BILL ANALYSIS H.B. 1876 By: Stiles (Lucio) Water 5-25-95 Senate Committee Report (Unamended) BACKGROUND Sanitary sewer systems in Texas are separate sanitary sewer systems, designed to carry wastewaters and stormwaters. Combined sewer systems, which are located primarily in the eastern and northeastern United States, are designed to carry wastewater and stormwater to wastewater treatment plants except during periods of heavy rainfall inflow, at which time excess stormwater and diluted sewage effluent are discharged into receiving streams from overflow points in the system. Many separate sanitary sewer systems operate in the same manner as combined sewer systems because of the infiltration and inflow of stormwater and groundwater into the collection pipes and mains of the system. The Environmental Protection Agency has issued a national policy for overflows from combined sewer systems and is currently in the process of developing a national polity for overflows from separate sanitary sewer systems. The Texas Natural Resource Conservation Commission has considered adoption of a state policy for overflows from separate sanitary sewer systems. PURPOSE As proposed, H.B. 1876 provides for the regulation and control of sanitary sewer overflows. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the Texas Natural Resource Conservation Commission under SECTION 1 (Sec. 26.049(b), Water Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 26B, Water Code, by adding Section 26.049, as follows: Sec. 26.049. SANITARY SEWER OVERFLOWS. (a) Prohibits the Texas Natural Resource Conservation Commission (commission) from adopting rules governing sanitary sewer overflows (overflows), issue a permit regarding overflows, or initiate any enforcement action related to an overflow or a threatened overflow that is stricter than the national policy for sewer overflows; or seeks compliance in a manner that exceeds the minimum requirements of that policy. (b) Sets forth requirements for the commission, if the commission adopts a rule governing overflows. (c) Authorizes the commission, until a national policy for separate system overflows is finally adopted and if the commission adopts a rule governing sewer overflows, to use the national combined sewer overflow policy as the basis for working with local governments to develop cost-effective programs to control sewer overflows. Provides that implementation schedules developed may be based on the national combined sewer overflow policy. (d) Authorizes the commission to require a local government that substantially complies with the national policy for sewer overflows to provide additional controls only if the commission documents a water quality problem attributable to the local government that threatens human health, safety, or the environment. (e) Defines "national combined sewer overflow policy" "national policy for sewer overflows" "separate sanitary sewer system" and "sanitary sewer overflow." SECTION 2. Effective date: September 1, 1995. SECTION 3. Emergency clause.