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   1-12  as amended or superseded.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   1-16  April 19, 1994, as amended or superseded, or a national policy for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.