85R3086 JRR-D
By: Wray H.B. No. 1250
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain counties to prohibit the land
application of certain sewage sludge in the county or in a portion
of the county.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.121(o), Health and Safety Code, is
amended to read as follows:
(o) The commission may not issue a permit under this section
for a land application unit that is located:
(1) in a county described by Section 361.1215(b) if
the commissioners court of the county has adopted an order under
Section 361.1215(c) that prohibits the land application of Class B
sludge in the county or in the portion of the county where the land
application unit is located; or
(2) both:
(A) [(1)] in a county that borders the Gulf of
Mexico; and
(B) [(2)] 500 feet or less from any water well or
surface water.
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 PROHIBITION ON LAND APPLICATION 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) Notwithstanding any other law, the commissioners court
of a county described by Subsection (b) by order may prohibit the
land application of one or more specific types of sewage sludge,
including Class A sludge, Class AB sludge, and Class B sludge, in
the county or in a portion of the county. In determining whether to
adopt an order under this subsection, the commissioners court may
consider whether the sludge was processed using thermophilic
hydrolysis.
SECTION 3. Not later than January 1, 2018, the Texas
Commission on Environmental Quality shall adopt any rules required
to implement the changes in law made by this Act.
SECTION 4. (a) The changes in law made by this Act apply
only to an application to apply Class A sludge, Class AB sludge, or
Class B sludge to a land application unit that is:
(1) filed with the Texas Commission on Environmental
Quality on or after the effective date of this Act; or
(2) filed with the Texas Commission on Environmental
Quality before the effective date of this Act but not found to be
administratively complete before that date.
(b) A person who holds a registration or permit for the
application of Class A sludge, Class AB sludge, or Class B sludge
approved by the Texas Commission on Environmental Quality before
the effective date of this Act may apply Class A sludge, Class AB
sludge, or Class B sludge in accordance with the terms of the
registration or permit.
SECTION 5. This Act takes effect September 1, 2017.