Bill Text: TX HB2248 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Relating to the land application of sewage sludge in certain counties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-05-05 - Left pending in committee [HB2248 Detail]

Download: Texas-2015-HB2248-Introduced.html
  84R6641 JRR-D
 
  By: Wray H.B. No. 2248
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the land application of sewage sludge in certain
  counties.
         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); 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.  PROHIBITION ON LAND APPLICATION OF SLUDGE IN
  CERTAIN COUNTIES. (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.
               (4)  "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.
         (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, a person may not apply
  sewage sludge, including Class A sludge, Class AB sludge, or Class B
  sludge, on a land application unit located in a county described by
  Subsection (b).
         SECTION 3.  Not later than January 1, 2016, 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, 2015.
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