Water Quality/Stormwater Seminar September 2015

House Bill 2031 Requires TCEQ to adopt an expedited permitting process for discharge permits for treated marine seawater and wastewater from desalination of marine seawater into the Gulf of Mexico.

HB 2031 Treated seawater discharges and desalination wastewater discharges into the Gulf within 3 miles offshore: public notice, public comment, opportunity for public meeting, and opportunity for contested case hearing. Desalination wastewater discharges into the Gulf >3 miles offshore: public notice and public comment only. No opportunity for public meeting or contested case hearing.

HB 2031 Discharge Zones in the Gulf: o Texas Parks & Wildlife Department (TPWD) and General Land Office (GLO) will develop recommended discharge zones in the Gulf by o TCEQ will adopt rules for discharge zones by o Prior to 2020, a person must consult TPWD and GLO regarding the discharge point prior to submitting a wastewater discharge application to TCEQ. o After 2020, all discharges of desalination reject water into the Gulf must be within the established discharge zones.

HB 2031 Discharge of desalination reject water into bays and estuaries is prohibited under the expedited permit process There are other water rights components of the bill which are not discussed today. TCEQ is initiating rulemaking to implement the bill Stakeholder meeting: October 8, 2015 Proposal agenda: Spring 2016

House Bill 1902 Creates a new regulatory program for “alternative onsite water” in conjunction with the graywater regulations Alternate Onsite Water is rainwater, air-conditioning condensate, foundation drain water, storm water, cooling tower blowdown, swimming pool backwash and drain water, reverse osmosis reject water, or any other source of water considered appropriate by the commission.

HB 1902 TCEQ must develop minimum standards for both the indoor and outdoor use of treated graywater and alternative onsite water. The standards must: allow the use of graywater and alternative onsite water for toilet and urinal flushing; establish minimum treatment requirements; and assure these uses don't create a nuisance, threaten human health, or damage surface and groundwater quality.

HB 1902 Allows an adjustment in the size of an on-site sewage disposal system when used in conjunction with a graywater system. TCEQ may develop rules for the inspection and annual testing of graywater and alternative onsite water systems. TCEQ has initiated rulemaking to implement the bill. Proposal agenda: June 2016

Senate Bill 912 Single, accidental discharges or spills of treated or untreated domestic wastewater that occur at a wastewater treatment facility or collection system owned or operated by a local government may be reported as a summary of spills to the TCEQ on a monthly basis when the certain conditions are met.

SB 912 The spill volume is 1,000 gallons or less, It is not associated with another accidental discharge or spill, It is controlled or removed before entering water in the state, It does not adversely affect a public or private source of drinking water, It will not endanger human health or safety or the environment, and It is not otherwise subject to local regulatory control and reporting requirements.

SB 912 The summary must include the location, volume, and content of each accidental discharge or spill that occurred during the preceding month. The owner or operator of the facility must use the established standard method(s) for calculating the volume of an accidental discharge or spill.

SB 912 TCEQ must consider the compliance history of the individual. TCEQ is developing rules to implement the bill. The rule will establish standard method(s) for calculating the volume of an accidental discharge or spill. Proposal agenda: January 2016

Senate Bill 709 Applies to the contested case hearing (CCH) process for applications for air quality; water quality; municipal, industrial and hazardous waste; and underground injection control permits received after Sept. 1, The public or interested groups or associations must make timely comments on the application to be considered as an affected person, thus removing the ability for hearing requestors to adopt comments made by others as their own issues for a CCH.

SB 709 A group or association must specifically identify by name and physical address in its timely hearing request a member who would be an affected person in the person’s own right. Issues submitted by the commission to the State Office of Administrative Hearings (SOAH) for the CCH must be detailed and complete and contain only factual issues or mixed questions of fact and law.

SB 709 The application, draft permit and preliminary decision, and other documentation filed with SOAH as the administrative record establishes a prima facie demonstration that the draft permit meets all state and federal legal and technical requirements, and, the permit, if issued, would protect human health and safety, the environment, and physical property. The prima facie case may be rebutted by presentation of evidence that demonstrates that at least part of the draft permit violates a specifically applicable state or federal requirement.

SB 709 The executive director’s role as a party in a CCH is to complete the administrative record and support his position developed in the draft permit. The bill limits the time for the issuance of the administrative law judge’s (ALJ) proposal for decision in a CCH to no longer than 180 days from the date of the preliminary hearing or by an earlier date specified by the commission

SB 709 TCEQ has initiated rulemaking to implement the bill. Proposal Agenda was August 5, 2015 Comment period ended September 21, 2015 Adoption Agenda is in December 9, 2015.

More Information Track Rule Projects at: Laurie Fleet Water Quality Division