HBA-SEB S.B. 1300 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1300 By: Brown Natural Resources 4/26/1999 Engrossed 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. S.B. 1300 allows a county of 2.8 million or more to permit the use of land aerobic on-site sewage facilities for residential structures built prior to January 1, 1979. This allows older structures lacking access to septic systems or public sewers to implement a less costly sewage system and allow safely treated sewage to then be discharged into state ditches. This bill mitigates the discharge of raw sewage currently taking place. 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 (TNRCC) 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, to the extent not in conflict with state water quality standards or federal law. Sets forth the specifications for the sewage treatment and disposal system. (b) Provides that a person who discharges under a permit issued under this section is not required to hold a certificate of competency. (c) Requires TNRCC to specify the design, operation, and maintenance requirements and establish the primary and secondary treatment requirements for each system. (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 (On-Site Sewage Disposal Systems), 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.