By: Gallego H.B. No. 799 73R730 JJT-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a permit requirement for the land application of 1-3 sludge. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter C, Chapter 361, Health and Safety 1-6 Code, is amended by adding Section 361.115 to read as follows: 1-7 Sec. 361.115. PERMIT FOR LAND APPLICATION OF SLUDGE; NOTICE 1-8 AND HEARING. (a) A person may not apply sludge to land for a 1-9 beneficial use or any other purpose unless the person has obtained 1-10 a permit from the commission for the land application. 1-11 (b) At the request of any affected person or on its own 1-12 motion, the commission shall hold a public contested case hearing 1-13 in accordance with this subchapter on an application for a permit 1-14 to apply sludge to land. 1-15 (c) The commission by rule shall require the permit 1-16 applicant to publish notice of the hearing in a newspaper of 1-17 general circulation in the county where the land to which the 1-18 sludge is proposed to be applied is located not less than once each 1-19 week for the three weeks preceding the hearing on the application. 1-20 (d) A permit is not required under this section for the 1-21 disposal or treatment of sludge if the disposal or treatment is 1-22 subject to another permit requirement under this subchapter or 1-23 rules adopted under this subchapter. 1-24 SECTION 2. The importance of this legislation and the 2-1 crowded condition of the calendars in both houses create an 2-2 emergency and an imperative public necessity that the 2-3 constitutional rule requiring bills to be read on three several 2-4 days in each house be suspended, and this rule is hereby suspended, 2-5 and that this Act take effect and be in force from and after its 2-6 passage, and it is so enacted.