| 5 | 3 | | |
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| 6 | 4 | | |
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| 7 | 5 | | A BILL TO BE ENTITLED |
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| 8 | 6 | | AN ACT |
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| 9 | 7 | | relating to a study on the effectiveness of regulations governing |
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| 10 | 8 | | the design and construction of certain Type I municipal solid waste |
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| 11 | 9 | | landfills overlying aquifers. |
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| 12 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 11 | | SECTION 1. (a) In this Act: |
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| 14 | 12 | | (1) "Commission" means the Texas Commission on |
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| 15 | 13 | | Environmental Quality. |
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| 16 | 14 | | (2) "Landfill" means a Type I municipal solid waste |
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| 17 | 15 | | landfill: |
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| 18 | 16 | | (A) the entirety of which was designed and |
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| 19 | 17 | | constructed in accordance with regulatory standards effective on or |
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| 20 | 18 | | after October 9, 1993; and |
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| 21 | 19 | | (B) that is not adjacent to a landfill that was |
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| 22 | 20 | | designed and constructed in accordance with regulatory standards |
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| 23 | 21 | | effective before October 9, 1993. |
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| 24 | 22 | | (b) The commission shall conduct a study to determine the |
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| 25 | 23 | | effectiveness of the regulations governing the design and |
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| 26 | 24 | | construction of landfills located over aquifers in this state. The |
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| 27 | 25 | | study must: |
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| 28 | 26 | | (1) determine whether landfills located over aquifers |
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| 29 | 27 | | are leaking; |
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| 30 | 28 | | (2) based on a review of groundwater monitoring data |
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| 31 | 29 | | collected and reported by statewide landfill operators and any |
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| 32 | 30 | | other relevant information, determine if any leakage from landfills |
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| 33 | 31 | | built over aquifers has seeped into or contaminated the groundwater |
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| 34 | 32 | | underlying the landfills; |
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| 35 | 33 | | (3) include any recommendations necessary for |
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| 36 | 34 | | improving the effectiveness of the regulations governing the design |
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| 37 | 35 | | and construction of landfills located over aquifers, including |
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| 38 | 36 | | recommendations to: |
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| 39 | 37 | | (A) prevent or reduce leakage from landfills |
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| 40 | 38 | | overlying aquifers; and |
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| 41 | 39 | | (B) protect aquifers underlying the landfills; |
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| 42 | 40 | | and |
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| 43 | 41 | | (4) be submitted for independent peer review. |
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| 44 | 42 | | (c) The commission may work with other state agencies, |
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| 45 | 43 | | institutions of higher education, nonprofit organizations, private |
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| 46 | 44 | | organizations, or business entities to conduct the study. |
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| 47 | 45 | | (d) Not later than January 1, 2017, the commission shall |
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| 48 | 46 | | submit a report on the results and recommendations of the study to |
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| 49 | 47 | | the governor, the lieutenant governor, the speaker of the house of |
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| 50 | 48 | | representatives, and the presiding officer of each standing |
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| 51 | 49 | | committee of the legislature with jurisdiction over environmental |
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| 52 | 50 | | matters. |
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| 53 | 51 | | (e) Applications and permits for Type I municipal solid |
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| 54 | 52 | | waste landfills may not be postponed or delayed pending the results |
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| 55 | 53 | | of the study. |
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| 56 | 54 | | SECTION 2. This Act expires August 31, 2017. |
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| 57 | 55 | | SECTION 3. This Act takes effect immediately if it receives |
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| 58 | 56 | | a vote of two-thirds of all the members elected to each house, as |
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| 59 | 57 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 60 | 58 | | Act does not receive the vote necessary for immediate effect, this |
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| 61 | 59 | | Act takes effect September 1, 2015. |
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