SRC-MKV H.B. 3242 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3242
By: Olivo (Armbrister)
Natural Resources
5/11/2001
Engrossed


DIGEST AND PURPOSE 

The application of sewage sludge on agricultural land is an economical
disposal option that provides the benefit of recycling the nutrients and
organic matter contained in sludge.  However, this practice raises some
concerns pertaining to human and animal health risks, water quality, odor,
property value impacts, and liability.  Requiring a person to obtain a
permit before applying Class B sludge on an area may provide clarity and
offer certainty to affected parties. H.B. 3242 provides for this permit.   

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Natural Resource
Conservation Commission in SECTION 1 (Section 361.119, Health and Safety
Code) and SECTION 2 of this bill. 

SECTION BY SECTION ANALYSIS

C.S.H.B. 3242 amends the Health and Safety Code to prohibit a person from
applying Class B sludge (sludge) on a land application unit (unit) unless
the responsible person has obtained a permit issued by the Texas Natural
Resource Conservation Commission (TNRCC) on or after September 1, 2003, if
the unit begins operation before September 1, 2001, or on or after
September 1, 2001, if the unit begins operation on or after that date.
Notice and hearing provisions regarding environmental permitting procedures
apply to an application for a permit, a permit amendment, or a permit
renewal.   

In each permit, TNRCC is required to prescribe the conditions under which
it is issued, including monitoring and reporting requirements.  A permit
does not become a vested right in the permit holder and is authorized to be
issued for a term set by TNRCC not to exceed six years from the date of
issuance.  TNRCC is required to charge a fee for the issuance of a permit
in an amount not less than $1,000 but not more than $5,000.  In determining
the fee, TNRCC is required to consider the amount of sludge to be applied.
TNRCC is required by rule to require an applicant for a permit to submit
certain information with the application.   

The bill authorizes TNRCC to expand the definition of Class B sludge only
to include sludge that meets more stringent pathogen reduction
requirements.  TNRCC is authorized, by rule, to develop categories of
persons required to obtain a permit to apply sludge on an existing unit and
require certain categories of persons to and obtain a permit earlier than
the prescribed date.   

Effective date: September 1, 2001.