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.