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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain counties to prohibit the land |
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application of certain sewage sludge in the county or in a portion |
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of the county. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.121(o), Health and Safety Code, is |
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amended to read as follows: |
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(o) The commission may not issue a permit under this section |
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for a land application unit that is located: |
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(1) in a county described by Section 361.1215(b) if |
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the commissioners court of the county has adopted an order under |
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Section 361.1215(c) that prohibits the land application of Class B |
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sludge in the county or in the portion of the county where the land |
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application unit is located; or |
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(2) both: |
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(A) [(1)] in a county that borders the Gulf of |
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Mexico; and |
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(B) [(2)] 500 feet or less from any water well or |
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surface water. |
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SECTION 2. Subchapter C, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.1215 to read as follows: |
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Sec. 361.1215. COUNTY PROHIBITION ON LAND APPLICATION OF |
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SLUDGE. (a) In this section: |
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(1) "Class A sludge" means sewage sludge that meets |
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one of the pathogen reduction requirements of 30 T.A.C. Section |
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312.82(a)(1)(B). |
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(2) "Class AB sludge" means sewage sludge that meets |
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one of the pathogen reduction requirements of 30 T.A.C. Section |
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312.82(a)(1)(A). |
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(3) "Class B sludge" has the meaning assigned by |
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Section 361.121. |
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(b) This section applies only to a county that: |
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(1) does not contain a municipality located entirely |
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within the county that has a population of more than 40,000; |
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(2) is adjacent to two counties with populations of |
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more than one million; and |
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(3) is located in the Region C regional water planning |
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area designated in accordance with Section 16.053, Water Code. |
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(c) Notwithstanding any other law, the commissioners court |
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of a county described by Subsection (b) by order may prohibit the |
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land application of one or more specific types of sewage sludge, |
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including Class A sludge, Class AB sludge, and Class B sludge, in |
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the county or in a portion of the county. In determining whether to |
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adopt an order under this subsection, the commissioners court may |
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consider whether the sludge was processed using thermophilic |
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hydrolysis. |
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SECTION 3. Not later than January 1, 2018, the Texas |
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Commission on Environmental Quality shall adopt any rules required |
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to implement the changes in law made by this Act. |
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SECTION 4. (a) The changes in law made by this Act apply |
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only to an application to apply Class A sludge, Class AB sludge, or |
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Class B sludge to a land application 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 registration or permit for the |
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application of Class A sludge, Class AB sludge, or Class B sludge |
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approved by the Texas Commission on Environmental Quality before |
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the effective date of this Act may apply Class A sludge, Class AB |
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sludge, or Class B sludge in accordance with the terms of the |
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registration or permit. |
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SECTION 5. This Act takes effect September 1, 2017. |