78R6228 JTS-D

By:  Zaffirini                                                    S.B. No. 1509



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(a)(3), Health and Safety Code, 
is amended to read as follows:
		(3)  "Responsible person" means the person with 
ultimate responsibility for the land application of the sewage 
[Class B] sludge at a land application unit.  The responsible person 
is:
			(A)  the owner of the land application unit if the 
sludge being land applied was generated outside this state;  or
			(B)  the person who is land applying the sludge if 
the sludge being land applied was generated in this state.
	SECTION 2.  Sections 361.121(b) and (d), Health and Safety 
Code, are amended to read as follows:
	(b)  A responsible person may not apply sewage [Class B] 
sludge on a land application unit unless:
		(1)  the sludge has been disinfected to a high degree; 
and           
		(2)  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.
	(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 sewage [Class B] sludge 
that may be applied or disposed of under the permit;
		(4)  any monitoring and reporting requirements 
prescribed by the commission for the permit holder;  and
		(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.
	SECTION 3.  Sections 361.121(a)(1) and (i), Health and 
Safety Code, are repealed.
	SECTION 4.  This Act takes effect September 1, 2003, and 
applies only to sludge applied on a land application unit on or 
after that date. Sludge applied on a land application unit before 
the effective date of this Act is covered by the law in effect on the 
date the sludge is applied, and the former law is continued in 
effect for that purpose.