Texas Water Code
§ 26.039 — ACCIDENTAL DISCHARGES AND SPILLS
WA § 26.039Title 2. WATER ADMINISTRATION · Part D. WATER QUALITY CONTROL · Ch. 26. WATER QUALITY CONTROL · Art. B. GENERAL POWERS AND DUTIES
Statute text
View on source(a)As used in this section:
(1)"Accidental discharge" means an act or omission through which waste or other substances are inadvertently discharged into water in the state.
(2)"Spill" means an act or omission through which waste or other substances are deposited where, unless controlled or removed, they will drain, seep, run, or otherwise enter water in the state.
(3)"Other substances" means substances which may be useful or valuable and therefore are not ordinarily considered to be waste, but which will cause pollution if discharged into water in the state.
(b)Except as provided by Subsection (g), whenever an accidental discharge or spill occurs at or from any activity or facility which causes or may cause pollution, the individual operating, in charge of, or responsible for the activity or facility shall notify the commission as soon as possible and not later than 24 hours after the occurrence. The individual's notice to the commission must include the location, volume, and content of the discharge or spill.
(c)Activities which are inherently or potentially capable of causing or resulting in the spillage or accidental discharge of waste or other substances and which pose serious or significant threats of pollution are subject to reasonable rules establishing safety and preventive measures which the commission may adopt or issue. The safety and preventive measures which may be required shall be commensurate with the potential harm which could result from the escape of the waste or other substances.
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Legislative history
Acts 2015, 84th Leg., R.S., Ch. 251 (S.B. 912), Sec. 1, eff. September 1, 2015.