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 * * * * *