HBA-NMO, RBT H.B. 1574 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1574
By: Bosse
Natural Resources
9/21/1999
Enrolled



BACKGROUND AND PURPOSE 

A number of older residential subdivisions in Harris County were developed
with lots insufficient in size to accommodate individual water and
wastewater disposal facilities.  These subdivisions are mostly in areas
where septic systems are not feasible and a public sewer is unavailable.
Prior to the 76th Legislature, households within these subdivisions were
discharging their untreated sewage into roadside ditches or culverts,
causing a public health hazard to the community. H.B. 1574 allows a county
of 2.8 million or more to permit the discharge of treated sewage into or
adjacent to water in this state by a sewage treatment and disposal system
if the system meets specified criteria.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 26, Water Code, by adding Section
26.0405, as follows: 

Sec.  26.0405.  GENERAL PERMITS FOR CERTAIN SEWAGE TREATMENT AND DISPOSAL
SYSTEMS.  (a) Requires the Texas Natural Resource Conservation Commission
(commission), to the extent not in conflict with state water quality
standards or federal law, to issue one or more general permits for the
discharge of treated sewage into or adjacent to water in this state by a
sewage treatment and disposal system if: the system produces no more than
5,000 gallons of waste each day; the system is in a county with a
population of 2.8 million or more that is an authorized agent under Chapter
366 (On-Site Sewage Disposal Systems), Health and Safety Code, that has
adopted a resolution that authorizes the county to exercise enforcement
power and entered into an agreement with the commission to inspect,
investigate, and otherwise monitor compliance with the permit; the system
provides sewage treatment and disposal for a single-family residence for
which the commission determines a connection to an existing or proposed
area-wide or regional waste collection, treatment, and disposal system is
not feasible; and the system is on a property that was subdivided and
developed before January 1, 1979, and is of insufficient size to
accommodate on-site disposal of all wastewater in compliance with Chapter
366, Health and Safety Code.    

(b) Provides that a person who discharges under a permit issued under this
section is not required to hold a certificate of competency issued under
Section 26.0301 (Certificate of Competency).   

(c) Requires the commission to specify the design, operation, and
maintenance requirements and establish the primary and secondary treatment
requirements for a permit issued under this section.   

(d) Provides that a system for which a permit is issued under this section
is subject to  design criteria established under Chapter 366, Health and
Safety Code, and is not subject to design criteria established under
Section 26.034 (Approval of Disposal System Plans). 

SECTION 2.  Emergency clause.
  Effective date: upon passage.