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.