Enrolled Bill Summary

            House Bill 2546 amends provisions of the Health and Safety Code relating to permits issued by the Texas Commission on Environmental Quality for land application of Class B sludge. The bill authorizes a person who holds a registration for the application of Class B sludge for a beneficial use approved by the commission and who has submitted an administratively complete application by a certain date to apply the sludge in accordance with the terms of the registration until the commission issues a final decision. The bill requires a permit applicant to notify by registered or certified mail each owner of land located within one-quarter mile of the proposed land application site and to include in the notice certain information, including the anticipated date of the first application of sludge. The bill also requires a permit applicant, unless the applicant is a political subdivision, to submit proof of possessing commercial liability and environmental impairment insurance policies meeting certain requirements and to maintain insurance policies for the duration of the permit. The bill requires each permit to include a requirement that the permit holder submit certain information quarterly and annually to the commission and post a sign stating that a beneficial application site is located on the premises. A permit holder is prohibited from accepting Class B sludge unless the sludge has been transported to the site in a securely covered container. The commission is required to create and operate a tracking system to allow a permit holder to report sludge deliveries and applications electronically. Finally, the commission is prohibited from issuing a permit for a site that is located in a county that borders the Gulf of Mexico and that is 500 feet or less from any water well or surface water.