By Olivo                                              H.B. No. 3242
         77R5832 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           (b)  A person may not apply Class B sludge on a land
1-16     application unit without a permit issued by the commission under
1-17     this section.
1-18           (c)  The commission shall provide for notice and the
1-19     opportunity for a public hearing on an application or renewal for a
1-20     permit under this section in accordance with Subchapter M, Chapter
1-21     5, Water Code, as added by Chapter 1350, Acts of the 76th
1-22     Legislature, Regular Session, 1999.
1-23           (d)  In each permit, the commission shall prescribe the
1-24     conditions under which it is issued, including:
 2-1                 (1)  the duration of the permit;
 2-2                 (2)  the location of the land application unit;
 2-3                 (3)  the maximum quantity of Class B sludge that may be
 2-4     applied or disposed of under the permit;
 2-5                 (4)  any monitoring and reporting requirements
 2-6     prescribed by the commission for the permit holder; and
 2-7                 (5)  a requirement that the permit holder must report
 2-8     to the commission any noncompliance by the permit holder with the
 2-9     permit conditions or applicable commission rules.
2-10           (e)  A permit does not become a vested right in the permit
2-11     holder.
2-12           (f)  A permit may be issued under this section for a term set
2-13     by the board not to exceed six years from the date of issuance.
2-14           (g)  The commission shall charge a fee for the issuance of a
2-15     permit under this section in an amount not less than $1,000 and not
2-16     more than $5,000. In determining the fee under this subsection, the
2-17     commission shall consider the amount of sludge to be applied under
2-18     the permit.
2-19           (h)  The commission by rule shall require an applicant for a
2-20     permit under this section to submit with the application, at a
2-21     minimum, information regarding:
2-22                 (1)  the applicant;
2-23                 (2)  the source, quality, and quantity of sludge to be
2-24     applied; and
2-25                 (3)  the hydrologic characteristics of the surface
2-26     water and groundwater at and within one-quarter of a mile of the
2-27     land application unit.
 3-1           (i)  The commission may expand the definition of Class B
 3-2     sludge only by expanding the definition to include sludge that
 3-3     meets more stringent pathogen reduction requirements.
 3-4           SECTION 2. This Act takes effect September 1, 2001, and
 3-5     applies only to Class B sludge, as defined by Section 361.119(a),
 3-6     Health and Safety Code, as added by this Act, applied to or
 3-7     disposed of on a land application unit, as defined by Section
 3-8     361.119(a), Health and Safety Code, as added by this Act, on or
 3-9     after that date.  Class B sludge applied or disposed of before the
3-10     effective date of this Act is covered by the law in effect on the
3-11     date the sludge was applied, and the former law is continued in
3-12     effect for that purpose.