Texas 2019 - 86th Regular

Texas Senate Bill SB987 Compare Versions

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

Old	New	Differences
1	1	2019S0214-1 02/14/19
2	2	By: Zaffirini S.B. No. 987
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to limitations on the location of solid waste facilities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 361.101, Health and Safety Code, is
10	10	amended to read as follows:
11	11	Sec. 361.101. RESTRICTION [PROHIBITION] ON PERMIT FOR
12	12	FACILITY ON RECHARGE ZONE OF CERTAIN AQUIFERS [SOLE SOURCE
13	13	AQUIFER]. (a) The commission by rule shall prohibit the issuance
14	14	of a permit for a new hazardous waste landfill, municipal solid
15	15	waste facility, land treatment facility, surface impoundment, or
16	16	waste pile, or areal expansion of such a facility, if the facility
17	17	is to be located on the recharge zone of:
18	18	(1) a sole source aquifer; or
19	19	(2) subject to Subsection (b), an aquifer that is
20	20	designated by the Texas Water Development Board as a major aquifer.
21	21	(b) The commission may issue a permit for a facility to be
22	22	located on the recharge zone of a major aquifer that is not a sole
23	23	source aquifer only if:
24	24	(1) the aquifer is separated from the base of the
25	25	containment structure by a minimum of 10 feet of material with a
26	26	hydraulic conductivity toward the aquifer not greater than 10-7
27	27	centimeters per second or a thicker interval of more permeable
28	28	material that provides equivalent or greater retardation to
29	29	pollutant migration;
30	30	(2) the facility will use double synthetic liners with
31	31	a leak detection system between the liners;
32	32	(3) in addition to other financial assurance
33	33	requirements, the commission conditions the issuance of the permit
34	34	on the applicant's execution of a bond in an amount sufficient to
35	35	ensure the operational, closure, and post-closure responsibilities
36	36	of the facility, but not less than $1 million;
37	37	(4) the permit application demonstrates:
38	38	(A) the need for the facility; and
39	39	(B) that no nearby alternative location outside
40	40	the recharge zone is available; and
41	41	(5) for a facility located in a groundwater
42	42	conservation district, the permit application contains:
43	43	(A) if available, information regarding the uses
44	44	of groundwater in the district and any historical data on record
45	45	with the district, including subsurface geological data; and
46	46	(B) proof of notice to the district that the
47	47	applicant intends to file the application.
48	48	(c) For a facility located in a groundwater conservation
49	49	district, the determination of whether the facility is located on
50	50	the recharge zone of a major aquifer is governed by the district's
51	51	delineation of the recharge zone.
52	52	SECTION 2. The changes in law made by this Act apply only to
53	53	an application for the issuance of a permit pending before the Texas
54	54	Commission on Environmental Quality on or after the effective date
55	55	of this Act. A permit issued before the effective date of this Act
56	56	is governed by the law in effect when the permit was issued, and the
57	57	former law is continued in effect for that purpose.
58	58	SECTION 3. This Act takes effect immediately if it receives
59	59	a vote of two-thirds of all the members elected to each house, as
60	60	provided by Section 39, Article III, Texas Constitution. If this
61	61	Act does not receive the vote necessary for immediate effect, this
62	62	Act takes effect September 1, 2019.