83R22471 SLB-F

By: Reynolds H.B. No. 1535

Substitute the following for H.B. No. 1535:

By: Reynolds C.S.H.B. No. 1535

A BILL TO BE ENTITLED

AN ACT

relating to the permitting of certain small commercial development and county park sewage collection, treatment, and disposal systems as on-site sewage disposal systems.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 366, Health and Safety Code, is amended by adding Section 366.0513 to read as follows:

Sec. 366.0513. SMALL COMMERCIAL DEVELOPMENT AND COUNTY PARK SYSTEMS. (a) A small commercial development sewage collection, treatment, and disposal system may be permitted as an on-site sewage disposal system under this chapter if the system:

(1) is located on property jointly owned by the property owners served by the system, as described by the county deed records;

(2) produces not more than 5,000 gallons a day on an annual average basis;

(3) serves an area that does not exceed 15 acres;

(4) is designed to serve two or more sewage-generating units on separate tracts of land;

(5) collects sewage only from commercial or institutional facilities or business parks;

(6) is located more than 2,000 feet from the nearest reservoir used for municipal water supply, unless the owner of the reservoir consents in writing;

(7) is approved by the governing body of any municipality:

(A) that provides wastewater utility service to the property where the system is located at the time of the request for the permit; and

(B) in whose boundaries or extraterritorial jurisdiction the property is located;

(8) includes an interceptor for any facility engaged in food service activities, if required by commission rule or local ordinance or code;

(9) does not accept waste streams from industrial users subject to general pretreatment regulations under 40 C.F.R. Part 403; and

(10) is professionally managed by an entity with the appropriate authorization required by the commission to manage the system.

(b) A sewage collection, treatment, and disposal system that serves a county park may be permitted as an on-site sewage disposal system under this chapter if the system:

(1) is located on property owned or operated by the county;

(2) produces not more than 5,000 gallons a day on an annual average basis;

(3) collects only sewage generated at the park; and

(4) meets the requirements of Subsections (a)(6)-(10).

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.