| 1 | 1 | | 81R5118 JTS-D |
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| 2 | 2 | | By: Rodriguez H.B. No. 1450 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the disposal and reuse of coal combustion waste. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 361.090(b), Health and Safety Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (b) This section does not apply to: |
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| 12 | 12 | | (1) waste collected, handled, stored, processed, or |
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| 13 | 13 | | disposed of with solid waste from any other source or sources; [or] |
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| 14 | 14 | | (2) hazardous waste; or |
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| 15 | 15 | | (3) coal combustion waste, as that term is defined by |
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| 16 | 16 | | Section 361.0236, generated from an electric generating plant that |
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| 17 | 17 | | receives a preconstruction permit on or after September 1, 2009. |
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| 18 | 18 | | SECTION 2. Subchapter B, Chapter 361, Health and Safety |
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| 19 | 19 | | Code, is amended by adding Section 361.0236 to read as follows: |
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| 20 | 20 | | Sec. 361.0236. DISPOSAL AND REUSE OF COAL COMBUSTION WASTE. |
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| 21 | 21 | | (a) In this section, "coal combustion waste" means the waste |
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| 22 | 22 | | produced from the burning of coal, including ash, slag, and |
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| 23 | 23 | | particulates removed from flue gas. |
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| 24 | 24 | | (b) The commission shall assess the status and stability of |
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| 25 | 25 | | each site in this state at which coal combustion waste is disposed |
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| 26 | 26 | | of or reused, regardless of whether the site is regulated by the |
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| 27 | 27 | | commission, and publish a cumulative report on its findings every |
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| 28 | 28 | | five years. The report must include information regarding: |
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| 29 | 29 | | (1) the volume of coal combustion waste at each type of |
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| 30 | 30 | | disposal or reuse site; and |
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| 31 | 31 | | (2) toxic constituents in the waste. |
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| 32 | 32 | | (c) Coal combustion waste produced from an electric |
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| 33 | 33 | | generating facility that receives a preconstruction permit on or |
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| 34 | 34 | | after September 1, 2009: |
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| 35 | 35 | | (1) is considered Class I industrial solid waste for |
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| 36 | 36 | | purposes of disposal of the waste; and |
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| 37 | 37 | | (2) may not be reused as mine backfill under Chapter |
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| 38 | 38 | | 134, Natural Resources Code. |
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| 39 | 39 | | SECTION 3. Section 134.030, Natural Resources Code, is |
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| 40 | 40 | | amended to read as follows: |
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| 41 | 41 | | Sec. 134.030. RULES REGARDING MONITORING, REPORTING, AND |
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| 42 | 42 | | INSPECTIONS. (a) The commission shall adopt rules for: |
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| 43 | 43 | | (1) informing an operator of a violation detected by |
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| 44 | 44 | | an inspector; and |
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| 45 | 45 | | (2) making public all inspection and monitoring |
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| 46 | 46 | | reports and other records and reports required to be kept under this |
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| 47 | 47 | | chapter and rules adopted under this chapter and not confidential |
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| 48 | 48 | | under Section 134.031. |
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| 49 | 49 | | (b) Information related to groundwater and soil monitoring |
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| 50 | 50 | | of sites containing coal combustion waste, as that term is defined |
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| 51 | 51 | | by Section 361.0236, Health and Safety Code, is not confidential |
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| 52 | 52 | | and must be made public under this section. |
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| 53 | 53 | | SECTION 4. Not later than September 1, 2014, the Texas |
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| 54 | 54 | | Commission on Environmental Quality shall publish the first of the |
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| 55 | 55 | | cumulative reports required by Section 361.0236(b), Health and |
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| 56 | 56 | | Safety Code, as added by this Act. |
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| 57 | 57 | | SECTION 5. This Act takes effect September 1, 2009. |
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