1-1 By: Brown S.B. No. 1300 1-2 (In the Senate - Filed March 11, 1999; March 15, 1999, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 9, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 4, Nays 0; April 9, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1300 By: Brown 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the permitting of discharges from certain sewage 1-11 treatment and disposal systems in certain counties. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter B, Chapter 26, Water Code, is amended 1-14 by adding Section 26.0405 to read as follows: 1-15 Sec. 26.0405. GENERAL PERMITS FOR CERTAIN SEWAGE TREATMENT 1-16 AND DISPOSAL SYSTEMS. (a) To the extent not in conflict with 1-17 state water quality standards or federal law, the commission shall 1-18 issue one or more general permits for the discharge of treated 1-19 sewage into or adjacent to water in this state by a sewage 1-20 treatment and disposal system if the system: 1-21 (1) produces not more than 5,000 gallons of waste each 1-22 day; 1-23 (2) is in a county with a population of 2.8 million 1-24 or more that is an authorized agent under Chapter 366, Health and 1-25 Safety Code, and that has: 1-26 (A) adopted a resolution under Section 7.352 1-27 that authorizes the county to exercise enforcement power under 1-28 Subchapter H, Chapter 7; and 1-29 (B) entered into an agreement with the 1-30 commission to inspect, investigate, and otherwise monitor 1-31 compliance with the permit; 1-32 (3) provides sewage treatment and disposal for a 1-33 single-family residence for which the commission determines a 1-34 connection to an existing or proposed area-wide or regional waste 1-35 collection, treatment, and disposal system is not feasible; and 1-36 (4) is on a property that: 1-37 (A) was subdivided and developed before January 1-38 1, 1979; and 1-39 (B) is of insufficient size to accommodate 1-40 on-site disposal of all wastewater in compliance with Chapter 366, 1-41 Health and Safety Code. 1-42 (b) A person who discharges under a permit issued under this 1-43 section is not required to hold a certificate of competency issued 1-44 under Section 26.0301. 1-45 (c) For a permit issued under this section, the commission 1-46 shall for each system: 1-47 (1) specify the design, operation, and maintenance 1-48 requirements; and 1-49 (2) establish the primary and secondary treatment 1-50 requirements. 1-51 (d) A system for which a permit is issued under this section 1-52 is subject to design criteria established under Chapter 366, Health 1-53 and Safety Code, and is not subject to design criteria established 1-54 under Section 26.034. 1-55 SECTION 2. The importance of this legislation and the 1-56 crowded condition of the calendars in both houses create an 1-57 emergency and an imperative public necessity that the 1-58 constitutional rule requiring bills to be read on three several 1-59 days in each house be suspended, and this rule is hereby suspended, 1-60 and that this Act take effect and be in force from and after its 1-61 passage, and it is so enacted. 1-62 * * * * *