1-1 AN ACT 1-2 relating to the permitting of discharges from certain sewage 1-3 treatment and disposal systems in certain counties. 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 26.0405 to read as follows: 1-7 Sec. 26.0405. GENERAL PERMITS FOR CERTAIN SEWAGE TREATMENT 1-8 AND DISPOSAL SYSTEMS. (a) To the extent not in conflict with 1-9 state water quality standards or federal law, the commission shall 1-10 issue one or more general permits for the discharge of treated 1-11 sewage into or adjacent to water in this state by a sewage 1-12 treatment and disposal system if the system: 1-13 (1) produces not more than 5,000 gallons of waste each 1-14 day; 1-15 (2) is in a county with a population of 2.8 million 1-16 or more that is an authorized agent under Chapter 366, Health and 1-17 Safety Code, and that has: 1-18 (A) adopted a resolution under Section 7.352 1-19 that authorizes the county to exercise enforcement power under 1-20 Subchapter H, Chapter 7; and 1-21 (B) entered into an agreement with the 1-22 commission to inspect, investigate, and otherwise monitor 1-23 compliance with the permit; 1-24 (3) provides sewage treatment and disposal for a 2-1 single-family residence for which the commission determines a 2-2 connection to an existing or proposed area-wide or regional waste 2-3 collection, treatment, and disposal system is not feasible; and 2-4 (4) is on a property that: 2-5 (A) was subdivided and developed before January 2-6 1, 1979; and 2-7 (B) is of insufficient size to accommodate 2-8 on-site disposal of all wastewater in compliance with Chapter 366, 2-9 Health and Safety Code. 2-10 (b) A person who discharges under a permit issued under this 2-11 section is not required to hold a certificate of competency issued 2-12 under Section 26.0301. 2-13 (c) For a permit issued under this section, the commission 2-14 shall for each system: 2-15 (1) specify the design, operation, and maintenance 2-16 requirements; and 2-17 (2) establish the primary and secondary treatment 2-18 requirements. 2-19 (d) A system for which a permit is issued under this section 2-20 is subject to design criteria established under Chapter 366, Health 2-21 and Safety Code, and is not subject to design criteria established 2-22 under Section 26.034. 2-23 SECTION 2. The importance of this legislation and the 2-24 crowded condition of the calendars in both houses create an 2-25 emergency and an imperative public necessity that the 2-26 constitutional rule requiring bills to be read on three several 2-27 days in each house be suspended, and this rule is hereby suspended, 3-1 and that this Act take effect and be in force from and after its 3-2 passage, and it is so enacted. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1574 was passed by the House on April 16, 1999, by the following vote: Yeas 136, Nays 0, 2 present, not voting. _______________________________ Chief Clerk of the House I certify that H.B. No. 1574 was passed by the Senate on May 13, 1999, by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor