1-1 By: Olivo (Senate Sponsor - Armbrister) H.B. No. 3242 1-2 (In the Senate - Received from the House May 11, 2001; 1-3 May 11, 2001, read first time and referred to Committee on Natural 1-4 Resources; May 11, 2001, reported favorably by the following vote: 1-5 Yeas 6, Nays 0; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to a permit to apply certain sludge on a land application 1-9 unit. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter C, Chapter 361, Health and Safety Code, 1-12 is amended by adding Section 361.119 to read as follows: 1-13 Sec. 361.119. LAND APPLICATION OF CERTAIN SLUDGE; PERMIT 1-14 REQUIRED. (a) In this section: 1-15 (1) "Class B sludge" is sewage sludge that meets one 1-16 of the pathogen reduction requirements of 30 T.A.C. 312.82(b). 1-17 (2) "Land application unit" means an area where wastes 1-18 are applied onto or incorporated into the soil surface for 1-19 agricultural purposes or for treatment and disposal. The term does 1-20 not include manure spreading operations. 1-21 (3) "Responsible person" means the person with 1-22 ultimate responsibility for the treatment or disposal of the Class 1-23 B sludge at a land application unit. The responsible person is: 1-24 (A) the owner of the land application unit if 1-25 the sludge being treated or disposed of was generated outside this 1-26 state; or 1-27 (B) the person who generated the sludge if the 1-28 sludge being treated or disposed of was generated in this state. 1-29 (b) A person may not apply Class B sludge on a land 1-30 application unit unless the responsible person has obtained a 1-31 permit issued by the commission under this section: 1-32 (1) on or after September 1, 2001, if the land 1-33 application unit begins operation on or after that date; or 1-34 (2) on or after September 1, 2003, if the land 1-35 application unit begins operation before September 1, 2001. 1-36 (c) The notice and hearing provisions of Subchapter M, 1-37 Chapter 5, Water Code, as added by Chapter 1350, Acts of the 76th 1-38 Legislature, Regular Session, 1999, apply to an application under 1-39 this section for a permit, a permit amendment, or a permit renewal. 1-40 (d) In each permit, the commission shall prescribe the 1-41 conditions under which it is issued, including: 1-42 (1) the duration of the permit; 1-43 (2) the location of the land application unit; 1-44 (3) the maximum quantity of Class B sludge that may be 1-45 applied or disposed of under the permit; 1-46 (4) any monitoring and reporting requirements 1-47 prescribed by the commission for the permit holder; and 1-48 (5) a requirement that the permit holder must report 1-49 to the commission any noncompliance by the permit holder with the 1-50 permit conditions or applicable commission rules. 1-51 (e) A permit does not become a vested right in the permit 1-52 holder. 1-53 (f) A permit may be issued under this section for a term set 1-54 by the commission not to exceed six years from the date of 1-55 issuance. 1-56 (g) The commission shall charge a fee for the issuance of a 1-57 permit under this section in an amount not less than $1,000 and not 1-58 more than $5,000. In determining the fee under this subsection, the 1-59 commission shall consider the amount of sludge to be applied under 1-60 the permit. 1-61 (h) The commission by rule shall require an applicant for a 1-62 permit under this section to submit with the application, at a 1-63 minimum, information regarding: 1-64 (1) the applicant; 2-1 (2) the source, quality, and quantity of sludge to be 2-2 applied; and 2-3 (3) the hydrologic characteristics of the surface 2-4 water and groundwater at and within one-quarter of a mile of the 2-5 land application unit. 2-6 (i) The commission may expand the definition of Class B 2-7 sludge only by expanding the definition to include sludge that 2-8 meets more stringent pathogen reduction requirements. 2-9 SECTION 2. For the purposes of administrative efficiency, 2-10 the Texas Natural Resource Conservation Commission by rule may 2-11 develop categories of persons required to obtain a permit under 2-12 Section 361.119(b)(2), Health and Safety Code, as added by this 2-13 Act, and may require certain categories of persons to obtain a 2-14 permit earlier than the date prescribed by that section. 2-15 SECTION 3. This Act takes effect September 1, 2001. 2-16 * * * * *