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.