| 1 | 1 | | 84R6683 JRR-D |
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| 2 | 2 | | By: Wray H.B. No. 2460 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to allowing certain counties to regulate the land |
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| 8 | 8 | | application of certain sewage sludge. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 361.121, Health and Safety Code, is |
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| 11 | 11 | | amended by adding Subsection (a-1) to read as follows: |
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| 12 | 12 | | (a-1) This section does not apply to a permit to apply Class |
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| 13 | 13 | | B sludge to a land application unit located in a county described by |
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| 14 | 14 | | Section 361.1215(b) if the commissioners court of the county has |
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| 15 | 15 | | established regulations and procedures under Section 361.1215(d) |
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| 16 | 16 | | for the land application of Class B sludge. |
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| 17 | 17 | | SECTION 2. Subchapter C, Chapter 361, Health and Safety |
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| 18 | 18 | | Code, is amended by adding Section 361.1215 to read as follows: |
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| 19 | 19 | | Sec. 361.1215. COUNTY REGULATION OF SLUDGE. (a) In this |
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| 20 | 20 | | section: |
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| 21 | 21 | | (1) "Class A sludge" means sewage sludge that meets |
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| 22 | 22 | | one of the pathogen reduction requirements of 30 T.A.C. Section |
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| 23 | 23 | | 312.82(a)(1)(B). |
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| 24 | 24 | | (2) "Class AB sludge" means sewage sludge that meets |
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| 25 | 25 | | one of the pathogen reduction requirements of 30 T.A.C. Section |
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| 26 | 26 | | 312.82(a)(1)(A). |
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| 27 | 27 | | (3) "Class B sludge" has the meaning assigned by |
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| 28 | 28 | | Section 361.121. |
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| 29 | 29 | | (b) This section applies only to a county that: |
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| 30 | 30 | | (1) does not contain a municipality located entirely |
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| 31 | 31 | | within the county that has a population of more than 40,000; |
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| 32 | 32 | | (2) is adjacent to two counties with populations of |
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| 33 | 33 | | more than one million; and |
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| 34 | 34 | | (3) is located in the Region C regional water planning |
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| 35 | 35 | | area designated in accordance with Section 16.053, Water Code. |
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| 36 | 36 | | (c) The commission shall delegate its authority and |
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| 37 | 37 | | responsibilities under this chapter with regard to the land |
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| 38 | 38 | | application of Class A sludge, Class AB sludge, and Class B sludge |
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| 39 | 39 | | in a county described by Subsection (b) to the commissioners court |
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| 40 | 40 | | of the county if the commissioners court adopts an order to assume |
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| 41 | 41 | | that authority and those responsibilities. |
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| 42 | 42 | | (d) A commissioners court to whom the commission delegates |
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| 43 | 43 | | the commission's authority and responsibilities as described by |
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| 44 | 44 | | Subsection (c) by order shall establish regulations and procedures |
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| 45 | 45 | | necessary to maintain at least the same level of environmental |
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| 46 | 46 | | protection as provided by the commission. |
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| 47 | 47 | | SECTION 3. Not later than the 60th day after the date the |
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| 48 | 48 | | commissioners court of a county adopts an order under Section |
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| 49 | 49 | | 361.1215(c), Health and Safety Code, as added by this Act, to assume |
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| 50 | 50 | | the Texas Commission on Environmental Quality's authority and |
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| 51 | 51 | | responsibilities under Chapter 361, Health and Safety Code, with |
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| 52 | 52 | | regard to the land application of Class A sludge, Class AB sludge, |
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| 53 | 53 | | and Class B sludge in the county, the Texas Commission on |
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| 54 | 54 | | Environmental Quality and the commissioners court shall enter into |
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| 55 | 55 | | a memorandum of understanding under which the commission and |
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| 56 | 56 | | commissioners court shall clarify, to the extent necessary, the |
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| 57 | 57 | | transfer of authority and responsibilities as authorized by that |
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| 58 | 58 | | section. |
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| 59 | 59 | | SECTION 4. This Act takes effect immediately if it receives |
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| 60 | 60 | | a vote of two-thirds of all the members elected to each house, as |
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| 61 | 61 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 62 | 62 | | Act does not receive the vote necessary for immediate effect, this |
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| 63 | 63 | | Act takes effect September 1, 2015. |
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