CHAPTER 32. SUBSURFACE AREA DRIP DISPERSAL SYSTEM
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.
(c) The commission shall hold a public hearing on a permit
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.
(c) The commission, in determining if the use or installation of
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.