84R6683 JRR-D
By: Wray H.B. No. 2460
A BILL TO BE ENTITLED
AN ACT
relating to allowing certain counties to regulate the land
application of certain sewage sludge.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.121, Health and Safety Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) This section does not apply to a permit to apply Class
B sludge to a land application unit located in a county described by
Section 361.1215(b) if the commissioners court of the county has
established regulations and procedures under Section 361.1215(d)
for the land application of Class B sludge.
SECTION 2. Subchapter C, Chapter 361, Health and Safety
Code, is amended by adding Section 361.1215 to read as follows:
Sec. 361.1215. COUNTY REGULATION OF SLUDGE. (a) In this
section:
(1) "Class A sludge" means sewage sludge that meets
one of the pathogen reduction requirements of 30 T.A.C. Section
312.82(a)(1)(B).
(2) "Class AB sludge" means sewage sludge that meets
one of the pathogen reduction requirements of 30 T.A.C. Section
312.82(a)(1)(A).
(3) "Class B sludge" has the meaning assigned by
Section 361.121.
(b) This section applies only to a county that:
(1) does not contain a municipality located entirely
within the county that has a population of more than 40,000;
(2) is adjacent to two counties with populations of
more than one million; and
(3) is located in the Region C regional water planning
area designated in accordance with Section 16.053, Water Code.
(c) The commission shall delegate its authority and
responsibilities under this chapter with regard to the land
application of Class A sludge, Class AB sludge, and Class B sludge
in a county described by Subsection (b) to the commissioners court
of the county if the commissioners court adopts an order to assume
that authority and those responsibilities.
(d) A commissioners court to whom the commission delegates
the commission's authority and responsibilities as described by
Subsection (c) by order shall establish regulations and procedures
necessary to maintain at least the same level of environmental
protection as provided by the commission.
SECTION 3. Not later than the 60th day after the date the
commissioners court of a county adopts an order under Section
361.1215(c), Health and Safety Code, as added by this Act, to assume
the Texas Commission on Environmental Quality's authority and
responsibilities under Chapter 361, Health and Safety Code, with
regard to the land application of Class A sludge, Class AB sludge,
and Class B sludge in the county, the Texas Commission on
Environmental Quality and the commissioners court shall enter into
a memorandum of understanding under which the commission and
commissioners court shall clarify, to the extent necessary, the
transfer of authority and responsibilities as authorized by that
section.
SECTION 4. 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, 2015.