H.B. No. 2546
AN ACT
relating to the land application of certain sludge.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.121, Health and Safety Code, is
amended by amending Subsections (b), (c), (d), and (h) and adding
Subsections (j), (k), (l), (m), (n), and (o) to read as follows:
(b) Except as provided by Subsection (m), a [A] responsible
person may not apply Class B sludge on a land application unit
unless the responsible person has obtained a permit for that land
application unit issued by the commission under this section on or
after September 1, 2003.
(c) The notice and hearing provisions of Subchapter M,
Chapter 5, Water Code, as added by Chapter 1350, Acts of the 76th
Legislature, Regular Session, 1999, apply to an application under
this section for a permit, a permit amendment, or a permit renewal.
In addition, at the time published notice of intent to obtain a
permit is required under Section 5.552, Water Code, an applicant
for a permit, permit amendment, or permit renewal under this
section must notify by registered or certified mail each owner of
land located within one-quarter mile of the proposed land
application unit who lives on that land of the intent to obtain the
permit, amendment, or renewal. Notice to landowners must include
the information required by Section 5.552(c), Water Code, and
information regarding the anticipated date of the first application
of the sludge to the proposed land application unit. An owner of
land located within one–quarter mile of the proposed land
application unit who lives on that land is an affected person for
purposes of Section 5.115, Water Code.
(d) In each permit, the commission shall prescribe the
conditions under which it is issued, including:
(1) the duration of the permit;
(2) the location of the land application unit;
(3) the maximum quantity of Class B sludge that may be
applied or disposed of under the permit;
(4) a requirement that the permit holder submit
quarterly to the commission a computer-generated report that
includes, at a minimum, information regarding:
(A) the source, quality, and quantity of sludge
applied to the land application unit;
(B) the location of the land application unit,
either in terms of longitude and latitude or by physical address,
including the county;
(C) the date of delivery of Class B sludge;
(D) the date of application of Class B sludge;
(E) the cumulative amount of metals applied to
the land application unit through the application of Class B
sludge;
(F) crops grown at the land application unit
site; and
(G) the suggested agronomic application rate for
the Class B sludge;
(5) a requirement that the permit holder submit
annually to the commission evidence that the permit holder is
complying with the nutrient management plan and the practice
standards described by Subsection (h)(4);
(6) a requirement that the permit holder post a sign
that is visible from a road or sidewalk that is adjacent to the
premises on which the land application unit is located stating that
a beneficial application site is located on the premises;
(7) any other monitoring and reporting requirements
prescribed by the commission for the permit holder; and
(8) [(5)] a requirement that the permit holder must
report to the commission any noncompliance by the permit holder
with the permit conditions or applicable commission rules.
(h) The commission by rule shall require an applicant for a
permit under this section to submit with the application, at a
minimum:
(1) [,] information regarding:
(A) [(1)] the applicant;
(B) [(2)] the source, quality, and quantity of
sludge to be applied; and
(C) [(3)] the hydrologic characteristics of the
surface water and groundwater at and within one-quarter of a mile of
the land application unit;
(2) proof evidencing that the applicant has a
commercial liability insurance policy that:
(A) is issued by an insurance company authorized
to do business in this state that has a rating by the A. M. Best
Company of A- or better;
(B) designates the commission as an additional
insured; and
(C) is in an amount of not less than $3 million;
(3) proof evidencing that the applicant has an
environmental impairment insurance policy or similar insurance
policy that:
(A) is issued by an insurance company authorized
to do business in this state that has a rating by the A. M. Best
Company of A- or better;
(B) designates the commission as an additional
insured; and
(C) is in an amount of not less than $3 million;
and
(4) proof that the applicant has minimized the risk of
water quality impairment caused by nitrogen applied to the land
application unit through the application of Class B sludge by
having had a nutrient management plan prepared by a certified
nutrient management specialist in accordance with the practice
standards of the Natural Resources Conservation Service of the
United States Department of Agriculture.
(j) A permit holder must maintain an insurance policy
required by Subsection (h) in effect for the duration of the permit.
(k) The commission shall create and operate a tracking
system for the land application of Class B sludge. The commission
shall require a permit holder to report deliveries and applications
of Class B sludge using the tracking system and shall post the
reported information on its website. The tracking system must
allow a permit holder to report electronically:
(1) the date of delivery of Class B sludge to a land
application unit; and
(2) for each application of Class B sludge to a land
application unit:
(A) the date of the application; and
(B) the source, quality, and quantity of the
sludge applied.
(l) A permit holder may not accept Class B sludge unless the
sludge has been transported to the land application unit in a
covered container with the covering firmly secured at the front and
back.
(m) A person who holds a registration for the application of
Class B sludge for a beneficial use approved by the commission and
who, on or before September 1, 2002, has submitted to the commission
an administratively complete application for a permit under this
section may apply Class B sludge in accordance with the terms of the
registration until the commission issues a final decision to issue
or deny the permit for which the person has applied.
(n) The insurance requirements under Subsections (h)(2) and
(3) do not apply to an applicant that is a political subdivision.
(o) The commission may not issue a permit under this section
for a land application unit that is located both:
(1) in a county that borders the Gulf of Mexico; and
(2) 500 feet or less from any water well or surface
water.
SECTION 2. (a) This Act takes effect September 1, 2003.
(b) The changes in law made to Sections 361.121(c) and (h),
Health and Safety Code, by this Act apply to an application to apply
Class B sludge to a land application unit that is:
(1) filed with the Texas Commission on Environmental
Quality on or after September 1, 2003; or
(2) filed with the Texas Commission on Environmental
Quality before September 1, 2003, but not found to be
administratively complete before that date.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2546 was passed by the House on May 1,
2003, by the following vote: Yeas 140, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2546 was passed by the Senate on May
23, 2003, by a viva-voce vote.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor