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