TCEQ Adopts New Rules For Accidental Discharges, Spills At Wastewater Treatment, Collection Systems

On May 11, 2016, TCEQ commissioners adopted the Volume Based Exemptions for Certain Accidental Discharges implementing Senate Bill (SB) 912, 84th Legislature.

The new rules allow any single, accidental discharge or spill of treated or untreated domestic wastewater that occurs at a wastewater treatment or collection system owned or operated by a local government to be reported to the TCEQ monthly, as a summary of spills, provided the following conditions are met:

• the spill volume is 1,000 gallons or less;
• it is not associated with another accidental discharge or spill;
• it is controlled or removed before entering water in the state;
• it does not adversely affect a public or private source of drinking water;
• it will not endanger human health or safety or the environment; and
• it is not otherwise subject to local regulatory control and reporting requirements.

The rule requires the owner or operator of the facility or collection system to use standard methods established by the TCEQ when calculating the volume of a discharge or spill.

Additionally, the rules created a definition for the history of noncompliance and allow the TCEQ to require more frequent reporting based on that history.  The TCEQ is establishing methods for formatting and submission of the monthly summary, which should be available on the TCEQ website in the near future.

The anticipated effective date of the new and amended rules is June 2, 2016. For more information, go to: http://www.tceq.texas.gov/rules/adopt.html