By Olivo H.B. No. 3242
77R13522 JAT-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a permit to apply certain sludge on a land application
1-3 unit.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 361, Health and Safety Code,
1-6 is amended by adding Section 361.119 to read as follows:
1-7 Sec. 361.119. LAND APPLICATION OF CERTAIN SLUDGE; PERMIT
1-8 REQUIRED. (a) In this section:
1-9 (1) "Class B sludge" is sewage sludge that meets one
1-10 of the pathogen reduction requirements of 30 T.A.C. 312.82(b).
1-11 (2) "Land application unit" means an area where wastes
1-12 are applied onto or incorporated into the soil surface for
1-13 agricultural purposes or for treatment and disposal. The term does
1-14 not include manure spreading operations.
1-15 (3) "Responsible person" means the person with
1-16 ultimate responsibility for the treatment or disposal of the Class
1-17 B sludge at a land application unit. The responsible person is:
1-18 (A) the owner of the land application unit if
1-19 the sludge being treated or disposed of was generated outside this
1-20 state; or
1-21 (B) the person who generated the sludge if the
1-22 sludge being treated or disposed of was generated in this state.
1-23 (b) A person may not apply Class B sludge on a land
1-24 application unit unless the responsible person has obtained a
2-1 permit issued by the commission under this section:
2-2 (1) on or after September 1, 2001, if the land
2-3 application unit begins operation on or after that date; or
2-4 (2) on or after September 1, 2003, if the land
2-5 application unit begins operation before September 1, 2001.
2-6 (c) The notice and hearing provisions of Subchapter M,
2-7 Chapter 5, Water Code, as added by Chapter 1350, Acts of the 76th
2-8 Legislature, Regular Session, 1999, apply to an application under
2-9 this section for a permit, a permit amendment, or a permit renewal.
2-10 (d) In each permit, the commission shall prescribe the
2-11 conditions under which it is issued, including:
2-12 (1) the duration of the permit;
2-13 (2) the location of the land application unit;
2-14 (3) the maximum quantity of Class B sludge that may be
2-15 applied or disposed of under the permit;
2-16 (4) any monitoring and reporting requirements
2-17 prescribed by the commission for the permit holder; and
2-18 (5) a requirement that the permit holder must report
2-19 to the commission any noncompliance by the permit holder with the
2-20 permit conditions or applicable commission rules.
2-21 (e) A permit does not become a vested right in the permit
2-22 holder.
2-23 (f) A permit may be issued under this section for a term set
2-24 by the commission not to exceed six years from the date of
2-25 issuance.
2-26 (g) The commission shall charge a fee for the issuance of a
2-27 permit under this section in an amount not less than $1,000 and not
3-1 more than $5,000. In determining the fee under this subsection, the
3-2 commission shall consider the amount of sludge to be applied under
3-3 the permit.
3-4 (h) The commission by rule shall require an applicant for a
3-5 permit under this section to submit with the application, at a
3-6 minimum, information regarding:
3-7 (1) the applicant;
3-8 (2) the source, quality, and quantity of sludge to be
3-9 applied; and
3-10 (3) the hydrologic characteristics of the surface
3-11 water and groundwater at and within one-quarter of a mile of the
3-12 land application unit.
3-13 (i) The commission may expand the definition of Class B
3-14 sludge only by expanding the definition to include sludge that
3-15 meets more stringent pathogen reduction requirements.
3-16 SECTION 2. For the purposes of administrative efficiency,
3-17 the Texas Natural Resource Conservation Commission by rule may
3-18 develop categories of persons required to obtain a permit under
3-19 Section 361.119(b)(2), Health and Safety Code, as added by this
3-20 Act, and may require certain categories of persons to obtain a
3-21 permit earlier than the date prescribed by that section.
3-22 SECTION 3. This Act takes effect September 1, 2001.