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.