Relating to the issuance by the Texas Commission on Environmental Quality of permits for certain wastewater treatment facilities.

89(R) SB 1586 - Engrossed version - Bill Text

By: Schwertner

S.B. No. 1586

A BILL TO BE ENTITLED

AN ACT

relating to the issuance by the Texas Commission on Environmental

Quality of permits for certain wastewater treatment facilities.

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

SECTION 1. Subchapter B, Chapter 26, Water Code, is amended

by adding Section 26.054 to read as follows:

Sec.

26.054.

CONDITIONS OF PERMIT FOR PACKAGE PLANT.

(a)

In this section, "package plant" means a pre-manufactured

wastewater treatment facility with a capacity of less than 500,000

gallons per day. The term includes an extended aeration plant,

sequencing batch reactor, or oxidation ditch.

(b)

The commission may not issue a permit for a proposed

package plant that is located within 1,000 feet of a municipal

wastewater line.

(c)

The commission may issue a permit for a proposed package

plant only if the applicant demonstrates to the commission that:

(1)

the applicant will implement measures to ensure

the security and weatherization of the package plant;

(2)

the applicant has financial assurance adequate to

provide for future maintenance of the package plant;

(3)

the owner or operator of a permitted wastewater

treatment facility or wastewater collection system located within

three miles of the service area of the proposed package plant has

affirmatively denied a request by the applicant or the owner of the

property to be served by the proposed package plant for the

provision of the same or similar service to be provided by the

proposed package plant;

(4)

the cumulative effect of the discharge of

wastewater from the proposed package plant considered together with

the discharge of wastewater from other permitted facilities on the

proposed disposal route will not result in an increase in

environmental degradation; and

(5) the applicant:

(A)

does not owe delinquent fees to the

commission;

(B)

is not subject to an unresolved

administrative order issued by the commission; and

(C)

within the 10 years preceding the date the

applicant filed the application, has not had a repeated or

unresolved violation that cannot be remediated by a major amendment

to a permit issued by the commission or the operation of a new

permitted facility.

SECTION 2. Section 26.054, Water Code, as added 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.

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