Oliverson Bill Bans Sewage Sludge On Texas Farm And Ranch Land

The text as introduced · 713 words

90R1492 CMO-D

By: Oliverson
H.B. No. 266

A BILL TO BE ENTITLED

AN ACT

relating to a prohibition of the application of biosolids to

certain land.

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 TO NON-AGRICULTURAL LAND

OF CERTAIN SLUDGE; PERMIT REQUIRED.

SECTION 2. Section 361.121(a)(2), Health and Safety Code,

is amended to read as follows:

(2) "Land application unit" means an area where wastes

are applied onto or incorporated into the soil surface for

non-agricultural [ agricultural ] purposes , including [ or for ]

treatment and disposal or maintaining public parks, golf courses,

and athletic fields . The term does not include manure spreading

operations.

SECTION 3. Section 361.121(d), Health and Safety Code, is

amended to read as follows:

(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 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

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;

(D) the date of application of Class B sludge;

and

(E) the cumulative amount of metals applied to

the land application unit through the application of Class B

sludge;

[ (F) crops grown at the land application unit

site; and

[ (G) the suggested agronomic application rate

for the Class B sludge; ]

(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.

SECTION 4. Subchapter C, Chapter 361, Health and Safety

Code, is amended by adding Section 361.1211 to read as follows:

Sec. 361.1211. PROHIBITION ON APPLICATION TO AGRICULTURAL

LAND OF BIOSOLIDS. (a) In this section:

(1) "Agricultural land" means land that is used for:

(A) the production of plants or food grown for

human or animal consumption;

(B) animal grazing; or

(C) raising livestock.

(2) "Biosolids" means any solid, semi-solid, or liquid

material generated from the treatment of sewage sludge, including

Class A biosolids, Class AB biosolids, and Class B sludge.

(3) "Class A biosolids" means biosolids that meet the

metal limits established in 30 T.A.C. 312.43(b)(1) and (3) and the

pathogen reduction requirements of 30 T.A.C. 312.82(a)(1)(B).

(4) "Class AB biosolids" means biosolids that meet the

metal limits established in 30 T.A.C. 312.43(b)(1) and (3) and the

pathogen reduction requirements of 30 T.A.C. 312.82(a)(1)(A).

(5) "Class B sludge" means sewage sludge that meets

one of the pathogen reduction requirements of 30 T.A.C. 312.82(b).

(b) A person may not apply biosolids onto agricultural land

or incorporate biosolids into the soil of agricultural land.

SECTION 5. A permit, registration, or other authorization

issued by the Texas Commission on Environmental Quality that allows

the application to agricultural land of biosolids, as defined by

Section 361.1211, Health and Safety Code, as added by this Act,

expires on the effective date of this Act. The remainder of a

permit, registration, or other authorization that contains items in

addition to an authorization allowing the application to

agricultural land of biosolids remains in effect to the extent that

it does not authorize the application to agricultural land of

biosolids.

SECTION 6. This Act takes effect September 1, 2027.