85R10052 JTS-D
By: Birdwell S.B. No. 1724
A BILL TO BE ENTITLED
AN ACT
relating to a permit requirement for the land application of
domestic septage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 361.121, Health and
Safety Code, is amended to read as follows:
Sec. 361.121. LAND APPLICATION OF CERTAIN SLUDGE OR
DOMESTIC SEPTAGE; PERMIT REQUIRED.
SECTION 2. Sections 361.121(a), (b), (c), (d), (g), (h),
(i), (k), and (l), Health and Safety Code, are amended to read as
follows:
(a) In this section:
(1) "Class B sludge" is sewage sludge that meets one of
the pathogen reduction requirements of 30 T.A.C. 312.82(b).
(1-a) "Domestic septage" means liquid or solid material
removed from a septic tank, cesspool, portable toilet, marine
sanitation device, or similar treatment works that receives only
domestic sewage. The term does not include:
(A) liquid or solid material removed from a
septic tank, cesspool, or similar treatment works that receives
either commercial wastewater or industrial wastewater; or
(B) grease removed from a grease trap.
(2) "Land application unit" means an area where wastes
are applied onto or incorporated into the soil surface for
agricultural purposes or for treatment and disposal. The term does
not include manure spreading operations.
(3) "Responsible person" means the person with
ultimate responsibility for the land application of the Class B
sludge or domestic septage at a land application unit. The
responsible person is:
(A) the owner of the land application unit if the
sludge or septage being land applied was generated outside this
state; or
(B) the person who is land applying the sludge or
septage if the sludge or septage being land applied was generated in
this state.
(b) Except as provided by Subsection (m), a responsible
person may not apply Class B sludge or domestic septage on a land
application unit unless the responsible person has obtained a
permit for that land application unit issued by the commission
under this section [on or after September 1, 2003].
(c) The notice and hearing provisions of Subchapter M,
Chapter 5, Water Code, [as added by Chapter 1350, Acts of the 76th
Legislature, Regular Session, 1999,] apply to an application under
this section for a permit, a permit amendment, or a permit renewal.
In addition, at the time published notice of intent to obtain a
permit is required under Section 5.552, Water Code, an applicant
for a permit, permit amendment, or permit renewal under this
section must notify by registered or certified mail each owner of
land located within one-quarter mile of the proposed land
application unit who lives on that land of the intent to obtain the
permit, amendment, or renewal. Notice to landowners must include
the information required by Section 5.552(c), Water Code, and
information regarding the anticipated date of the first application
of the sludge or domestic septage to the proposed land application
unit. An owner of land located within one-quarter mile of the
proposed land application unit who lives on that land is an affected
person for purposes of Section 5.115, Water Code.
(d) In each permit, the commission shall prescribe the
conditions under which it is issued, including:
(1) the duration of the permit;
(2) the location of the land application unit;
(3) the maximum quantity of Class B sludge or domestic
septage that may be applied or disposed of under the permit;
(4) a requirement that the permit holder submit
quarterly to the commission a computer-generated report that
includes, at a minimum, information regarding:
(A) the source, quality, and quantity of sludge
or septage applied to the land application unit;
(B) the location of the land application unit,
either in terms of longitude and latitude or by physical address,
including the county;
(C) the date of delivery of Class B sludge or
septage;
(D) the date of application of Class B sludge or
septage;
(E) the cumulative amount of metals applied to
the land application unit through the application of Class B sludge
or septage;
(F) crops grown at the land application unit
site; and
(G) the suggested agronomic application rate for
the Class B sludge or septage;
(5) a requirement that the permit holder submit
annually to the commission evidence that the permit holder is
complying with the nutrient management plan and the practice
standards described by Subsection (h)(4);
(6) a requirement that the permit holder post a sign
that is visible from a road or sidewalk that is adjacent to the
premises on which the land application unit is located stating that
a beneficial application site is located on the premises;
(7) any other monitoring and reporting requirements
prescribed by the commission for the permit holder; and
(8) a requirement that the permit holder must report
to the commission any noncompliance by the permit holder with the
permit conditions or applicable commission rules.
(g) The commission shall charge a fee for the issuance of a
permit under this section in an amount not less than $1,000 and not
more than $5,000. In determining the fee under this subsection, the
commission shall consider the amount of sludge or domestic septage
to be applied under the permit.
(h) The commission by rule shall require an applicant for a
permit under this section to submit with the application, at a
minimum:
(1) information regarding:
(A) the applicant;
(B) the source, quality, and quantity of sludge
or domestic septage to be applied; and
(C) the hydrologic characteristics of the
surface water and groundwater at and within one-quarter of a mile of
the land application unit;
(2) proof evidencing that the applicant has a
commercial liability insurance policy that:
(A) is issued by an insurance company authorized
to do business in this state that has a rating by the A. M. Best
Company of A- or better;
(B) designates the commission as an additional
insured; and
(C) is in an amount of not less than $3 million;
(3) proof evidencing that the applicant has an
environmental impairment insurance policy or similar insurance
policy that:
(A) is issued by an insurance company authorized
to do business in this state that has a rating by the A. M. Best
Company of A- or better;
(B) designates the commission as an additional
insured; and
(C) is in an amount of not less than $3 million;
and
(4) proof that the applicant has minimized the risk of
water quality impairment caused by nitrogen applied to the land
application unit through the application of Class B sludge or
domestic septage by having had a nutrient management plan prepared
by a certified nutrient management specialist in accordance with
the practice standards of the Natural Resources Conservation
Service of the United States Department of Agriculture.
(i) The commission may expand the definition of Class B
sludge or domestic septage only by expanding the definition to
include sludge or septage that meets more stringent pathogen
reduction requirements.
(k) The commission shall create and operate a tracking
system for the land application of Class B sludge or domestic
septage. The commission shall require a permit holder to report
deliveries and applications of Class B sludge or domestic septage
using the tracking system and shall post the reported information
on its website. The tracking system must allow a permit holder to
report electronically:
(1) the date of delivery of Class B sludge or domestic
septage to a land application unit; and
(2) for each application of Class B sludge or domestic
septage to a land application unit:
(A) the date of the application; and
(B) the source, quality, and quantity of the
sludge or septage applied.
(l) A permit holder may not accept Class B sludge or
domestic septage unless the sludge or septage has been transported
to the land application unit in a covered container with the
covering firmly secured at the front and back.
SECTION 3. 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, 2017.