| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the land application of sewage sludge in certain |
|
|
counties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 361.121(o), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(o) The commission may not issue a permit under this section |
|
|
for a land application unit that is located: |
|
|
(1) in a county described by Section 361.1215(b); or |
|
|
(2) both: |
|
|
(A) [(1)] in a county that borders the Gulf of |
|
|
Mexico; and |
|
|
(B) [(2)] 500 feet or less from any water well or |
|
|
surface water. |
|
|
SECTION 2. Subchapter C, Chapter 361, Health and Safety |
|
|
Code, is amended by adding Section 361.1215 to read as follows: |
|
|
Sec. 361.1215. PROHIBITION ON LAND APPLICATION OF SLUDGE IN |
|
|
CERTAIN COUNTIES. (a) In this section: |
|
|
(1) "Class A sludge" means sewage sludge that meets |
|
|
one of the pathogen reduction requirements of 30 T.A.C. Section |
|
|
312.82(a)(1)(B). |
|
|
(2) "Class AB sludge" means sewage sludge that meets |
|
|
one of the pathogen reduction requirements of 30 T.A.C. Section |
|
|
312.82(a)(1)(A). |
|
|
(3) "Class B sludge" has the meaning assigned by |
|
|
Section 361.121. |
|
|
(4) "Land application unit" means an area where wastes |
|
|
are applied onto or incorporated into the soil surface for |
|
|
agricultural purposes or for treatment and disposal. |
|
|
(b) This section applies only to a county that: |
|
|
(1) does not contain a municipality located entirely |
|
|
within the county that has a population of more than 40,000; |
|
|
(2) is adjacent to two counties with populations of |
|
|
more than one million; and |
|
|
(3) is located in the Region C regional water planning |
|
|
area designated in accordance with Section 16.053, Water Code. |
|
|
(c) Notwithstanding any other law, a person may not apply |
|
|
sewage sludge, including Class A sludge, Class AB sludge, or Class B |
|
|
sludge, on a land application unit located in a county described by |
|
|
Subsection (b). |
|
|
SECTION 3. Not later than January 1, 2016, the Texas |
|
|
Commission on Environmental Quality shall adopt any rules required |
|
|
to implement the changes in law made by this Act. |
|
|
SECTION 4. (a) The changes in law made by this Act apply |
|
|
only to an application to apply Class A sludge, Class AB sludge, or |
|
|
Class B sludge to a land application unit that is: |
|
|
(1) filed with the Texas Commission on Environmental |
|
|
Quality on or after the effective date of this Act; or |
|
|
(2) filed with the Texas Commission on Environmental |
|
|
Quality before the effective date of this Act but not found to be |
|
|
administratively complete before that date. |
|
|
(b) A person who holds a registration or permit for the |
|
|
application of Class A sludge, Class AB sludge, or Class B sludge |
|
|
approved by the Texas Commission on Environmental Quality before |
|
|
the effective date of this Act may apply Class A sludge, Class AB |
|
|
sludge, or Class B sludge in accordance with the terms of the |
|
|
registration or permit. |
|
|
SECTION 5. This Act takes effect September 1, 2015. |