged under the permit;  and
(5)  any monitoring and reporting requirements prescribed by the commission for the permittee.
(b)  After a public hearing, notice of which shall be given to the permittee, the commission may require the permittee, from time to time, for good cause, in conformance with applicable laws, to conform to new or additional conditions.
(c)  A permit does not become a vested right in the permittee.
(d)  The notice required by Subsection (b) of this section shall be sent to the permittee at his last known address as shown by the records of the commission.
Amended by Acts 1977, 65th Leg., p. 1646, ch. 644, Sec. 8.  Renumbered from Sec. 21.081 and amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 985, ch. 367, Sec. 44, eff. June 10, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.075, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1072, Sec. 20, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.0292. Fees Charged to Aquaculture Facilities

Sec. 26.0292.  FEES CHARGED TO AQUACULTURE FACILITIES.  (a)  "Aquaculture facility" means a facility engaged in aquaculture as defined in Section 134.001, Agriculture Code.
(b)  Notwithstanding Sections 26.0135 and 26.0291, the combined fees charged to an aquaculture facility under those sections may not total more than $5,000 in any year.
(c)  The commission by rule shall provide that among aquaculture facilities, the fees charged under this section are reasonably assessed according to the pollutant load of the facility.
Added by Acts 1999, 76th Leg., ch. 1239, Sec. 10, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.030. Permit; Effect on Recreational Water

Sec. 26.030.  PERMIT;  EFFECT ON RECREATIONAL WATER.  (a)  In considering the issuance of a permit to discharge effluent into any body of water having an established recreational standard, the commission shall consider any unpleasant odor quality of the effluent and the possible adverse effect that it might have on the receiving body of water, and the commission may consider the odor as one of the elements of the water quality of the effluent.
(b)  In considering the issuance of a permit to discharge effluent comprised primarily of sewage or municipal waste into any body of water that crosses or abuts any park, playground, or schoolyard within one mile of the point of discharge, the commission shall consider any unpleasant qualities of the effluent, including unpleasant odor, and any possible adverse effects that the discharge of the effluent might have on the recreational value of the park, playground, or schoolyard.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 424, Sec. 1, eff. June 11, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.0301. Wastewater Operations Company Registration and Operator Licensing

Sec. 26.0301.  WASTEWATER OPERATIONS COMPANY REGISTRATION AND OPERATOR LICENSING.  (a)  The holders of permits to discharge wastewater from a sewage treatment facility shall employ a treatment plant operator holding a valid license issued by the commission under Chapter 37 for the type of facility being operated.
(b)  Every person that is in the business of providing sewage treatment or collection facility services under contract must hold a valid registration issued by the commission under Chapter 37.
(c)  A person who performs process control activities at a sewage treatment facility or supervises the maintenance of a sewage collection system must hold a license issued by the commission under Chapter 37.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 5.010, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 400, Sec. 1, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 564, Sec. 1.04, eff. June 11, 1993;  Acts 1993, 73rd Leg., ch. 746, Sec. 6, eff. Aug. 30, 1993;  Acts 1997, 75th Leg., ch. 333, Sec. 9, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1072, Sec. 21, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 880, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.0311. Standards for Control of Graywater

Sec. 26.0311.  STANDARDS FOR CONTROL OF GRAYWATER.
(a)  In this section, "graywater" has the meaning provided by Section 341.039, Health and Safety Code.
(b)  The commission by rule shall adopt and implement minimum standards for the use of graywater for:
(1)  irrigation and other agricultural purposes;
(2)  domestic use, to the extent consistent with Section 341.039, Health and Safety Code;
(3)  commercial purposes;  and
(4)  industrial purposes.
(b-1)  The standards adopted by the commission under Subsection (b)(2) must allow the use of graywater for toilet and urinal flushing.
(c)  The standards adopted by the commission under Subsection (b) must assure that the use of graywater is not a nuisance and does not damage the quality of surface water and groundwater in this state.
Added by Acts 1987, 70th Leg., ch. 541, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 233, Sec. 1, eff. Aug. 30, 1993;  Acts 2003, 78th Leg., ch. 689, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 545 (H.B. 1902), Sec. 3, eff. June 16, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.033. Rating of Waste Disposal Systems

Sec. 26.033.  RATING OF WASTE DISPOSAL SYSTEMS.  (a)  After consultation with the Texas Department of Health, the commission shall provide by rule for a system of approved ratings for municipal waste disposal systems and other waste disposal systems which the commission may designate.
(b)  The owner or operator of a municipal waste disposal system which attains an approved rating has the privilege of erecting signs of a design approved by the commission on highways approaching or inside the boundaries of the municipality, subject to reasonable restrictions and requirements which may be established by the Texas Department of Transportation.
(c)  In addition, the owner or operator of any waste disposal system, including a municipal system, which attains an approved rating has the privilege of erecting signs of a design approved by the commission at locations which may be approved or established by the commission, subject to such reasonable restrictions and requirements which may be imposed by any governmental entity having jurisdiction.
(d)  If the waste disposal system fails to continue to achieve an approved rating, the commission may revoke the privilege.  On due notice from the commission, the owner or operator of the system shall remove the signs.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.080, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 165, Sec. 22(74), eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.034. Approval of Disposal System Plans

Sec. 26.034.  APPROVAL OF DISPOSAL SYSTEM PLANS.  (a)  The commission may, on a case-by-case basis, review and approve plans and specifications for treatment facilities, sewer systems, and disposal systems that transport, treat, or dispose of primarily domestic wastes.
(b)  Before beginning construction, every person who proposes to construct or materially alter the efficiency of any treatment works to which this section applies shall submit completed plans and specifications to the commission.
(c)  The commission by rule shall adopt standards to determine which plans and specifications the commission will review for approval.  If the commission excludes certain plans and specifications from review and approval, the commission shall require that a registered professional engineer submit the plans to the commission and make a finding that the plans and specifications are in substantial compliance with commission standards and that any deviation from those standards is based on the best professional judgment of the registered professional engineer.
(d)  Except as provided by Subsection (e), the commission may not require plans and specifications for a sewer system that transports primarily domestic waste to be submitted to the commission from:
(1)  a municipality if:
(A)  the municipality has its own internal engineering review staff;
(B)  the plans and specifications subject to review are prepared by private engineering consultants;  and
(C)  the review is conducted by a registered professional engineer who is an employee of or consultant to the municipality separate from the private engineering consultant charged with the design of the plans and specifications under review;  or
(2)  an entity that is required by local ordinance to submit the plans and specifications for review and approval to a municipality.
(e)  If the commission finds that a municipality's review and approval process does not provide for substantial compliance with commission standards, the commission shall require all plans and specifications reviewed by the municipality under Subsection (d) to be submitted to the commission for review and approval.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff. June 10, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.081, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 397, Sec. 1, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 924, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.0345. Discharge From Aquaculture Facilities

Sec. 26.0345.  DISCHARGE FROM AQUACULTURE FACILITIES.  (a)  In addition to wastewater permit conditions established under the authority of Sections 5.102, 5.103, 5.120, and 26.040, the Texas Natural Resource Conservation Commission, in consultation with the Department of Agriculture and the Parks and Wildlife Department, shall establish permit conditions relating to suspended solids in a discharge permit for an aquaculture facility located within the coastal zone and engaged in shrimp production that are based on levels and measures adequate to prevent:
(1)  potential significant adverse responses in aquatic organisms, changes in flow patterns of receiving waters, or untimely filling of bays with settled solids;  or
(2)  a potential significant adverse response in aquatic plants from attenuation of light by suspended solids in discharges.
(b)  In this section, "coastal zone" has the meaning assigned by Section 33.004, Natural Resources Code.
Added by Acts 1999, 76th Leg., ch. 1239, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.035. Federal Grants

Sec. 26.035.  FEDERAL GRANTS.  The executive director with the approval of the commission or the executive administrator with the approval of the board, as applicable under this code or other laws, may execute agreements with the United States Environmental Protection Agency or any other federal agency that administers programs providing federal cooperation, assistance, grants, or loans for research, development, investigation, training, planning, studies, programming, and construction related to methods, procedures, and facilities for the collection, treatment, and disposal of waste or other water quality control activities.  The commission or board may accept federal funds for these purposes and for other purposes consistent with the objectives of this chapter and may use the funds as prescribed by law or as provided by agreement.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.081, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.036. Water Quality Management Plans

Sec. 26.036.  WATER QUALITY MANAGEMENT PLANS.  (a)  The executive director shall develop and prepare, and from time to time revise, comprehensive water quality management plans for the different areas of the state, as designated by the commission.
(b)  The executive director may contract with local governments, regional planning commissions, planning agencies, other state agencies, colleges and universities in the state, and any other qualified and competent person to assist in developing and preparing, and from time to time revising, water quality management plans for areas designated by the commission.
(c)  With funds provided for the purpose by legislative appropriation, the commission may make grants or interest-free loans to, or contract with, local governments, regional planning commissions, and planning agencies to pay administrative and other expenses of such entities for developing and preparing, and from time to time revising, water quality management plans for areas designated by the commission.  The period of time for which funding under this provision may be provided for developing and preparing or for revising a plan may not exceed three consecutive years in each instance.  Any loan made pursuant to this subsection shall be repaid when the construction of any project included in the plan is begun.
(d)  Any person developing or revising a plan shall, during the course of the work, consult with the commission and with local governments and other federal, state, and local governmental agencies which in the judgment of the commission may be affected by or have a legitimate interest in the plan.
(e)  Insofar as may be practical, the water quality management plans shall be reasonably compatible with the other governmental plans for the area, such as area or regional transportation, public utility, zoning, public education, recreation, housing, and other related development plans.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.082, eff. Sept. 1, 1985;  Acts 1999, 76th Leg., ch. 194, Sec. 1, eff. May 24, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.037. Approval of Plans

Sec. 26.037.  APPROVAL OF PLANS.  (a)  The executive director may approve water quality management plans and revisions after a public participation opportunity has been provided that at a minimum meets federal public participation requirements.  Approval of water quality management plans shall be consistent with applicable state and federal requirements.  The commission may adopt rules governing approval of water quality management plans.  The commission shall provide an opportunity for an interested person to seek commission review of the executive director's decision regarding a water quality management plan approval or revision.
(b)  When a water quality management plan has been approved as provided in this section, the plan may be furnished to the Federal Environmental Protection Agency or any other federal official or agency in fulfillment of any federal water quality management planning requirement specified for any purpose by the federal government.
(c)  The board and the commission may use an approved water quality management plan or a plan in progress but not completed or approved in reviewing and making determinations on applications for permits and on applications for financial assistance for construction of treatment works.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.083, eff. Sept. 1, 1985;  Acts 1999, 76th Leg., ch. 194, Sec. 2, eff. May 24, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.038. Fiscal Control on Water Quality Management Planning

Sec. 26.038.  FISCAL CONTROL ON WATER QUALITY MANAGEMENT PLANNING.  In administering the program for making grants and loans to and contracting with local governments, regional planning commissions, and planning agencies as authorized in Subsection (c) of Section 26.036 of this code, the commission shall adopt rules and procedures for the necessary engineering review and supervision, fiscal control, and fund accounting.  The fiscal control and fund accounting procedures are supplemental to other procedures prescribed by law.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.084, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.0405. General Permits for Certain Sewage Treatment and Disposal Systems

Sec. 26.0405.  GENERAL PERMITS FOR CERTAIN SEWAGE TREATMENT AND DISPOSAL SYSTEMS.  (a)  To the extent not in conflict with state water quality standards or federal law, the commission shall issue one or more general permits for the discharge of treated sewage into or adjacent to water in this state by a sewage treatment and disposal system if the system:
(1)  produces not more than 5,000 gallons of waste each day;
(2)  is in a county with a population of 2.8 million or more that is an authorized agent under Chapter 366, Health and Safety Code, and that has:
(A)  adopted a resolution under Section 7.352 that authorizes the county to exercise enforcement power under Subchapter H, Chapter 7;  and
(B)  entered into an agreement with the commission to inspect, investigate, and otherwise monitor compliance with the permit;
(3)  provides sewage treatment and disposal for a single-family residence for which the commission determines a connection to an existing or proposed area-wide or regional waste collection, treatment, and disposal system is not feasible;  and
(4)  is on a property that:
(A)  was subdivided and developed before January 1, 1979;  and
(B)  is of insufficient size to accommodate on-site disposal of all wastewater in compliance with Chapter 366, Health and Safety Code.
(b)  A person who discharges under a permit issued under this section is not required to hold a license or registration under Section 26.0301.
(c)  For a permit issued under this section, the commission shall for each system:
(1)  specify the design, operation, and maintenance requirements;  and
(2)  establish the primary and secondary treatment requirements.
(d)  A system for which a permit is issued under this section is subject to design criteria established under Chapter 366, Health and Safety Code, and is not subject to design criteria established under Section 26.034.
Added by Acts 1999, 76th Leg., ch. 256, Sec. 1, eff. May 28, 1999.  Amended by Acts 2001, 77th Leg., ch. 880, Sec. 7, eff. Aug. 27, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.041. Health Hazards

Sec. 26.041.  HEALTH HAZARDS.  The commission may use any means provided by this chapter to prevent a discharge of waste that is injurious to public health.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.086, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.045. Pump-Out Facilities for Boat Sewage

Sec. 26.045.  PUMP-OUT FACILITIES FOR BOAT SEWAGE.
(a)  In this section "boat," "boat pump-out station," "shoreside, mobile, or floating installation," and "surface water in the state" have the meanings assigned by Section 26.044.
(b)  After a public hearing and after making every reasonable effort to bring about the establishment of an adequate number of boat pump-out stations on surface water in the state, the commission may enter an order requiring the establishment of boat pump-out stations by a local government that has any jurisdiction over at least a portion of the surface water in the state or over land immediately adjacent to the water.
(c)  If a local government is authorized to issue authorization for the operation of shoreside, mobile, or floating installations, the local government may require the installation and operation of boat pump-out stations where necessary.  The local government shall require the installation and operation of boat pump-out stations if required by the commission.
(d)  A local government responsible for establishing boat pump-out stations may issue bonds or may use general revenue funds from normal operations to finance the construction and operation of the pump-out facilities.  Pump-out stations established as a result of this section will be self-sustaining with respect to costs and revenues collected from users of said facilities, and local governments are authorized to levy reasonable, appropriate charges or fees to recover cost of installation and operation of the pump-out stations.  Nothing in this section is to be construed to require any local government to rebate to the State of Texas funds collected pursuant to this program.
(e)  The hearings required by this section and other acts of the commission in carrying out the provisions of this section shall be handled as provided in the rules of the commission.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.090, eff. Sept. 1, 1985.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 579 (S.B. 2445), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.046. Hearings on Protection of Edwards Aquifer From Pollution

Sec. 26.046.  HEARINGS ON PROTECTION OF EDWARDS AQUIFER FROM POLLUTION.  (a)  As used in this section, "Edwards Aquifer" means that portion of an arcuate belt of porous, waterbearing limestones composed of the Comanche Peak, Edwards, and Georgetown formations trending from west to east to northeast through Kinney, Uvalde, Medina, Bexar, Kendall, Comal, and Hays counties, respectively, and as defined in the most recent rules of the commission for the protection of the quality of the potable underground water in those counties.
(b)  Annually, the commission shall hold a public hearing in Kinney, Uvalde, Medina, Bexar, Kendall, Comal, or Hays County, and a hearing in any other of those counties whose commissioners court requests that a hearing be held in its county, to receive evidence from the public on actions the commission should take to protect the Edwards Aquifer from pollution.  Notice of the public hearing shall be given and the hearing shall be conducted in accordance with the rules of the commission.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff. June 10, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.091, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.0461. Fees for Edwards Aquifer Plans

Sec. 26.0461.  FEES FOR EDWARDS AQUIFER PLANS.  (a)  The commission may impose fees for processing plans or amendments to plans that are subject to review and approval under the commission's rules for the protection of the Edwards Aquifer and for inspecting the construction and maintenance of projects covered by those plans.
(b)  The plans for which fees may be imposed are:
(1)  water pollution abatement plans;
(2)  plans for sewage collection systems;
(3)  plans for hydrocarbon storage facilities or hazardous substance storage facilities; and
(4)  contributing zone plans.
(c)  The commission by rule shall adopt a fee schedule for fees that it may impose under this section.
(d)  Except as provided by Subsection (d-1), a fee imposed under this section may not be less than $100 or more than $6,500.
(d-1)  A fee imposed under this section may not be more than $13,000 if the fee is for a water pollution abatement or contributing zone plan for a development of more than 40 acres.
(e)  A fee charged under this section must be based on the following criteria:
(1)  if a pollution abatement or contributing zone plan, the area or acreage covered by the plan;
(2)  if a sewage collection systems plan, the number of linear feet of pipe or line;
(3)  if a hydrocarbon storage facility or hazardous substance storage facility plan, the number of tanks; and
(4)  the type of activity subject to regulation.
(f)  The executive director shall charge and collect a fee imposed under this section and shall record the time at which the fee is due and render an account to the person charged with the fee.
(g)  A fee imposed under this section is a separate charge in addition to any other fee that may be provided by law or rules of the commission.
(h)  A fee collected under this section shall be deposited in the State Treasury to the credit of a special program to be used only for administering the commission's Edwards Aquifer program, including:
(1)  monitoring surface water, stormwater, and groundwater quality in the Edwards Aquifer program area; and
(2)  developing geographic information systems (GIS) data layers for the Edwards Aquifer program.
Added by Acts 1987, 70th Leg., ch. 417, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 564, Sec. 1.05, eff. June 11, 1993;  Acts 1993, 73rd Leg., ch. 746, Sec. 7, eff. Aug. 30, 1993;  Acts 1997, 75th Leg., ch. 333, Sec. 11, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 743, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1088 (H.B. 3098), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.047. Permit Conditions and Pretreatment Standards Concerning Publicly Owned Treatment Works

Sec. 26.047.  PERMIT CONDITIONS AND PRETREATMENT STANDARDS CONCERNING PUBLICLY OWNED TREATMENT WORKS.  (a)  The commission shall impose as conditions in permits for the discharge of pollutants from publicly owned treatment works requirements for information to be provided by the permittee concerning new introductions of pollutants or substantial changes in the volume or character of pollutants being introduced into such treatment works.
(b)  The commission is authorized to impose as conditions in permits for the discharge of pollutants from publicly owned treatment works appropriate measures to establish and insure compliance by industrial users with any system of user charges required under state or federal law or any regulations or guidelines promulgated thereunder.
(c)  The commission is authorized to apply, and to enforce pursuant to Subchapter D of this chapter, against industrial users of publicly owned treatment works, toxic effluent standards and pretreatment standards for the introduction into such treatment works of pollutants which interfere with, pass through, or otherwise are incompatible with such treatment works.
Added by Acts 1977, 65th Leg., p. 1646, ch. 644, Sec. 9.  Renumbered from Sec. 21.099 and amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.092, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.0481. Disposal of Dairy Waste in Retention Facility

Sec. 26.0481.  DISPOSAL OF DAIRY WASTE IN RETENTION FACILITY.  (a)  In this section, "dairy waste" means milk, milk by-products, or milk processing waste that is spilled, spoiled, adulterated, unmarketable, stranded, or otherwise unfit for human consumption produced at a concentrated animal feeding operation.
(b)  Notwithstanding any other law and to the extent permitted by federal law, the commission shall adopt rules under this section to allow:
(1)  the disposal of dairy waste from a concentrated animal feeding operation into a control or retention facility, including a lagoon or playa, as that term is defined by Section 26.048; and
(2)  the land application by irrigation associated with the disposal described by Subdivision (1).
(c)  Rules adopted under Subsection (b) must:
(1)  minimize the risk of water quality impairment caused by:
(A)  the disposal of dairy waste into the control or retention facility; and
(B)  the land application by irrigation associated with the disposal described by Paragraph (A); and
(2)  require best management practices to ensure that the disposal of dairy waste into the control or retention facility does not impair water quality.
Added by Acts 2023, 88th Leg., R.S., Ch. 175 (H.B. 692), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.0491. Model Standards to Prevent Discharge of Untreated Wastewater From Sanitary Sewers

Sec. 26.0491.  MODEL STANDARDS TO PREVENT DISCHARGE OF UNTREATED WASTEWATER FROM SANITARY SEWERS.  (a)  In this section, "separate sanitary sewer system" has the meaning assigned by Section 26.049.
(b)  The commission shall adopt model standards for use by an operator of a separate sanitary sewer system that are designed to prevent the discharge of untreated wastewater from a separate sanitary sewer system as a result of blockage due to grease.
(c)  The model standards shall include the following elements:
(1)  a requirement that grease be completely removed from grease traps on a regular basis;
(2)  a minimum schedule for cleaning of grease traps by a grease trap operator that is sufficient to prevent blockages in the collection system resulting from grease;
(3)  an opportunity to receive an exception from the cleaning schedule;
(4)  a requirement that new commercial and industrial facilities properly install and use grease traps;
(5)  a requirement that, at a commercial or industrial facility where a grease trap has previously been installed, a grease trap be properly used;
(6)  a requirement that alternative treatment methods be supported by scientific data determined by the commission to show that the method will prevent blockages in the collection system caused by grease and will not affect the performance of the system's treatment plant;
(7)  a uniform manifest system;  and
(8)  a schedule of penalties.
Acts 2003, 78th Leg., ch. 1086, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 22.002, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.050. Digital Copies of Boundary Lines

Sec. 26.050.  DIGITAL COPIES OF BOUNDARY LINES.  The commission shall make available to the public digital copies of the Recharge, Transition, and Contributing Zone boundary lines, when they become available.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 10.02, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.052. Limited Liability for Aquatic Herbicide Application

Sec. 26.052.  LIMITED LIABILITY FOR AQUATIC HERBICIDE APPLICATION.  (a)  In this section, "commercially licensed aquatic herbicide applicator" means a person who holds a commercial applicator license issued by the Department of Agriculture under Chapter 76, Agriculture Code, to apply aquatic herbicides.
(b)  Except as provided by Chapter 12, Parks and Wildlife Code, a commercially licensed aquatic herbicide applicator working under contract with a river authority organized pursuant to Section 59, Article XVI, Texas Constitution, is not liable for damages in excess of $2 million for each occurrence of personal injury, property damage, or death resulting directly or indirectly from the application of aquatic herbicide in compliance with such contract, applicable law, and the license terms or permit.
(c)  The control and elimination of noxious weeds, grasses, and vegetation in the rivers, tributaries, impoundments, and reservoirs of the state through the application by river authorities or their agents, employees, or contractors, in compliance with applicable law, licenses, and permits, of aquatic herbicides are essential governmental functions, and except to the extent provided in Chapter 101, Civil Practice and Remedies Code, nothing herein shall be deemed or construed to waive, limit, or restrict the governmental immunity of river authorities in the performance of such governmental functions.
(d)  The limited liability provided by this section does not apply to a commercially licensed aquatic herbicide applicator if the applicator uses the wrong aquatic herbicide, fails to follow manufacturers' warnings, instructions, and directions for the application of the aquatic herbicide, fails to follow the directions of the river authority concerning the application of the aquatic herbicide, or applies the aquatic herbicide in a manner that violates federal or state law, rules, or regulations.
Added by Acts 2001, 77th Leg., ch. 966, Sec. 7.01, eff. Sept. 1, 2001.  Renumbered from Water Code Sec. 26.050 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(144), eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter B. General Powers and Duties › Section 26.053. Don't Mess With Texas Water Program

Sec. 26.053.  DON'T MESS WITH TEXAS WATER PROGRAM.  (a)  The commission by rule shall establish a program to prevent illegal dumping that affects the surface waters of this state by placing signs on major highway water crossings that notify drivers of a toll-free number to call to report illegal dumping.
(b)  The commission shall establish a toll-free number hotline that will forward calls to the appropriate law enforcement agency.
(c)  A local government may work with the commission to participate in the program.  A local government that participates in the program may contribute to the cost of operating the toll-free number hotline.
(d)  The Texas Department of Transportation shall cooperate with the commission in the placement of signs described by Subsection (a).
(e)  The Texas Department of Transportation shall post a sign that complies with program requirements at a major highway water crossing at the time a previously posted sign identifying the crossing or prohibiting dumping at the crossing is scheduled to be replaced.
Added by Acts 2011, 82nd Leg., R.S., Ch. 232 (H.B. 451), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter C. Regional and Area-Wide Systems › Section 26.081. Regional or Area-Wide Systems; General Policy

Sec. 26.081.  REGIONAL OR AREA-WIDE SYSTEMS;  GENERAL POLICY.  (a)  The legislature finds and declares that it is necessary to the health, safety, and welfare of the people of this state to implement the state policy to encourage and promote the development and use of regional and area-wide waste collection, treatment, and disposal systems to serve the waste disposal needs of the citizens of the state and to prevent pollution and maintain and enhance the quality of the water in the state.
(b)  Within any standard metropolitan statistical area in the state, the commission is authorized to implement this policy in the manner and in accordance with the procedure provided in Sections 26.081 through 26.086 of this code.
(c)  In those portions of the state which are not within a standard metropolitan statistical area, the commission shall observe this state policy by encouraging interested and affected persons to cooperate in developing and using regional and area-wide systems.  The commission may not use the procedure specified in Sections 26.081 through 26.086 of this code in these areas to implement this policy.  However, this does not affect or diminish any authority which the commission may otherwise have and exercise under other provisions of this chapter.
(d)  The term "standard metropolitan statistical area," as used in this section, means an area consisting of a county or one or more contiguous counties which is officially designated as such by the United States Office of Management and Budget or its successor in this function.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.093, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter C. Regional and Area-Wide Systems › Section 26.082. Hearing to Define Area of Regional or Area-Wide Systems

Sec. 26.082.  HEARING TO DEFINE AREA OF REGIONAL OR AREA-WIDE SYSTEMS.  (a)  Whenever it appears to the commission that because of the existing or reasonably foreseeable residential, commercial, industrial, recreational, or other economic development in an area a regional or area-wide waste collection, treatment, or disposal system or systems are necessary to prevent pollution or maintain and enhance the quality of the water in the state, the commission may hold a public hearing in or near the area to determine whether the policy stated in Section 26.081 of this code should be implemented in that area.
(b)  Notice of the hearing shall be given to the local governments which in the judgment of the commission may be affected.
(c)  If after the hearing the commission finds that a regional or area-wide system or systems are necessary or desirable to prevent pollution or maintain and enhance the quality of the water in the state, the commission may enter an order defining the area in which such a system or systems are necessary or desirable.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.094, eff. Sept. 1, 1985.