(a) In considering the issuance of a permit to discharge effluent into any body of water having an established recreational standard, the commission shall consider any unpleasant odor quality of the effluent and the possible adverse effect that it might have on the receiving body of water, and the commission may consider the odor as one of the elements of the water quality of the effluent.
(b) In considering the issuance of a permit to discharge effluent comprised primarily of sewage or municipal waste into any body of water that crosses or abuts any park, playground, or schoolyard within one mile of the point of discharge, the commission shall consider any unpleasant qualities of the effluent, including unpleasant odor, and any possible adverse effects that the discharge of the effluent might have on the recreational value of the park, playground, or schoolyard.

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Terms Used In Texas Water Code 26.030

  • Commission: means the Texas Natural Resource Conservation Commission. See Texas Water Code 26.001
  • Effects: includes all personal property and all interest in that property. See Texas Government Code 312.011
  • Municipal waste: means waterborne liquid, gaseous, or solid substances that result from any discharge from a publicly owned sewer system, treatment facility, or disposal system. See Texas Water Code 26.001
  • Permit: means an order issued by the commission in accordance with the procedures prescribed in this chapter establishing the treatment which shall be given to wastes being discharged into or adjacent to any water in the state to preserve and enhance the quality of the water and specifying the conditions under which the discharge may be made. See Texas Water Code 26.001
  • Sewage: means waterborne human waste and waste from domestic activities, such as washing, bathing, and food preparation. See Texas Water Code 26.001
  • To discharge: includes to deposit, conduct, drain, emit, throw, run, allow to seep, or otherwise release or dispose of, or to allow, permit, or suffer any of these acts or omissions. See Texas Water Code 26.001