| 1 | 1 | | 81R6923 JAM-D |
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| 2 | 2 | | By: Ellis S.B. No. 2215 |
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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 regulation of the storage of coal ash. |
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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. Subchapter D, Chapter 26, Water Code, is amended |
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| 10 | 10 | | by adding Section 26.133 to read as follows: |
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| 11 | 11 | | Sec. 26.133. COAL ASH RETENTION FACILITIES. (a) In this |
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| 12 | 12 | | section, "coal ash retention facility" means a surface impoundment, |
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| 13 | 13 | | pit, pond, or lagoon containing fly ash and bottom ash resulting |
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| 14 | 14 | | from coal combustion. |
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| 15 | 15 | | (b) The owner or operator of a coal ash retention facility |
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| 16 | 16 | | shall ensure that the facility has a liner designed by an engineer |
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| 17 | 17 | | who holds a license issued under Chapter 1001, Occupations Code, to |
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| 18 | 18 | | minimize surface water and groundwater pollution risks. The liner |
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| 19 | 19 | | must meet standards at least as stringent as those adopted by the |
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| 20 | 20 | | commission for a Type I landfill managing Class I industrial solid |
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| 21 | 21 | | waste. |
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| 22 | 22 | | (c) The commission shall develop and implement groundwater |
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| 23 | 23 | | monitoring requirements for coal ash retention facilities. |
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| 24 | 24 | | (d) The commission shall adopt rules as necessary to |
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| 25 | 25 | | administer and enforce this section. |
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| 26 | 26 | | SECTION 2. (a) Except as provided by Subsection (b) of this |
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| 27 | 27 | | section, this Act takes effect September 1, 2009. |
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| 28 | 28 | | (b) Section 26.133(b), Water Code, as added by this Act, |
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| 29 | 29 | | takes effect September 1, 2010. |
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