HB5549 - Relating to the regulation and planning of on-site sewage disposal systems; authorizing and increasing an administrative penalty; increasing the amount of a fee.

  89R29083 JRR-D     By: Kitzman H.B. No. 5549     Substitute the following for H.B. No. 5549:     By:  Landgraf C.S.H.B. No. 5549       A BILL TO BE ENTITLED   AN ACT   relating to the regulation and planning of on-site sewage disposal   systems; authorizing and increasing an administrative penalty;   increasing the amount of a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 366.001, Health and Safety Code, is   amended to read as follows:          Sec. 366.001.  POLICY AND PURPOSE.  It is the public policy   of this state and the purpose of this chapter to:                (1)  eliminate and prevent health hazards by regulating   and properly planning the location, design, construction,   installation, operation, [ and ] maintenance , and pumping of on-site   sewage disposal systems;                (2)  authorize the commission or authorized agent to   impose and collect a permit fee for:                      (A)  construction, installation, alteration,   repair, or extension of on-site sewage disposal systems; and                      (B)  tests, designs, and inspections of those   systems;                (3)  authorize the commission or authorized agent to   impose a penalty for a violation of this chapter or a rule adopted   under this chapter;                (4)  authorize the commission to license or register   certain persons; and                (5)  allow the individual owner of a disposal system   used at the owner's primary residence to install and repair the   system in accordance with this chapter.          SECTION 2.  Sections 366.002(6) and (8), Health and Safety   Code, are amended to read as follows:                (6)  "Nuisance" means:                      (A)  sewage, human excreta, or other organic waste   discharged or exposed in a manner that makes it a potential   instrument or medium in the transmission of disease to or between   persons; or                      (B)  an overflowing sewage treatment or holding   [ septic ] tank or similar device, including surface discharge from   or groundwater contamination by a component of an on-site sewage   disposal system, or a blatant discharge from an on-site sewage   disposal system.                (8)  "Owner" means a person who owns the [ a building or   other ] property served by an on-site sewage disposal system.          SECTION 3.  Section 366.011, Health and Safety Code, is   amended to read as follows:          Sec. 366.011.  GENERAL SUPERVISION AND AUTHORITY.  The   commission or authorized agents:                (1)  have general authority over the location, design,   construction, installation, and proper functioning of on-site   sewage disposal systems in their designated area of jurisdiction ;   and                (2)  shall administer this chapter and the rules   adopted under this chapter.          SECTION 4.  Section 366.012(b), Health and Safety Code, is   amended to read as follows:          (b)  In rules adopted under this chapter, the commission   shall include definitions and detailed descriptions of good   management practices and procedures for the construction and   operation of on-site sewage disposal systems that:                (1)  justify variation in field size or in other   standard requirements;                (2)  promote the use of good management practices or   procedures in the construction and operation of on-site sewage   disposal systems;                (3)  require the use of one or more specific management   practices or procedures as a condition of approval of a standard   on-site sewage disposal system if, in the opinion of the commission   or authorized agent, site conditions or other problems require the   use of additional management practices or procedures to ensure the   proper operation of an on-site sewage disposal system; and                (4)  make available general, operational information   to the public.          SECTION 5.  Section 366.013(e), Health and Safety Code, is   amended to read as follows:          (e)  This section does not apply to an aerobic [ ,   nonstandard, ] or proprietary on-site sewage treatment system   unless the water softener drain line to the system bypasses the   treatment system and flows into the pump tank or directly into the   discharge method.          SECTION 6.  Section 366.014, Health and Safety Code, is   amended to read as follows:          Sec. 366.014.  DESIGNATED PERSON.  Subject to the   requirements of Section 366.071(b), the commission or an authorized   agent shall [ may ] designate one or more persons [ a person ] to:                (1)  review permit applications, site evaluations, or   planning materials; or                (2)  inspect on-site sewage disposal systems.          SECTION 7.  Section 366.031, Health and Safety Code, is   amended by adding Subsection (c) to read as follows:           (c)     Notwithstanding the designation of an authorized agent   under this section, the commission shall maintain the authority and   responsibility for permitting on-site sewage disposal systems that   produce over 1,500 gallons per day unless the commission   specifically designates that authority and responsibility to the   authorized agent. The commission may designate to an authorized   agent the authority and responsibility to permit on-site sewage   disposal systems that produce over 1,500 gallons per day only if the   authorized agent satisfactorily demonstrates minimum designated   representative qualification standards and licensure, as   prescribed by the commission.          SECTION 8.  Section 366.032(c), Health and Safety Code, is   amended to read as follows:          (c)  An authorized agent must obtain commission approval of   any [ substantive ] amendments to the agent's order or resolution.          SECTION 9.  Section 366.034, Health and Safety Code, is   amended by amending Subsection (b) and adding Subsection (c) to   read as follows:          (b)  If the commission determines that an authorized agent   does not consistently enforce the commission's minimum   requirements for on-site sewage disposal systems, the commission   may [ shall ] hold a hearing and determine whether to continue the   designation as an authorized agent.           (c)     The commission may assess an administrative penalty   against an authorized agent if the commission determines that the   authorized agent does not implement and enforce the commission's   minimum requirements for on-site sewage disposal systems.          SECTION 10.  The heading to Section 366.0515, Health and   Safety Code, is amended to read as follows:          Sec. 366.0515.  MAINTENANCE CONTRACT [ AND PERFORMANCE   BOND ].          SECTION 11.  Section 366.0515, Health and Safety Code, is   amended by amending Subsections (a), (b), (d), (e), and (g) and   adding Subsection (h) to read as follows:          (a)  Except as provided by Subsection (g), an authorized   agent or the commission may not condition a permit or the approval   of a permit for an on-site sewage disposal system using aerobic   treatment for a single-family residence on the system's owner   contracting for the maintenance of the system if the single-family   residence is owned by an individual and is the individual's primary   residence .          (b)  Except as provided by Subsection (a), an authorized   agent by order or resolution or the commission by rule may condition   approval of a permit for an on-site sewage disposal system on the   system's owner contracting for the maintenance of the system.  If a   maintenance contract is required, the owner of the on-site sewage   disposal system must submit to the permitting authority[ :                [ (1) ]  a signed contract for the maintenance of the   on-site sewage disposal system[ ; and                [ (2)     if the on-site sewage disposal system is located   in a county with a population of more than 2.8 million, a   performance bond obtained from the person with whom the owner of the   on-site sewage disposal system has contracted for maintenance of   the system ].          (d)  If the owner of the on-site sewage disposal system   enters into a new maintenance contract or revises the original   maintenance contract, the owner must submit a copy of the new or   revised maintenance contract [ and a new performance bond ] to the   permitting authority not later than the 30th day after the date on   which the original contract terminates or is modified.          (e)  The permitting authority may establish and collect a   reasonable fee to cover the cost of administering the [ performance   bond ] program.          (g)  The owner of a single-family residence shall maintain   the system directly or through a maintenance contract.   If the   system is a surface disposal system and the owner maintains the   system directly, the system must be equipped with an electronic   monitoring and alarm system.   If an authorized agent or the   commission determines that an owner of a single-family residence   located in a county with a population of at least 40,000 who   maintains the owner's system directly has violated this chapter or   a rule adopted or order or permit issued under this chapter, the   owner, not later than the 10th day after the date of receipt of   notification of the violation, shall correct the violation or enter   into a contract for the maintenance of the system.  If before the   third anniversary of the date of the determination the owner is   determined to have committed another violation of this chapter or a   rule adopted under this chapter, the owner, not later than the 10th   day after the date of receipt of notification of the subsequent   violation, shall enter into a contract for the maintenance of the   system.  An owner of a single-family residence located in a county   with a population of at least 40,000 who maintains the owner's   system directly and who violates this chapter or a rule adopted or   order or permit issued under this chapter is also subject to an   administrative penalty.  The commission may recover the penalty in   a proceeding conducted as provided by Subchapter C, Chapter 7,   Water Code, or the authorized agent may recover the penalty in a   proceeding conducted under an order or resolution of the agent.     Notwithstanding Section 7.052, Water Code, the amount of the   penalty may not exceed $500 [ $100 ].           (h)     A maintenance contract under this section for a surface   spray disposal system must provide for the disinfection of the   system. In performing the disinfection, the maintenance provider on   each routine maintenance visit or more frequently if required by   the permitting authority shall, as applicable:                 (1)     inspect the disinfection device for [Text truncated for display. Full text available on Congress.gov.]