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By: Puente (Senate Sponsor - Armbrister) H.B. No. 1979
(In the Senate - Received from the House April 28, 2003;
May 1, 2003, read first time and referred to Committee on Natural
Resources; May 23, 2003, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 23, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1979 By: Armbrister
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) through (h) to read as follows:
(f) Notwithstanding any other provision of this section,
the commission shall establish criteria for evaluating whether to
initiate an enforcement action related to a sanitary sewer
overflows that occur as the result of a blockage due to grease. The
criteria shall include consideration of whether the discharge:
(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 sanitary sewer overflows that occur as a
result of blockage due to grease.
(h) When a home-rule municipality has a plan to control or
minimize sanitary sewer overflows, Section 402.901, Local
Government Code, does not limit the power of a home-rule
municipality, in exercising its home-rule powers under Section 5,
Article XI, Texas Constitution, to maintain, repair, relocate or
replace a water or sanitary sewer lateral or service line on private
property without making an assessment against the property or a
person.
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 as a result of blockage due to grease.
(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 by
a grease trap operator 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 that new commercial and industrial
facilities properly install and use grease traps
(5) a requirement that, at a commercial or industrial
facility where a grease trap has previously been installed, that a
grease trap be properly used;
(6) 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 caused by grease and will not affect the performance of the
system's treatment plant;
(7) a uniform manifest system; and
(8) a schedule of penalties.
SECTION 3. Not later than the 365th 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.
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