Texas 2013 - 83rd Regular

Texas House Bill HB2996 Compare Versions

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Old	New	Differences
1	1	83R20518 JRR-D
2	2	By: King of Zavala H.B. No. 2996
3	3	Substitute the following for H.B. No. 2996:
4	4	By: Kacal C.S.H.B. No. 2996
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to regulation by the Texas Commission on Environmental
10	10	Quality of the land application of Class B sludge.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Section 361.121, Health and
13	13	Safety Code, is amended to read as follows:
14	14	Sec. 361.121. LAND APPLICATION OF CERTAIN SLUDGE;
15	15	REGISTRATION [PERMIT] REQUIRED.
16	16	SECTION 2. Section 361.121(a)(1), Health and Safety Code,
17	17	is amended to read as follows:
18	18	(1) "Class B sludge" is domestic sewage sludge that:
19	19	(A) meets one of the pathogen reduction
20	20	requirements of 30 T.A.C. Section 312.82(b); or
21	21	(B) if combined and processed with grease trap
22	22	waste, grit trap waste, or septage within the boundaries of a
23	23	wastewater treatment facility, meets one of the pathogen reduction
24	24	requirements of 30 T.A.C. Section 312.82(b) and one of the vector
25	25	attraction reduction requirements of 30 T.A.C. Section 312.83.
26	26	SECTION 3. Sections 361.121(b), (c), (d), (e), (f), (g),
27	27	(h), (j), (k), (l), (n), and (o), Health and Safety Code, are
28	28	amended to read as follows:
29	29	(b) A [Except as provided by Subsection (m), a] responsible
30	30	person may not apply Class B sludge on a land application unit
31	31	unless the responsible person has obtained a registration
32	32	certificate [permit] for that land application unit issued by the
33	33	commission under this section [on or after September 1, 2003].
34	34	(c) The notice and hearing provisions of Subchapter M,
35	35	Chapter 5, Water Code, do not [as added by Chapter 1350, Acts of the
36	36	76th Legislature, Regular Session, 1999,] apply to an application
37	37	under this section for registration or for an [a permit, a permit]
38	38	amendment[,] or [a permit] renewal of registration. [In addition,
39	39	at the time published notice of intent to obtain a permit is
40	40	required under Section 5.552, Water Code, an applicant for a
41	41	permit, permit amendment, or permit renewal under this section must
42	42	notify by registered or certified mail each owner of land located
43	43	within one-quarter mile of the proposed land application unit who
44	44	lives on that land of the intent to obtain the permit, amendment, or
45	45	renewal. Notice to landowners must include the information
46	46	required by Section 5.552(c), Water Code, and information regarding
47	47	the anticipated date of the first application of the sludge to the
48	48	proposed land application unit. An owner of land located within
49	49	one-quarter mile of the proposed land application unit who lives on
50	50	that land is an affected person for purposes of Section 5.115, Water
51	51	Code.]
52	52	(d) In each registration certificate [permit], the
53	53	commission shall prescribe the conditions under which it is issued,
54	54	including:
55	55	(1) the duration of the registration [permit];
56	56	(2) the location of the land application unit;
57	57	(3) the maximum quantity of Class B sludge that may be
58	58	applied or disposed of under the registration [permit];
59	59	(4) a requirement that the registration certificate
60	60	[permit] holder submit quarterly to the commission a
61	61	computer-generated report that includes, at a minimum, information
62	62	regarding:
63	63	(A) the source, quality, and quantity of sludge
64	64	applied to the land application unit;
65	65	(B) the location of the land application unit,
66	66	either in terms of longitude and latitude or by physical address,
67	67	including the county;
68	68	(C) the date of delivery of Class B sludge;
69	69	(D) the date of application of Class B sludge;
70	70	(E) the cumulative amount of metals applied to
71	71	the land application unit through the application of Class B
72	72	sludge;
73	73	(F) crops grown at the land application unit
74	74	site; and
75	75	(G) the suggested agronomic application rate for
76	76	the Class B sludge;
77	77	(5) a requirement that the registration certificate
78	78	[permit] holder submit annually to the commission evidence that the
79	79	[permit] holder is complying with the nutrient management plan and
80	80	the practice standards described by Subsection (h)(4);
81	81	(6) a requirement that the registration certificate
82	82	[permit] holder post a sign that is visible from a road or sidewalk
83	83	that is adjacent to the premises on which the land application unit
84	84	is located stating that a beneficial application site is located on
85	85	the premises;
86	86	(7) any other monitoring and reporting requirements
87	87	prescribed by the commission for the registration certificate
88	88	[permit] holder; and
89	89	(8) a requirement that the registration certificate
90	90	[permit] holder must report to the commission any noncompliance by
91	91	the [permit] holder with the registration [permit] conditions or
92	92	applicable commission rules.
93	93	(e) A registration [permit] does not become a vested right
94	94	in the registration certificate [permit] holder.
95	95	(f) A registration certificate [permit] may be issued under
96	96	this section for a term set by the board not to exceed six years from
97	97	the date of issuance.
98	98	(g) The commission shall charge a fee for the issuance of a
99	99	registration certificate [permit] under this section in an amount
100	100	not less than $1,000 and not more than $5,000. In determining the
101	101	fee under this subsection, the commission shall consider the amount
102	102	of sludge to be applied under the registration [permit].
103	103	(h) The commission by rule shall require an applicant for
104	104	registration [a permit] under this section to submit with the
105	105	application, at a minimum:
106	106	(1) information regarding:
107	107	(A) the applicant;
108	108	(B) the source, quality, and quantity of sludge
109	109	to be applied; and
110	110	(C) the hydrologic characteristics of the
111	111	surface water and groundwater at and within one-quarter of a mile of
112	112	the land application unit;
113	113	(2) proof evidencing that the applicant has a
114	114	commercial liability insurance policy that:
115	115	(A) is issued by an insurance company authorized
116	116	to do business in this state that has a rating by the A. M. Best
117	117	Company of A- or better;
118	118	(B) designates the commission as an additional
119	119	insured; and
120	120	(C) is in an amount of not less than $3 million;
121	121	(3) proof evidencing that the applicant has an
122	122	environmental impairment insurance policy or similar insurance
123	123	policy that:
124	124	(A) is issued by an insurance company authorized
125	125	to do business in this state that has a rating by the A. M. Best
126	126	Company of A- or better;
127	127	(B) designates the commission as an additional
128	128	insured; and
129	129	(C) is in an amount of not less than $3 million;
130	130	and
131	131	(4) proof that the applicant has minimized the risk of
132	132	water quality impairment caused by nitrogen applied to the land
133	133	application unit through the application of Class B sludge by
134	134	having had a nutrient management plan prepared by a certified
135	135	nutrient management specialist in accordance with the practice
136	136	standards of the Natural Resources Conservation Service of the
137	137	United States Department of Agriculture.
138	138	(j) A registration certificate [permit] holder must
139	139	maintain an insurance policy required by Subsection (h) in effect
140	140	for the duration of the registration [permit].
141	141	(k) The commission shall create and operate a tracking
142	142	system for the land application of Class B sludge. The commission
143	143	shall require a registration certificate [permit] holder to report
144	144	deliveries and applications of Class B sludge using the tracking
145	145	system and shall post the reported information on its website. The
146	146	tracking system must allow a registration certificate [permit]
147	147	holder to report electronically:
148	148	(1) the date of delivery of Class B sludge to a land
149	149	application unit; and
150	150	(2) for each application of Class B sludge to a land
151	151	application unit:
152	152	(A) the date of the application; and
153	153	(B) the source, quality, and quantity of the
154	154	sludge applied.
155	155	(l) A registration certificate [permit] holder may not
156	156	accept Class B sludge unless the sludge has been transported to the
157	157	land application unit in a covered container with the covering
158	158	firmly secured at the front and back.
159	159	(n) The insurance requirements under Subsections (h)(2) and
160	160	(3) do not apply to an applicant that is:
161	161	(1) a political subdivision; or
162	162	(2) a small business, as defined by Section 2006.001,
163	163	Government Code.
164	164	(o) The commission may not issue a registration certificate
165	165	[permit] under this section for a land application unit that is
166	166	located both:
167	167	(1) in a county that borders the Gulf of Mexico; and
168	168	(2) 500 feet or less from any water well or surface
169	169	water.
170	170	SECTION 4. Section 361.121(m), Health and Safety Code, is
171	171	repealed.
172	172	SECTION 5. (a) The changes in law made by this Act apply
173	173	only to an application to apply Class B sludge to a land application
174	174	unit that is:
175	175	(1) filed with the Texas Commission on Environmental
176	176	Quality on or after the effective date of this Act; or
177	177	(2) filed with the Texas Commission on Environmental
178	178	Quality before the effective date of this Act but not found to be
179	179	administratively complete before that date.
180	180	(b) A person who holds a permit for the application of Class
181	181	B sludge approved by the Texas Commission on Environmental Quality
182	182	before the effective date of this Act may apply Class B sludge in
183	183	accordance with the terms of the permit.
184	184	SECTION 6. This Act takes effect September 1, 2013.