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Senate Bill 1037 |
Senate Author: Duncan et al. |
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Effective: 9-1-07 |
House Sponsor: Darby |
Under state law, the Railroad Commission of Texas regulates saltwater disposal pits that are used to store or evaporate oil field brines, geothermal resource water, or other mineralized water. Senate Bill 1037 addresses evaporation pits that are not regulated by the commission and that are operated for the commercial production of brine, water, minerals, salts, or other substances that naturally occur in groundwater. The bill amends the Water Code to require the owner or operator of such an evaporation pit to ensure that it has a liner that is designed by a licensed engineer to minimize surface water and groundwater pollution risks and that meets standards at least as stringent as those adopted by the Texas Commission on Environmental Quality (TCEQ) for Type 1 landfills to manage Class I industrial solid waste. It includes requirements and prohibitions relating to storm-water runoff, pit location, discharge control, and pollution prevention and requires the owner or operator to provide the TCEQ with proof of financial assurance adequate to ensure satisfactory closure of the pit. The owner or operator also must supply the TCEQ with proof of third-party pollution liability insurance that meets specified criteria and is in an amount of at least $3 million. The bill authorizes the TCEQ to impose fees against evaporation pit owners to recover the agency's costs of administering the new law.