CHAPTER 32. SUBSURFACE AREA DRIP DISPERSAL SYSTEM

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WATER CODE

TITLE 2. WATER ADMINISTRATION

SUBTITLE D. WATER QUALITY CONTROL

CHAPTER 32. SUBSURFACE AREA DRIP DISPERSAL SYSTEM

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 32.001. SHORT TITLE. This chapter may be cited as the

Subsurface Area Drip Dispersal System Act.

Added by Acts 2005, 79th Leg., Ch.

637, Sec. 1, eff. June 17, 2005.

Sec. 32.002. DEFINITIONS. In this chapter:

(1) "Commission" means the Texas Commission on Environmental

Quality.

(2) "Commercial, industrial, or municipal waste":

(A) means any water-dominant liquid waste substance that may

cause or might reasonably be expected to cause pollution of fresh

water and that may result from:

(i) processes of industry, manufacturing, trade, or business;

(ii) development or recovery of natural resources, except as

provided by Paragraph (B); or

(iii) disposal of sewage or other wastes of cities, towns,

villages, communities, water districts, other municipal

corporations, educational facilities, apartment complexes, and

other commercial facilities; and

(B) does not include:

(i) oil and gas waste, as defined by Section 27.002;

(ii) tar sands;

(iii) sulfur;

(iv) brine from desalination; or

(v) hazardous waste, as defined by Section 361.003, Health and

Safety Code.

(3) "Department" means the Department of State Health Services.

(4) "Executive director" means the executive director of the

commission.

(5) "Fresh water" has the meaning assigned by Section 27.002.

(6) "Pollution" has the meaning assigned by Section 27.002.

(7) "Processed" means the action of reducing liquid waste to a

state that will allow injection by subsurface drip dispersal into

an area without creating pollution.

(8) "Subsurface area drip dispersal system" means a waste

disposal system that injects processed commercial, industrial, or

municipal waste into the ground at a depth of not more than 48

inches and spreads the waste over a large enough area that the

soil hydrologic absorption rate and crop/plant root absorption

rate are not exceeded.

Added by Acts 2005, 79th Leg., Ch.

637, Sec. 1, eff. June 17, 2005.

Sec. 32.003. POLICY AND PURPOSE. It is the policy of this state

and the purpose of this chapter to:

(1) maintain the quality of fresh water in the state to the

extent consistent with the public health and welfare and the

operation of existing industries;

(2) promote the beneficial reuse of commercial, industrial, and

municipal waste for the economic development of the state,

thereby reducing the demand on the state's supply of fresh water;

(3) prevent underground injection that may pollute fresh water;

and

(4) require the use of all reasonable methods to implement this

policy.

Added by Acts 2005, 79th Leg., Ch.

637, Sec. 1, eff. June 17, 2005.

SUBCHAPTER B. JURISDICTION OF COMMISSION

Sec. 32.051. PERMIT FROM COMMISSION. A person may not operate a

subsurface area drip dispersal system without first obtaining a

permit from the commission.

Added by Acts 2005, 79th Leg., Ch.

637, Sec. 1, eff. June 17, 2005.

Sec. 32.052. APPLICATION FOR PERMIT. The commission shall

prescribe forms for application for a permit and shall make the

forms available on request without charge.

Added by Acts 2005, 79th Leg., Ch.

637, Sec. 1, eff. June 17, 2005.

Sec. 32.053. INFORMATION REQUIRED OF APPLICANT. An applicant

shall furnish any information the executive director considers

necessary to discharge the executive director's duties under this

chapter and the rules of the commission.

Added by Acts 2005, 79th Leg., Ch.

637, Sec. 1, eff. June 17, 2005.

Sec. 32.054. INSPECTION OF DISPERSION AREA. On receiving an

application for a permit, the executive director shall inspect

the location of the proposed dispersion area to determine the

local conditions and the probable effect of the subsurface area

drip dispersal system.

Added by Acts 2005, 79th Leg., Ch.

637, Sec. 1, eff. June 17, 2005.

Sec. 32.055. RECOMMENDATIONS FROM OTHER PERSONS. The executive

director shall submit to the department and to other persons

designated by the commission copies of each permit application

received in proper form. A person to whom an application is

submitted may make recommendations to the commission concerning

any aspect of the application not later than the 30th day after

the date the application is submitted.

Added by Acts 2005, 79th Leg., Ch.

637, Sec. 1, eff. June 17, 2005.

Sec. 32.056. HEARING ON PERMIT APPLICATION. (a) In this

section, "local government" has the meaning assigned by Section

26.001.

(b) The commission may hold a public hearing on a permit

application for a subsurface area drip dispersal system if the

commission determines that a hearing is necessary and in the

public interest.

application for a subsurface area drip dispersal system if a

hearing is requested by a local government located in the county

of the proposed disposal site or by an affected person.

(d) The commission by rule shall provide for giving notice of

the opportunity to request a public hearing on a permit

application. The rules for notice shall include provisions for

giving notice to local governments and affected persons.

(e) Before the commission begins to hear the testimony in a

contested case as defined by Chapter 2001, Government Code,

evidence must be placed in the record to demonstrate that proper

notice regarding the hearing was given to affected persons. If

mailed notice to an affected person is required, the commission

or other party to the hearing shall place evidence in the record

that notice was mailed to the address of the affected person

included in the appropriate county tax rolls at the time of

mailing. For the purposes of this subsection, the affidavit of

the commission employee responsible for the mailing of the

notice, attesting to the fact that notice was mailed to the

address included in the tax rolls at the time of mailing, shall

be prima facie evidence of proper mailing. The commission may

not proceed with receipt of testimony in a contested case until

the requirements of this subsection are complied with.

Added by Acts 2005, 79th Leg., Ch.

637, Sec. 1, eff. June 17, 2005.

Sec. 32.057. OPPORTUNITY TO COMMENT ON PROPOSED RULES. The

commission shall send copies of proposed rules under this chapter

to the department and any other persons designated by the

commission. A person to whom the copies of proposed rules are

sent may submit comments and recommendations to the commission

and shall have a reasonable time to do so as determined by the

commission.

Added by Acts 2005, 79th Leg., Ch.

637, Sec. 1, eff. June 17, 2005.

SUBCHAPTER C. ISSUANCE OF PERMITS: TERMS AND CONDITIONS

Sec. 32.101. ISSUANCE OF PERMIT. (a) The commission may grant

an application for a permit for a subsurface area drip dispersal

system in whole or part and may issue the permit if it finds

that:

(1) the use or installation of the system is in the public

interest;

(2) with proper safeguards, both subsurface and surface fresh

water can be adequately protected from pollution; and

(3) the applicant has provided for the proper operation of the

system.

(b) In the permit, the commission shall impose terms and

conditions reasonably necessary to protect fresh water from

pollution.

a subsurface area drip dispersal system is in the public interest

under Subsection (a)(1), shall consider:

(1) compliance history of the applicant and related entities

under the method for evaluating compliance history developed by

the commission under Section 5.754 and in accordance with the

provisions of Subsection (d) of this section;

(2) whether there is a practical, economic, and feasible

alternative to a subsurface area drip dispersal system reasonably

available; and

(3) any other factor the commission considers relevant.

(d) The commission shall establish a procedure for the

preparation of comprehensive summaries of the applicant's

compliance history, including the compliance history of any

corporation or other business entity managed, owned, or otherwise

closely related to the applicant. The summaries shall be made

available to the applicant and any interested person after the

commission has completed its technical review of the permit

application and prior to giving public notice relating to the

issuance of the permit. Evidence of compliance or noncompliance

by an applicant for a subsurface area drip dispersal system

permit with environmental statutes and the rules adopted or

orders or permits issued by the commission may be offered by any

party at a hearing on the applicant's application and admitted

into evidence subject to applicable rules of evidence. Evidence

of the compliance history of an applicant for a subsurface area

drip dispersal system permit may be offered by the executive

director at a hearing on the application and admitted into

evidence subject to the rules of evidence. The commission shall

consider all evidence admitted, including compliance history, in

determining whether to issue, amend, extend, or renew a permit.

If the commission concludes that the applicant's compliance

history is unacceptable, the commission shall deny the permit.

Added by Acts 2005, 79th Leg., Ch.

637, Sec. 1, eff. June 17, 2005.

Sec. 32.102. COPIES OF PERMIT FILING REQUIREMENTS. (a) The

commission shall send to the department a copy of each permit

issued under this chapter.

(b) Before beginning injection operations, a person receiving a

permit for a subsurface area drip dispersal system shall file a

copy of the permit with the applicable local health authorities

of the area in which the system is located.

Added by Acts 2005, 79th Leg., Ch.

637, Sec. 1, eff. June 17, 2005.

SUBCHAPTER D. GENERAL POWERS

Sec. 32.151. POWER TO ENTER PROPERTY. A member or employee of

the commission or an authorized agent or employee of a local

government may enter public or private property to inspect and

investigate conditions relating to a subsurface area drip

dispersal system in connection with subsurface drip dispersal

activities or to monitor compliance with a rule, permit, or order

of the commission. A member or employee acting under the

authority of this section who enters an establishment on public

or private property shall observe the establishment's safety,

internal security, and fire protection rules.

Added by Acts 2005, 79th Leg., Ch.

637, Sec. 1, eff. June 17, 2005.

Sec. 32.152. POWER TO EXAMINE RECORDS. A member or employee of

the commission or an authorized agent or employee of a local

government may examine and copy any record or memorandum of a

business the member, employee, or agent is investigating as

provided by Section 32.151 that relates to the operation of a

subsurface area drip dispersal system or any other record the

commission requires the business to maintain.

Added by Acts 2005, 79th Leg., Ch.

637, Sec. 1, eff. June 17, 2005.

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