By Gallego H.B. No. 799 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a permit requirement for the land application of 1-3 municipal sludge and to the application, use, treatment, disposal, 1-4 or storage of sludge. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter C, Chapter 361, Health and Safety 1-7 Code, is amended by adding Section 361.115 to read as follows: 1-8 Sec. 361.115. AUTHORIZATION FOR LAND APPLICATION OF 1-9 MUNICIPAL SLUDGE; NOTICE AND MEETING. (a) The commission may not 1-10 issue a new registration for the application of municipal sludge to 1-11 land unless the commission has held a public meeting in accordance 1-12 with the requirements of rules adopted under Subsection (b). Such 1-13 public meeting is not a contested case hearing under the 1-14 Administrative Procedure and Texas Register Act (Article 6252-13a, 1-15 Vernon's Texas Civil Statutes). 1-16 (b) The commission by rule shall require the applicant to 1-17 publish notice of the meeting in a newspaper of general circulation 1-18 in the county where the land to which the municipal sludge is 1-19 proposed to be applied is located not less than once a week for the 1-20 three weeks preceding the meeting. 1-21 (c) The requirements of this section are not applicable to 1-22 any disposal or treatment subject to another requirement under this 1-23 subchapter or rules adopted under this subchapter. 1-24 SECTION 2. Effective September 1, 1994, Subchapter B, 2-1 Chapter 361, Health and Safety Code, is amended by adding Section 2-2 361.0225 to read as follows: 2-3 Sec. 361.0225. APPLICATION OF SLUDGE TO LAND. (a) A person 2-4 may not apply sludge to land for beneficial use, use sludge for 2-5 land treatment or landfilling, or otherwise treat, dispose of, or 2-6 store sludge on land unless: 2-7 (1) the land to which the sludge is applied is of a 2-8 type and slope specified by commission rule for that application; 2-9 and 2-10 (2) the sludge is immediately covered by drilling it 2-11 into the land in accordance with applicable law or covered with at 2-12 least four inches of dirt. 2-13 (b) In this section, "sludge" means solid, semisolid, or 2-14 liquid waste that contains human waste and that is generated from a 2-15 municipal, commercial, or industrial wastewater treatment plant, 2-16 water supply treatment plant, or air pollution control facility, 2-17 including the treated effluent from a wastewater treatment plant if 2-18 the treated effluent contains human waste. 2-19 SECTION 3. (a) This Act takes effect September 1, 1993. 2-20 (b) The requirements of this Act shall not apply to an 2-21 entity or person currently authorized to beneficially apply sludge 2-22 by the Texas Water Commission or the Texas Department of Health on 2-23 or before the effective date of this Act. 2-24 SECTION 4. The importance of this legislation and the 2-25 crowded condition of the calendars in both houses create an 2-26 emergency and an imperative public necessity that the 2-27 constitutional rule requiring bills to be read on three several 3-1 days in each house be suspended, and this rule is hereby suspended.