78R10224 MI-F


By:  Puente                                                       H.B. No. 1979


A BILL TO BE ENTITLED
AN ACT
relating to preventing the discharge of untreated wastewater into waters of the state. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 26.049, Water Code, is amended by adding Subsections (f) and (g) to read as follows: (f) Notwithstanding any other provision of this section, the commission shall establish criteria for evaluating sanitary sewer overflows that occur as the result of a blockage due to grease. The criteria shall include consideration of whether the spill: (1) could reasonably have been prevented; (2) was minimized; and (3) was reported and the notice required by Section 26.039(e) was given. (g) The adoption and enforcement by a separate sanitary sewer system of model standards for grease management recognized by the executive director shall be considered by the commission to be evidence tending to show that reasonable measures have been taken to prevent or minimize spills or discharges. SECTION 2. Subchapter B, Chapter 26, Water Code, is amended by adding Section 26.0491 to read as follows: Sec. 26.0491. MODEL STANDARDS TO PREVENT DISCHARGE OF UNTREATED WASTEWATER FROM SANITARY SEWERS. (a) In this section, "separate sanitary sewer system" has the meaning assigned by Section 29.049. (b) The commission shall adopt model standards for use by an operator of a separate sanitary sewer system that are designed to prevent the discharge of untreated wastewater from a separate sanitary sewer system. (c) The model standards shall include the following elements: (1) a requirement that grease be completely removed from grease traps on a regular basis; (2) a minimum schedule for cleaning of grease traps that is sufficient to prevent blockages in the collection system resulting from grease; (3) an opportunity to receive an exception from the cleaning schedule; (4) a requirement for the proper installation and use of grease traps by commercial and industrial facilities; (5) a requirement that alternative treatment methods be supported by scientific data determined by the commission to show that the method will prevent blockages in the collection system and will not affect the performance of the system's treatment plant; (6) a uniform manifest system; and (7) a schedule of penalties. SECTION 3. Not later than the 90th day after the effective date of this Act, the Texas Commission on Environmental Quality shall adopt the criteria required by Section 26.049(f), Water Code, as added by this Act, and the model standards required by Section 26.0491, Water Code, as added by this Act. SECTION 4. This Act takes effect September 1, 2003.