By Stiles H.B. No. 1876 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation, control, and authorization of sanitary 1-3 sewer overflows. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 26, Water Code, is amended 1-6 by adding Section 26.049 to read as follows: 1-7 Sec. 26.049. SANITARY SEWER OVERFLOWS. (a) In this 1-8 section: 1-9 (1) "National CSO Policy" means the Combined Sewer 1-10 Overflow Control Policy of the United States Environmental 1-11 Protection Agency dated April 8, 1994 and published April 19, 1994, 1-12 as amended or superseded. 1-13 (1) "National Policy for Sewer Overflows" means the 1-14 Combined Sewer Overflow Control Policy of the United States 1-15 Environmental Protection Agency dated April 8, 1994 and published 1-16 April 19, 1994, as amended or superseded, or a national policy for 1-17 separate sanitary sewer system overflows that is finally adopted by 1-18 the United States Environmental Protection Agency after the 1-19 effective date of this Act. 1-20 (2) "Separate Sanitary Sewer System" means a 1-21 wastewater collection system, separate and distinct from a storm 1-22 sewer system, that conveys domestic, municipal, commercial, or 1-23 industrial wastewaters to a publicly owned treatment plant. 2-1 (3) "Sanitary Sewer Overflow" means a discharge of 2-2 wastewaters, stormwaters that have entered a separate sanitary 2-3 sewer system, or a combination thereof, from a separate sanitary 2-4 sewer system at a point or points prior to entry into a publicly 2-5 owned treatment plant. 2-6 (b) The Commission shall adopt no regulations for sanitary 2-7 sewer overflows, nor issue any permit, nor initiate any enforcement 2-8 action that is stricter than the national policy for sewer 2-9 overflows or which seeks compliance in a manner that exceeds the 2-10 minimum requirements of that policy. 2-11 (c) If the Commission adopts regulations concerning sanitary 2-12 sewer overflows, it shall employ the maximum flexibility allowed 2-13 under the national policy for sewer overflows, shall allow 2-14 alternative strategies for the control of sanitary sewer overflows, 2-15 shall take into consideration the financial conditions and 2-16 constraints of local governments that own separate sanitary sewer 2-17 systems, and shall allow such local governments ample time to 2-18 design and develop cost-effective methods for controlling sanitary 2-19 sewer overflows prior to the Commission's initiation of any 2-20 enforcement actions for the control of sanitary sewer overflows. 2-21 (d) Until such time as a national policy for separate 2-22 sanitary sewer system overflows is finalized and if the Commission 2-23 enacts final regulations for sewer overflows, the Commission may 2-24 utilize the national CSO policy as the basis for working with local 2-25 governments to develop cost-effective programs for control of sewer 3-1 overflows. Implementation schedules may be developed based upon 3-2 the national CSO policy. 3-3 (e) Local governments that achieve substantial compliance 3-4 with the national policy for sewer overflows may be required to 3-5 provide additional controls only if a water quality problem that 3-6 threatens human health, safety, or the environment is documented by 3-7 the Commission. 3-8 SECTION 2. The importance of this legislation and the 3-9 crowded condition of the calendars in both houses create an 3-10 emergency and an imperative public necessity that the 3-11 constitutional rule requiring bills to be read on three several 3-12 days in each house be suspended, and this rule is hereby suspended.