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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation by the Texas Commission on Environmental |
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Quality of the land application of Class B sludge. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 361.121, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 361.121. LAND APPLICATION OF CERTAIN SLUDGE; |
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REGISTRATION [PERMIT] REQUIRED. |
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SECTION 2. Section 361.121(a)(1), Health and Safety Code, |
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is amended to read as follows: |
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(1) "Class B sludge" is sewage sludge, including |
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sludge combined and processed with grease trap waste, grit trap |
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waste, or septage within the boundaries of a wastewater treatment |
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facility, that meets one of the pathogen reduction requirements of |
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30 T.A.C. 312.82(b). |
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SECTION 3. Sections 361.121(b), (c), (d), (e), (f), (g), |
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(h), (j), (k), (l), (n), and (o), Health and Safety Code, are |
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amended to read as follows: |
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(b) A [Except as provided by Subsection (m), a] responsible |
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person may not apply Class B sludge on a land application unit |
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unless the responsible person has obtained a registration |
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certificate [permit] for that land application unit issued by the |
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commission under this section [on or after September 1, 2003]. |
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(c) The notice and hearing provisions of Subchapter M, |
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Chapter 5, Water Code, do not [as added by Chapter 1350, Acts of the
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76th Legislature, Regular Session, 1999,] apply to an application |
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under this section for registration or for an [a permit, a permit] |
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amendment[,] or [a permit] renewal of registration. [In addition,
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at the time published notice of intent to obtain a permit is
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required under Section 5.552, Water Code, an applicant for a
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permit, permit amendment, or permit renewal under this section must
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notify by registered or certified mail each owner of land located
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within one-quarter mile of the proposed land application unit who
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lives on that land of the intent to obtain the permit, amendment, or
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renewal. Notice to landowners must include the information
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required by Section 5.552(c), Water Code, and information regarding
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the anticipated date of the first application of the sludge to the
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proposed land application unit. An owner of land located within
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one-quarter mile of the proposed land application unit who lives on
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that land is an affected person for purposes of Section 5.115, Water
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Code.] |
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(d) In each registration certificate [permit], the |
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commission shall prescribe the conditions under which it is issued, |
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including: |
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(1) the duration of the registration [permit]; |
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(2) the location of the land application unit; |
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(3) the maximum quantity of Class B sludge that may be |
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applied or disposed of under the registration [permit]; |
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(4) a requirement that the registration certificate |
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[permit] holder submit quarterly to the commission a |
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computer-generated report that includes, at a minimum, information |
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regarding: |
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(A) the source, quality, and quantity of sludge |
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applied to the land application unit; |
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(B) the location of the land application unit, |
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either in terms of longitude and latitude or by physical address, |
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including the county; |
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(C) the date of delivery of Class B sludge; |
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(D) the date of application of Class B sludge; |
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(E) the cumulative amount of metals applied to |
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the land application unit through the application of Class B |
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sludge; |
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(F) crops grown at the land application unit |
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site; and |
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(G) the suggested agronomic application rate for |
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the Class B sludge; |
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(5) a requirement that the registration certificate |
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[permit] holder submit annually to the commission evidence that the |
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[permit] holder is complying with the nutrient management plan and |
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the practice standards described by Subsection (h)(4); |
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(6) a requirement that the registration certificate |
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[permit] holder post a sign that is visible from a road or sidewalk |
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that is adjacent to the premises on which the land application unit |
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is located stating that a beneficial application site is located on |
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the premises; |
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(7) any other monitoring and reporting requirements |
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prescribed by the commission for the registration certificate |
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[permit] holder; and |
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(8) a requirement that the registration certificate |
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[permit] holder must report to the commission any noncompliance by |
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the [permit] holder with the registration [permit] conditions or |
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applicable commission rules. |
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(e) A registration [permit] does not become a vested right |
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in the registration certificate [permit] holder. |
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(f) A registration certificate [permit] may be issued under |
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this section for a term set by the board not to exceed six years from |
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the date of issuance. |
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(g) The commission shall charge a fee for the issuance of a |
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registration certificate [permit] under this section in an amount |
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not less than $1,000 and not more than $5,000. In determining the |
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fee under this subsection, the commission shall consider the amount |
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of sludge to be applied under the registration [permit]. |
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(h) The commission by rule shall require an applicant for |
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registration [a permit] under this section to submit with the |
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application, at a minimum: |
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(1) information regarding: |
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(A) the applicant; |
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(B) the source, quality, and quantity of sludge |
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to be applied; and |
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(C) the hydrologic characteristics of the |
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surface water and groundwater at and within one-quarter of a mile of |
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the land application unit; |
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(2) proof evidencing that the applicant has a |
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commercial liability insurance policy that: |
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(A) is issued by an insurance company authorized |
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to do business in this state that has a rating by the A. M. Best |
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Company of A- or better; |
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(B) designates the commission as an additional |
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insured; and |
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(C) is in an amount of not less than $3 million; |
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(3) proof evidencing that the applicant has an |
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environmental impairment insurance policy or similar insurance |
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policy that: |
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(A) is issued by an insurance company authorized |
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to do business in this state that has a rating by the A. M. Best |
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Company of A- or better; |
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(B) designates the commission as an additional |
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insured; and |
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(C) is in an amount of not less than $3 million; |
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and |
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(4) proof that the applicant has minimized the risk of |
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water quality impairment caused by nitrogen applied to the land |
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application unit through the application of Class B sludge by |
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having had a nutrient management plan prepared by a certified |
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nutrient management specialist in accordance with the practice |
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standards of the Natural Resources Conservation Service of the |
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United States Department of Agriculture. |
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(j) A registration certificate [permit] holder must |
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maintain an insurance policy required by Subsection (h) in effect |
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for the duration of the registration [permit]. |
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(k) The commission shall create and operate a tracking |
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system for the land application of Class B sludge. The commission |
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shall require a registration certificate [permit] holder to report |
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deliveries and applications of Class B sludge using the tracking |
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system and shall post the reported information on its website. The |
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tracking system must allow a registration certificate [permit] |
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holder to report electronically: |
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(1) the date of delivery of Class B sludge to a land |
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application unit; and |
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(2) for each application of Class B sludge to a land |
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application unit: |
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(A) the date of the application; and |
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(B) the source, quality, and quantity of the |
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sludge applied. |
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(l) A registration certificate [permit] holder may not |
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accept Class B sludge unless the sludge has been transported to the |
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land application unit in a covered container with the covering |
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firmly secured at the front and back. |
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(n) The insurance requirements under Subsections (h)(2) and |
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(3) do not apply to an applicant that is: |
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(1) a political subdivision; or |
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(2) a small business, as defined by Section 2006.001, |
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Government Code, that owns the land application unit. |
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(o) The commission may not issue a registration certificate |
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[permit] under this section for a land application unit that is |
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located both: |
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(1) in a county that borders the Gulf of Mexico; and |
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(2) 500 feet or less from any water well or surface |
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water. |
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SECTION 4. Section 361.121(m), Health and Safety Code, is |
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repealed. |
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SECTION 5. (a) The changes in law made by this Act apply |
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only to an application to apply Class B sludge to a land application |
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unit that is: |
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(1) filed with the Texas Commission on Environmental |
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Quality on or after the effective date of this Act; or |
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(2) filed with the Texas Commission on Environmental |
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Quality before the effective date of this Act but not found to be |
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administratively complete before that date. |
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(b) A person who holds a permit for the application of Class |
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B sludge approved by the Texas Commission on Environmental Quality |
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before the effective date of this Act may apply Class B sludge in |
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accordance with the terms of the permit. |
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SECTION 6. This Act takes effect September 1, 2013. |