86R4589 JTS-D
 
  By: Burns H.B. No. 3318
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a permit requirement for the land application of
  domestic septage.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 361.121, Health and
  Safety Code, is amended to read as follows:
         Sec. 361.121.  LAND APPLICATION OF CERTAIN SLUDGE OR
  DOMESTIC SEPTAGE; PERMIT REQUIRED.
         SECTION 2.  Sections 361.121(a), (b), (c), (d), (g), (h),
  (i), (k), and (l), Health and Safety Code, are amended to read as
  follows:
         (a)  In this section:
               (1)  "Class B sludge" is sewage sludge that meets one of
  the pathogen reduction requirements of 30 T.A.C. 312.82(b).
               (1-a) "Domestic septage" means liquid or solid material
  removed from a septic tank, cesspool, portable toilet, marine
  sanitation device, or similar treatment works that receives only
  domestic sewage. The term does not include:
                     (A)  liquid or solid material removed from a
  septic tank, cesspool, or similar treatment works that receives
  either commercial wastewater or industrial wastewater; or
                     (B)  grease removed from a grease trap.
               (2)  "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. The term does
  not include manure spreading operations.
               (3)  "Responsible person" means the person with
  ultimate responsibility for the land application of the Class B
  sludge or domestic septage at a land application unit. The
  responsible person is:
                     (A)  the owner of the land application unit if the
  sludge or septage being land applied was generated outside this
  state; or
                     (B)  the person who is land applying the sludge or
  septage if the sludge or septage being land applied was generated in
  this state.
         (b)  Except as provided by Subsection (m), a responsible
  person may not apply Class B sludge or domestic septage on a land
  application unit unless the responsible person has obtained a
  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, [as added by Chapter 1350, Acts of the 76th
  Legislature, Regular Session, 1999,] apply to an application under
  this section for a permit, a permit amendment, or a permit renewal.
  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 or domestic septage 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 permit, the commission shall prescribe the
  conditions under which it is issued, including:
               (1)  the duration of the permit;
               (2)  the location of the land application unit;
               (3)  the maximum quantity of Class B sludge or domestic
  septage that may be applied or disposed of under the permit;
               (4)  a requirement that the 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
  or septage 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 or
  septage;
                     (D)  the date of application of Class B sludge or
  septage;
                     (E)  the cumulative amount of metals applied to
  the land application unit through the application of Class B sludge
  or septage;
                     (F)  crops grown at the land application unit
  site; and
                     (G)  the suggested agronomic application rate for
  the Class B sludge or septage;
               (5)  a requirement that the 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 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 permit holder; and
               (8)  a requirement that the permit holder must report
  to the commission any noncompliance by the permit holder with the
  permit conditions or applicable commission rules.
         (g)  The commission shall charge a fee for the issuance of a
  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 or domestic septage
  to be applied under the permit.
         (h)  The commission by rule shall require an applicant for 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
  or domestic septage 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 or
  domestic septage 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.
         (i)  The commission may expand the definition of Class B
  sludge or domestic septage only by expanding the definition to
  include sludge or septage that meets more stringent pathogen
  reduction requirements.
         (k)  The commission shall create and operate a tracking
  system for the land application of Class B sludge or domestic
  septage. The commission shall require a permit holder to report
  deliveries and applications of Class B sludge or domestic septage
  using the tracking system and shall post the reported information
  on its website. The tracking system must allow a permit holder to
  report electronically:
               (1)  the date of delivery of Class B sludge or domestic
  septage to a land application unit; and
               (2)  for each application of Class B sludge or domestic
  septage to a land application unit:
                     (A)  the date of the application; and
                     (B)  the source, quality, and quantity of the
  sludge or septage applied.
         (l)  A permit holder may not accept Class B sludge or
  domestic septage unless the sludge or septage has been transported
  to the land application unit in a covered container with the
  covering firmly secured at the front and back.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.