SECTION 3. Sections
361.121(b), (c), (d), (e), (f), (g), (h), (j), (k), (l), (n), and (o),
Health and Safety Code, are amended to read as follows:
(b) A [Except as
provided by Subsection (m), a] responsible person may not apply Class B
sludge on a land application unit unless the responsible person has
obtained a registration certificate [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, do not [as
added by Chapter 1350, Acts of the 76th Legislature, Regular Session, 1999,]
apply to an application under this section for registration or for an
[a permit, a permit] amendment[,] or [a permit]
renewal of registration. [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 registration
certificate [permit], the commission shall prescribe the
conditions under which it is issued, including:
(1) the duration of the registration
[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 registration
[permit];
(4) a requirement that the registration
certificate [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 registration
certificate [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 registration
certificate [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 registration
certificate [permit] holder; and
(8) a requirement that the registration
certificate [permit] holder must report to the commission any
noncompliance by the [permit] holder with the registration [permit]
conditions or applicable commission rules.
(e) A registration [permit]
does not become a vested right in the registration certificate [permit]
holder.
(f) A registration certificate
[permit] may be issued under this section for a term set by the
board not to exceed six years from the date of issuance.
(g) The commission shall
charge a fee for the issuance of a registration certificate [permit]
under this section in an amount not less than $1,000 and not more than
$5,000. In determining the fee under this subsection, the commission shall
consider the amount of sludge to be applied under the registration [permit].
(h) The commission by rule
shall require an applicant for registration [a permit] under
this section to submit with the application, at a minimum:
(1) information regarding:
(A) the applicant;
(B) the source, quality, and
quantity of sludge to be applied; and
(C) 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 registration
certificate [permit] holder must maintain an insurance policy
required by Subsection (h) in effect for the duration of the registration
[permit].
(k) The commission shall
create and operate a tracking system for the land application of Class B
sludge. The commission shall require a registration certificate [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 registration certificate [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 registration
certificate [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.
(n) The insurance requirements
under Subsections (h)(2) and (3) do not apply to an applicant that is:
(1) a political
subdivision; or
(2) a small business, as
defined by Section 2006.001, Government Code, that
owns the land application unit.
(o) The commission may not
issue a registration certificate [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.
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SECTION 3. Sections
361.121(b), (c), (d), (e), (f), (g), (h), (j), (k), (l), (n), and (o),
Health and Safety Code, are amended to read as follows:
(b) Same as introduced
version.
(c) Same as introduced
version.
(d) Same as introduced
version.
(e) Same as introduced
version.
(f) Same as introduced
version.
(g) Same as introduced
version.
(h) Same as introduced
version.
(j) Same as introduced
version.
(k) Same as introduced
version.
(l) Same as introduced
version.
(n) The insurance
requirements under Subsections (h)(2) and (3) do not apply to an applicant
that is:
(1) a political
subdivision; or
(2) a small business, as
defined by Section 2006.001, Government Code.
(o) Same as introduced
version.
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