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

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

FULL TEXT:
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 Bsludge" 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 Cregional 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 Bsludge, 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 Bsludge 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 Bsludge 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 Bsludge in accordance with the terms of the registration or permit. SECTION 5. This Act takes effect September 1, 2015.