2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 18 - Marine Seawater Desalination Projects › Section 18.005. Discharge of Treated Marine Seawater or Waste Resulting From Desalination of Marine Seawater

Sec. 18.005.  DISCHARGE OF TREATED MARINE SEAWATER OR WASTE RESULTING FROM DESALINATION OF MARINE SEAWATER.  (a)  In this section, "permit," "person," "to discharge," "waste," and "water" have the meanings assigned by Section 26.001.
(b)  Section 26.011 applies to discharges governed by this section in the same manner as that section applies to discharges governed by Chapter 26.
(c)  A person must obtain a permit to discharge:
(1)  treated marine seawater into a natural stream in this state or a lake, reservoir, or other impoundment in this state; or
(2)  waste resulting from the desalination of treated marine seawater into the Gulf of Mexico.
(d)  A person shall:
(1)  treat marine seawater so as to meet standards that are at least as stringent as the water quality standards adopted by the commission applicable to the receiving stream or impoundment before discharging the seawater under this section; and
(2)  comply with all applicable state and federal requirements when discharging waste resulting from the desalination of marine seawater into the Gulf of Mexico.
(e)  The commission by rule shall provide an expedited procedure for acting on an application for a permit under this section.  The rules must provide for:
(1)  notice, an opportunity for the submission of written comment, and an opportunity to request a public meeting and may authorize a contested case hearing regarding commission actions relating to an application for a permit described by Subsection (c)(1);
(2)  notice, an opportunity for the submission of written comment, an opportunity to request a public meeting, and an opportunity for a contested case hearing regarding commission actions relating to an application for a permit described by Subsection (c)(2) if the point of discharge is located within three miles of any point located on the coast of this state; and
(3)  notice and an opportunity for the submission of written comment regarding commission actions relating to an application for a permit described by Subsection (c)(2) if Subdivision (2) of this subsection does not apply.
(f)  A person may not discharge waste resulting from the desalination of marine seawater into a bay or estuary under a permit issued under Subsection (c)(2).
(g)  The Parks and Wildlife Department and the General Land Office jointly shall conduct a study to identify zones in the Gulf of Mexico that are appropriate for the discharge of waste resulting from the desalination of marine seawater, taking into account the need to protect marine organisms.  Not later than September 1, 2018, the Parks and Wildlife Department and the General Land Office shall submit a report on the results of the study to the commission.  The report must include recommended discharge zones for designation by the commission.  Not later than September 1, 2020, the commission by rule shall designate appropriate discharge zones.  The point at which a facility may discharge waste resulting from the desalination of marine seawater must be located in a discharge zone designated by the commission under rules adopted under this subsection if the facility is authorized by a permit issued under Subsection (c)(2) after the rules are adopted.
(h)  Until the commission adopts rules under Subsection (g), a person must consult the Parks and Wildlife Department and the General Land Office regarding the point at which the facility the person proposes to construct may discharge waste resulting from the desalination of marine seawater before submitting an application for a permit under Subsection (c)(2) for the facility.
Added by Acts 2015, 84th Leg., R.S., Ch. 756 (H.B. 2031), Sec. 10, eff. June 17, 2015.