HBA-SEP H.B. 3242 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3242
By: Olivo
Environmental Regulation
4/9/2001
Introduced



BACKGROUND AND PURPOSE 

The application of sewage sludge on agricultural land is an economical
disposal option that provides the benefit of recycling the nutrients and
organic matter contained in sludge.  However, this practice raises some
concerns pertaining to human and animal health risks, water quality, odor,
property value impacts, and liability.  Requiring a person to obtain a
permit before applying Class B sludge on an area may provide clarity and
offer certainty to affected parties.  House Bill 3242 provides for this
permit.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to Texas Natural Resource Conservation
Commission in SECTION 1 (Section 361.119, Health and Safety Code) of this
bill. 

ANALYSIS

House Bill 3242 amends the Health and Safety Code to prohibit a person from
applying Class B sludge (sludge) on a land application unit without a
permit issued by the Texas Natural Resource Conservation Commission
(TNRCC).  TNRCC is required to provide for notice and the opportunity for a
public hearing on application or renewal for such a permit.  In each
permit, TNRCC is required to prescribe the conditions under which it is
issued, including the maximum quantity of sludge that may be applied or
disposed of and monitoring and reporting requirements.  A permit does not
become a vested right in the permit holder and is authorized to be issued
for a term set by the board not to exceed six years from the date of
issuance. TNRCC is required to charge a fee for the issuance of a permit in
an amount not less than $1,000 but not more than $5,000.  In determining
the fee, TNRCC is required to consider the amount of sludge to be applied.
TNRCC is required by rule to require an applicant for a permit to submit
certain information with the application, including the source, quality,
and quantity of sludge to be applied.  The bill authorizes TNRCC to expand
the definition of Class B sludge only to include sludge that meets more
stringent pathogen reduction requirements.   

EFFECTIVE DATE

September 1, 2001.