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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition of the application of biosolids to |
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certain land. |
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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 TO NON-AGRICULTURAL LAND |
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OF CERTAIN SLUDGE; PERMIT REQUIRED. |
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SECTION 2. Section 361.121(a)(2), Health and Safety Code, |
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is amended to read as follows: |
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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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non-agricultural [agricultural] purposes, including [or for] |
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treatment and disposal or maintaining public parks, golf courses, |
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and athletic fields. The term does not include manure spreading |
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operations. |
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SECTION 3. Section 361.121(d), Health and Safety Code, is |
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amended to read as follows: |
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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 that may be |
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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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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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and |
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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 |
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for the Class B sludge;] |
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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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SECTION 4. Subchapter C, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.1211 to read as follows: |
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Sec. 361.1211. APPLICATION TO AGRICULTURAL LAND OF |
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BIOSOLIDS IN CERTAIN COUNTIES. |
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(a) This section applies only to a county with a population of not |
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less than 170,000 and not more than 190,000, according to the most |
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recent federal decennial census. |
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(b) In this section: |
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(1) "Agricultural land" means land that is used for: |
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(A) the production of plants or food grown for |
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human or animal consumption; |
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(B) animal grazing; or |
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(C) raising livestock. |
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(2) "Biosolids" means any solid, semi-solid, or liquid |
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material generated from the treatment of sewage sludge, including |
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Class A biosolids, Class AB biosolids, and Class B sludge. |
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(3) "Class A biosolids" means biosolids that meet the |
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metal limits established in 30 T.A.C. 312.43(b)(1) and (3) and the |
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pathogen reduction requirements of 30 T.A.C. 312.82(a)(1)(B). |
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(4) "Class AB biosolids" means biosolids that meet the |
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metal limits established in 30 T.A.C. 312.43(b)(1) and (3) and the |
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pathogen reduction requirements of 30 T.A.C. 312.82(a)(1)(A). |
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(5) "Class B sludge" means sewage sludge that meets |
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one of the pathogen reduction requirements of 30 T.A.C. 312.82(b). |
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(c) A person may not apply biosolids onto agricultural land |
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or incorporate biosolids into the soil of agricultural land in a |
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county to which this section applies. |
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SECTION 5. A permit, registration, or other authorization |
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issued by the Texas Commission on Environmental Quality that allows |
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the application to agricultural land of biosolids, as defined by |
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Section 361.1211, Health and Safety Code, as added by this Act, |
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expires on the effective date of this Act. The remainder of a |
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permit, registration, or other authorization that contains items in |
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addition to an authorization allowing the application to |
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agricultural land of biosolids remains in effect to the extent that |
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it does not authorize the application to agricultural land of |
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biosolids. |
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SECTION 6. This Act takes effect on the 91st day after the |
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last day of the legislative session. |