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A BILL TO BE ENTITLED
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AN ACT
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relating to a permit requirement for the land application of |
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domestic septage. |
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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 OR |
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DOMESTIC SEPTAGE; PERMIT REQUIRED. |
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SECTION 2. Sections 361.121(a), (b), (c), (d), (g), (h), |
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(i), (k), and (l), Health and Safety Code, are amended to read as |
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follows: |
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(a) In this section: |
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(1) "Class B sludge" is sewage sludge that meets one of |
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the pathogen reduction requirements of 30 T.A.C. 312.82(b). |
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(1-a) "Domestic septage" means liquid or solid material |
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removed from a septic tank, cesspool, portable toilet, marine |
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sanitation device, or similar treatment works that receives only |
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domestic sewage. The term does not include: |
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(A) liquid or solid material removed from a |
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septic tank, cesspool, or similar treatment works that receives |
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either commercial wastewater or industrial wastewater; or |
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(B) grease removed from a grease trap. |
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(2) "Land application unit" means an area where wastes |
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are applied onto or incorporated into the soil surface for |
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agricultural purposes or for treatment and disposal. The term does |
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not include manure spreading operations. |
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(3) "Responsible person" means the person with |
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ultimate responsibility for the land application of the Class B |
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sludge or domestic septage at a land application unit. The |
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responsible person is: |
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(A) the owner of the land application unit if the |
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sludge or septage being land applied was generated outside this |
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state; or |
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(B) the person who is land applying the sludge or |
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septage if the sludge or septage being land applied was generated in |
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this state. |
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(b) Except as provided by Subsection (m), a responsible |
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person may not apply Class B sludge or domestic septage on a land |
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application unit unless the responsible person has obtained a |
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permit for that land application unit issued by the commission |
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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, [as added by Chapter 1350, Acts of the 76th
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Legislature, Regular Session, 1999,] apply to an application under |
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this section for a permit, a permit amendment, or a permit renewal. |
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In addition, at the time published notice of intent to obtain a |
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permit is required under Section 5.552, Water Code, an applicant |
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for a permit, permit amendment, or permit renewal under this |
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section must notify by registered or certified mail each owner of |
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land located within one-quarter mile of the proposed land |
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application unit who lives on that land of the intent to obtain the |
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permit, amendment, or renewal. Notice to landowners must include |
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the information required by Section 5.552(c), Water Code, and |
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information regarding the anticipated date of the first application |
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of the sludge or domestic septage to the proposed land application |
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unit. An owner of land located within one-quarter mile of the |
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proposed land application unit who lives on that land is an affected |
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person for purposes of Section 5.115, Water Code. |
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(d) In each permit, the commission shall prescribe the |
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conditions under which it is issued, including: |
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(1) the duration of the 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 or domestic |
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septage that may be applied or disposed of under the permit; |
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(4) a requirement that the permit holder submit |
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quarterly to the commission a computer-generated report that |
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includes, at a minimum, information regarding: |
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(A) the source, quality, and quantity of sludge |
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or septage 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 or |
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septage; |
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(D) the date of application of Class B sludge or |
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septage; |
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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 sludge |
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or septage; |
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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 or septage; |
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(5) a requirement that the permit holder submit |
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annually to the commission evidence that the permit holder is |
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complying with the nutrient management plan and the practice |
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standards described by Subsection (h)(4); |
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(6) a requirement that the permit holder post a sign |
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that is visible from a road or sidewalk that is adjacent to the |
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premises on which the land application unit is located stating that |
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a beneficial application site is located on the premises; |
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(7) any other monitoring and reporting requirements |
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prescribed by the commission for the permit holder; and |
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(8) a requirement that the permit holder must report |
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to the commission any noncompliance by the permit holder with the |
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permit conditions or applicable commission rules. |
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(g) The commission shall charge a fee for the issuance of a |
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permit under this section in an amount not less than $1,000 and not |
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more than $5,000. In determining the fee under this subsection, the |
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commission shall consider the amount of sludge or domestic septage |
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to be applied under the permit. |
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(h) The commission by rule shall require an applicant for a |
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permit under this section to submit with the application, at a |
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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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or domestic septage 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 or |
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domestic septage by having had a nutrient management plan prepared |
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by a certified nutrient management specialist in accordance with |
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the practice standards of the Natural Resources Conservation |
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Service of the United States Department of Agriculture. |
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(i) The commission may expand the definition of Class B |
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sludge or domestic septage only by expanding the definition to |
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include sludge or septage that meets more stringent pathogen |
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reduction requirements. |
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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 or domestic |
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septage. The commission shall require a permit holder to report |
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deliveries and applications of Class B sludge or domestic septage |
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using the tracking system and shall post the reported information |
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on its website. The tracking system must allow a permit holder to |
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report electronically: |
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(1) the date of delivery of Class B sludge or domestic |
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septage to a land application unit; and |
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(2) for each application of Class B sludge or domestic |
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septage to a land 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 or septage applied. |
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(l) A permit holder may not accept Class B sludge or |
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domestic septage unless the sludge or septage has been transported |
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to the land application unit in a covered container with the |
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covering firmly secured at the front and back. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |