79R7620 SLO-D

By:  Phillips                                                     H.B. No. 2130



A BILL TO BE ENTITLED

AN ACT

relating to the notification requirement concerning a permit 
application for applying Class B sludge on a land application unit.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 361.121(c), Health and Safety Code, is 
amended to read as follows:
	(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-half [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-half [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.
	SECTION 2.  Section 361.121(c), Health and Safety Code, as 
amended by this Act, applies only to an application for a permit, 
amendment to a permit, or permit renewal for applying Class B sludge 
on a land application unit filed with the Texas Commission on 
Environmental Quality on or after the effective date of this Act.  
An application filed with the Texas Commission on Environmental 
Quality before the effective date of this Act is governed by the law 
in effect at the time the application is filed, and the current law 
is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.