Texas 2009 - 81st Regular

Texas Senate Bill SB273 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1492 JAM-D
2	2	By: Nichols S.B. No. 273
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to testing requirements for certain commercial injection
8	8	wells.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 27.051(a), Water Code, is amended to
11	11	read as follows:
12	12	(a) The commission may grant an application in whole or part
13	13	and may issue the permit if it finds:
14	14	(1) that the use or installation of the injection well
15	15	is in the public interest;
16	16	(2) that no existing rights, including, but not
17	17	limited to, mineral rights, will be impaired;
18	18	(3) that, with proper safeguards, both ground and
19	19	surface fresh water can be adequately protected from pollution;
20	20	(4) that the applicant has made a satisfactory showing
21	21	of financial responsibility if required by Section 27.073 of this
22	22	code;
23	23	(5) that the applicant has provided for the proper
24	24	operation of the proposed hazardous waste injection well;
25	25	(6) that the applicant for a hazardous waste injection
26	26	well not located in an area of industrial land use has made a
27	27	reasonable effort to ensure that the burden, if any, imposed by the
28	28	proposed hazardous waste injection well on local law enforcement,
29	29	emergency medical or fire-fighting personnel, or public roadways,
30	30	will be reasonably minimized or mitigated; [and]
31	31	(7) that the applicant owns or has made a good faith
32	32	claim to, or has the consent of the owner to utilize, or has an
33	33	option to acquire, or has the authority to acquire through eminent
34	34	domain, the property or portions of the property where the
35	35	hazardous waste injection well will be constructed;
36	36	(8) that the applicant for an injection well that, for
37	37	a charge, will dispose of industrial or municipal waste will use
38	38	on-site monitoring wells to monitor and analyze groundwater quality
39	39	in accordance with rules adopted by the commission; and
40	40	(9) that the applicant for an injection well that, for
41	41	a charge, will dispose of industrial or municipal waste will
42	42	conduct shallow soil tests in accordance with rules adopted by the
43	43	commission.
44	44	SECTION 2. Subchapter D, Chapter 27, Water Code, is amended
45	45	by adding Section 27.057 to read as follows:
46	46	Sec. 27.057. REPORTING REQUIREMENTS. The holder of a
47	47	permit for an injection well requiring on-site monitoring wells and
48	48	soil testing under Sections 27.051(a)(8) and (9) shall submit to
49	49	the commission a report of groundwater and soil quality:
50	50	(1) on a regular schedule as required by commission
51	51	rules; and
52	52	(2) immediately when a change in quality is detected.
53	53	SECTION 3. As soon as practicable after the effective date
54	54	of this Act, the Texas Commission on Environmental Quality shall
55	55	adopt rules to implement Sections 27.051(a)(8) and (9) and Section
56	56	27.057, Water Code, as added by this Act.
57	57	SECTION 4. The changes in law made by this Act apply to
58	58	permit applications pending before the Texas Commission on
59	59	Environmental Quality on or after the effective date of this Act. A
60	60	permit issued before the effective date of this Act is governed by
61	61	the law in effect when the permit was issued, and the former law is
62	62	continued in effect for that purpose.
63	63	SECTION 5. This Act takes effect immediately if it receives
64	64	a vote of two-thirds of all the members elected to each house, as
65	65	provided by Section 39, Article III, Texas Constitution. If this
66	66	Act does not receive the vote necessary for immediate effect, this
67	67	Act takes effect September 1, 2009.