HBA-RBT C.S.H.B. 1574 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1574
By: Bosse
Natural Resources
4/5/1999
Committee Report (Substituted)



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.
Households within these subdivisions are currently discharging their
untreated sewage into roadside ditches or culverts, causing a public health
hazard to the community.  Legislation to allow counties to permit the
discharge of treated sewage through small, inexpensive land aerobic systems
would help reduce public health concerns.   

C.S.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.  ON-SITE SEWAGE DISPOSAL SYSTEM.  (a) Requires the Texas Natural
Resource Conservation Commission (commission), to the extent not in
conflict with 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, Health and Safety Code (On-Site Sewage Disposal Systems) 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), Water Code.   

(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 creature established under Chapter 366, Health and
Safety Code, and is not subject to design criteria established under
Section 26.034. 

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


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in SECTION 1 by adding Section
26.0405 (General Permits For Certain Sewage Treatment And Disposal Systems)
to Subchapter B, Chapter 26, Water Code, instead of Section 26.050,
(On-Site Sewage Disposal System).