1-1 By: Stiles (Senate Sponsor - Lucio) H.B. No. 1876
1-2 (In the Senate - Received from the House April 21, 1995;
1-3 April 24, 1995, read first time and referred to Committee on
1-4 Natural Resources; May 25, 1995, reported favorably by the
1-5 following vote: Yeas 6, Nays 0; May 25, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation and control of sanitary sewer overflows.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Subchapter B, Chapter 26, Water Code, is amended
1-11 by adding Section 26.049 to read as follows:
1-12 Sec. 26.049. SANITARY SEWER OVERFLOWS. (a) The commission
1-13 may not adopt a rule governing sanitary sewer overflows, issue a
1-14 permit regarding sanitary sewer overflows, or initiate any
1-15 enforcement action related to a sanitary sewer overflow or a
1-16 threatened overflow that:
1-17 (1) is stricter than the national policy for sewer
1-18 overflows; or
1-19 (2) seeks compliance in a manner that exceeds the
1-20 minimum requirements of that policy.
1-21 (b) If the commission adopts a rule governing sanitary sewer
1-22 overflows, the commission shall:
1-23 (1) employ the maximum flexibility allowed under the
1-24 national policy for sewer overflows;
1-25 (2) allow alternative strategies for the control of
1-26 sanitary sewer overflows;
1-27 (3) consider the financial conditions and constraints
1-28 of local governments that own separate sanitary sewer systems; and
1-29 (4) allow local governments that own separate sanitary
1-30 sewer systems sufficient time to design and develop cost-effective
1-31 methods for controlling sanitary sewer overflows before the
1-32 commission begins an enforcement action to control sanitary sewer
1-33 overflows.
1-34 (c) Until a national policy for separate sanitary sewer
1-35 system overflows is finally adopted and if the commission adopts a
1-36 rule governing sewer overflows, the commission may use the national
1-37 combined sewer overflow policy as the basis for working with local
1-38 governments to develop cost-effective programs to control sewer
1-39 overflows. Implementation schedules developed may be based on the
1-40 national combined sewer overflow policy.
1-41 (d) The commission may require a local government that
1-42 substantially complies with the national policy for sewer overflows
1-43 to provide additional controls only if the commission documents a
1-44 water quality problem attributable to the local government that
1-45 threatens human health, safety, or the environment.
1-46 (e) In this section:
1-47 (1) "National combined sewer overflow policy" means
1-48 the Combined Sewer Overflow Control Policy of the United States
1-49 Environmental Protection Agency dated April 8, 1994, and published
1-50 April 19, 1994, as amended or superseded.
1-51 (2) "National policy for sewer overflows" means the
1-52 Combined Sewer Overflow Control Policy of the United States
1-53 Environmental Protection Agency dated April 8, 1994, and published
1-54 April 19, 1994, as amended or superseded, or another national
1-55 policy that is finally adopted by the United States Environmental
1-56 Protection Agency after September 1, 1995, governing separate
1-57 sanitary sewer system overflows.
1-58 (3) "Separate sanitary sewer system" means a
1-59 wastewater collection system, separate and distinct from a storm
1-60 sewer system, that conveys domestic, municipal, commercial, or
1-61 industrial wastewaters to a publicly owned treatment plant.
1-62 (4) "Sanitary sewer overflow" means a discharge of
1-63 wastewater, stormwater that has entered a separate sanitary sewer
1-64 system, or a combination of wastewater and stormwater from a
1-65 separate sanitary sewer system at a point or points before the
1-66 water enters a publicly owned treatment plant.
1-67 SECTION 2. This Act takes effect September 1, 1995.
1-68 SECTION 3. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended.
2-5 * * * * *