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.
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