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