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78R8661 JTS-D
By: Bonnen H.B. No. 2546
A BILL TO BE ENTITLED
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 (d) and (h) and adding Subsections
(j), (k), and (l) to read as follows:
(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) any other monitoring and reporting requirements
prescribed by the commission for the permit holder; and
(6) [(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 the certificate
holder; and
(C) is in an amount of not less than $5 million;
and
(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 the certificate
holder; and
(C) is in an amount of not less than $5 million;
and
(4) proof that any individual supervising the
application of Class B sludge meets the qualifications established
by the commission under Chapter 37, Water Code, for a Class B or
Class III wastewater operator license prescribed by Section 26.0301
of that code.
(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.
SECTION 2. (a) This Act takes effect September 1, 2003.
(b) The changes in law made by this Act relating to an
application for a permit for the land application of Class B sludge
apply only to an application received by the Texas Commission on
Environmental Quality on or after the effective date of this Act.
An application received before the effective date of this Act is
covered by the law in effect on the date the application is
received, and the former law is continued in effect for that
purpose.