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.