SB1586 - Relating to the issuance by the Texas Commission on Environmental Quality of permits for certain wastewater treatment facilities.

      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.