MEMORANDUM TO: David Dean FROM: Mit Spears DATE: January 9, 1980 RE: TDWR - Authority to Control Industrial Waste Discharges The overall authority of the TDWR to control discharges and emissions into bay waters is provided under Sec. 26.001 et seq of the Texas Water Code. Particular attention should be directed toward Sec. 26.001(11) which defines "Industrial Waste." The subsection defines industrial waste as "any waterborne liquid, gaseous or solid substances that result from any process of industry, manufacturing, trade or business." Section 26.121 is the prohibition against pollution. Note that activities of which are permitted by Parks and Wildlife, General Land Office or the Railroad Commission do not fall within TDWR's purview of authority. Note that the Health Department is not referenced in said section. Upon finding an unauthorized discharge, the Department may do one of several things. Generally, if the situation is de minimus, TDWR will contact the pollutor and advise him of the necessity of either obtaining a permit or stopping the discharge. If the pollutor ignores TDWR, or if the degree of pollution is of sufficient magnitude, the Department will bring an enforcement action against the pollutor through the Attorney General under either sections 26.122 or 26.123.