78R10224 MI-F
By: Puente H.B. No. 1979
Substitute the following for H.B. No. 1979:
By: Cook of Colorado C.S.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.