Texas 2017 - 85th Regular

Texas Senate Bill SB1724 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R10052 JTS-D
2	2	By: Birdwell S.B. No. 1724
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a permit requirement for the land application of
8	8	domestic septage.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 361.121, Health and
11	11	Safety Code, is amended to read as follows:
12	12	Sec. 361.121. LAND APPLICATION OF CERTAIN SLUDGE OR
13	13	DOMESTIC SEPTAGE; PERMIT REQUIRED.
14	14	SECTION 2. Sections 361.121(a), (b), (c), (d), (g), (h),
15	15	(i), (k), and (l), Health and Safety Code, are amended to read as
16	16	follows:
17	17	(a) In this section:
18	18	(1) "Class B sludge" is sewage sludge that meets one of
19	19	the pathogen reduction requirements of 30 T.A.C. 312.82(b).
20	20	(1-a) "Domestic septage" means liquid or solid material
21	21	removed from a septic tank, cesspool, portable toilet, marine
22	22	sanitation device, or similar treatment works that receives only
23	23	domestic sewage. The term does not include:
24	24	(A) liquid or solid material removed from a
25	25	septic tank, cesspool, or similar treatment works that receives
26	26	either commercial wastewater or industrial wastewater; or
27	27	(B) grease removed from a grease trap.
28	28	(2) "Land application unit" means an area where wastes
29	29	are applied onto or incorporated into the soil surface for
30	30	agricultural purposes or for treatment and disposal. The term does
31	31	not include manure spreading operations.
32	32	(3) "Responsible person" means the person with
33	33	ultimate responsibility for the land application of the Class B
34	34	sludge or domestic septage at a land application unit. The
35	35	responsible person is:
36	36	(A) the owner of the land application unit if the
37	37	sludge or septage being land applied was generated outside this
38	38	state; or
39	39	(B) the person who is land applying the sludge or
40	40	septage if the sludge or septage being land applied was generated in
41	41	this state.
42	42	(b) Except as provided by Subsection (m), a responsible
43	43	person may not apply Class B sludge or domestic septage on a land
44	44	application unit unless the responsible person has obtained a
45	45	permit for that land application unit issued by the commission
46	46	under this section [on or after September 1, 2003].
47	47	(c) The notice and hearing provisions of Subchapter M,
48	48	Chapter 5, Water Code, [as added by Chapter 1350, Acts of the 76th
49	49	Legislature, Regular Session, 1999,] apply to an application under
50	50	this section for a permit, a permit amendment, or a permit renewal.
51	51	In addition, at the time published notice of intent to obtain a
52	52	permit is required under Section 5.552, Water Code, an applicant
53	53	for a permit, permit amendment, or permit renewal under this
54	54	section must notify by registered or certified mail each owner of
55	55	land located within one-quarter mile of the proposed land
56	56	application unit who lives on that land of the intent to obtain the
57	57	permit, amendment, or renewal. Notice to landowners must include
58	58	the information required by Section 5.552(c), Water Code, and
59	59	information regarding the anticipated date of the first application
60	60	of the sludge or domestic septage to the proposed land application
61	61	unit. An owner of land located within one-quarter mile of the
62	62	proposed land application unit who lives on that land is an affected
63	63	person for purposes of Section 5.115, Water Code.
64	64	(d) In each permit, the commission shall prescribe the
65	65	conditions under which it is issued, including:
66	66	(1) the duration of the permit;
67	67	(2) the location of the land application unit;
68	68	(3) the maximum quantity of Class B sludge or domestic
69	69	septage that may be applied or disposed of under the permit;
70	70	(4) a requirement that the permit holder submit
71	71	quarterly to the commission a computer-generated report that
72	72	includes, at a minimum, information regarding:
73	73	(A) the source, quality, and quantity of sludge
74	74	or septage applied to the land application unit;
75	75	(B) the location of the land application unit,
76	76	either in terms of longitude and latitude or by physical address,
77	77	including the county;
78	78	(C) the date of delivery of Class B sludge or
79	79	septage;
80	80	(D) the date of application of Class B sludge or
81	81	septage;
82	82	(E) the cumulative amount of metals applied to
83	83	the land application unit through the application of Class B sludge
84	84	or septage;
85	85	(F) crops grown at the land application unit
86	86	site; and
87	87	(G) the suggested agronomic application rate for
88	88	the Class B sludge or septage;
89	89	(5) a requirement that the permit holder submit
90	90	annually to the commission evidence that the permit holder is
91	91	complying with the nutrient management plan and the practice
92	92	standards described by Subsection (h)(4);
93	93	(6) a requirement that the permit holder post a sign
94	94	that is visible from a road or sidewalk that is adjacent to the
95	95	premises on which the land application unit is located stating that
96	96	a beneficial application site is located on the premises;
97	97	(7) any other monitoring and reporting requirements
98	98	prescribed by the commission for the permit holder; and
99	99	(8) a requirement that the permit holder must report
100	100	to the commission any noncompliance by the permit holder with the
101	101	permit conditions or applicable commission rules.
102	102	(g) The commission shall charge a fee for the issuance of a
103	103	permit under this section in an amount not less than $1,000 and not
104	104	more than $5,000. In determining the fee under this subsection, the
105	105	commission shall consider the amount of sludge or domestic septage
106	106	to be applied under the permit.
107	107	(h) The commission by rule shall require an applicant for a
108	108	permit under this section to submit with the application, at a
109	109	minimum:
110	110	(1) information regarding:
111	111	(A) the applicant;
112	112	(B) the source, quality, and quantity of sludge
113	113	or domestic septage to be applied; and
114	114	(C) the hydrologic characteristics of the
115	115	surface water and groundwater at and within one-quarter of a mile of
116	116	the land application unit;
117	117	(2) proof evidencing that the applicant has a
118	118	commercial liability insurance policy that:
119	119	(A) is issued by an insurance company authorized
120	120	to do business in this state that has a rating by the A. M. Best
121	121	Company of A- or better;
122	122	(B) designates the commission as an additional
123	123	insured; and
124	124	(C) is in an amount of not less than $3 million;
125	125	(3) proof evidencing that the applicant has an
126	126	environmental impairment insurance policy or similar insurance
127	127	policy that:
128	128	(A) is issued by an insurance company authorized
129	129	to do business in this state that has a rating by the A. M. Best
130	130	Company of A- or better;
131	131	(B) designates the commission as an additional
132	132	insured; and
133	133	(C) is in an amount of not less than $3 million;
134	134	and
135	135	(4) proof that the applicant has minimized the risk of
136	136	water quality impairment caused by nitrogen applied to the land
137	137	application unit through the application of Class B sludge or
138	138	domestic septage by having had a nutrient management plan prepared
139	139	by a certified nutrient management specialist in accordance with
140	140	the practice standards of the Natural Resources Conservation
141	141	Service of the United States Department of Agriculture.
142	142	(i) The commission may expand the definition of Class B
143	143	sludge or domestic septage only by expanding the definition to
144	144	include sludge or septage that meets more stringent pathogen
145	145	reduction requirements.
146	146	(k) The commission shall create and operate a tracking
147	147	system for the land application of Class B sludge or domestic
148	148	septage. The commission shall require a permit holder to report
149	149	deliveries and applications of Class B sludge or domestic septage
150	150	using the tracking system and shall post the reported information
151	151	on its website. The tracking system must allow a permit holder to
152	152	report electronically:
153	153	(1) the date of delivery of Class B sludge or domestic
154	154	septage to a land application unit; and
155	155	(2) for each application of Class B sludge or domestic
156	156	septage to a land application unit:
157	157	(A) the date of the application; and
158	158	(B) the source, quality, and quantity of the
159	159	sludge or septage applied.
160	160	(l) A permit holder may not accept Class B sludge or
161	161	domestic septage unless the sludge or septage has been transported
162	162	to the land application unit in a covered container with the
163	163	covering firmly secured at the front and back.
164	164	SECTION 3. This Act takes effect immediately if it receives
165	165	a vote of two-thirds of all the members elected to each house, as
166	166	provided by Section 39, Article III, Texas Constitution. If this
167	167	Act does not receive the vote necessary for immediate effect, this
168	168	Act takes effect September 1, 2017.