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1-12 as amended or superseded.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1-16 April 19, 1994, as amended or superseded, or a national policy for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