bill makes waste discharge applicants prove alternatives fail

The text as introduced · 349 words

By: Zwiener
H.B. No. 2608

A BILL TO BE ENTITLED

AN ACT

relating to the consideration by the Texas Commission on

Environmental Quality of alternative waste collection, treatment,

and disposal options before issuing permits to discharge certain

waste.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 26.0282, Water Code, is amended to read

as follows:

Sec. 26.0282. CONSIDERATION OF NEED AND REGIONAL TREATMENT

OPTIONS. (a) 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.

(b) The commission may not issue a permit to discharge waste

unless the applicant demonstrates to the commission that:

(1) it is not economically feasible for another holder

of a permit issued under this chapter to collect, treat, and dispose

of the waste proposed to be discharged by the applicant; or

(2) that it will treat and discharge waste to a higher

water quality standard than the waste would otherwise be treated to

if another holder of a permit issued under this chapter were to

collect, treat, and dispose of the waste proposed to be discharged

by the applicant.

(c) This section is expressly directed to the control and

treatment of conventional pollutants normally found in domestic

wastewater.

SECTION 2. Section 26.0282, Water Code, as amended by this

Act, applies only to an application for the issuance of a permit

that is filed with the Texas Commission on Environmental Quality on

or after the effective date of this Act. An application for a

permit filed before the effective date of this Act is governed by

the law in effect on the date of the filing, and the former law is

continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2025.