By: Zbranek H.B. No. 632
73R2647 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prohibition on issuing a permit for the storage,
1-3 processing, or disposal of hazardous waste in a salt dome or
1-4 sulphur mine.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 361.114, Health and Safety Code, is
1-7 amended to read as follows:
1-8 Sec. 361.114. PROHIBITION ON <GRANT OF> PERMIT FOR DISPOSAL
1-9 OF HAZARDOUS WASTE IN <INTO> SALT DOMES OR SULPHUR MINES. The
1-10 commission by rule shall prohibit the issuance of a permit to
1-11 store, process, or dispose of hazardous waste <(a) The commission
1-12 may not issue a permit for a hazardous waste injection well> in a
1-13 solution-mined salt dome cavern or a sulphur mine <unless the
1-14 United States Environmental Protection Agency and the commission
1-15 determine that sufficient rules are in place to regulate that
1-16 activity.>
1-17 <(b) Before issuing a permit for a hazardous waste injection
1-18 well in a solution-mined salt dome cavern, the commission by order
1-19 must find that there is an urgent public necessity for the
1-20 hazardous waste injection well. The commission, in determining
1-21 whether an urgent public necessity exists for the permitting of the
1-22 hazardous waste injection well in a solution-mined salt dome
1-23 cavern, must find that:>
1-24 <(1) the injection well will be designed, constructed,
2-1 and operated in a manner that provides at least the same degree of
2-2 safety as required of other currently operating hazardous waste
2-3 disposal technologies;>
2-4 <(2) consistent with the need and desire to manage
2-5 within the state hazardous wastes generated in the state, there is
2-6 a substantial or obvious public need for additional hazardous waste
2-7 disposal capacity and the hazardous waste injection well will
2-8 contribute additional capacity toward servicing that need;>
2-9 <(3) the injection well will be constructed and
2-10 operated in a manner so as to safeguard public health and welfare
2-11 and protect physical property and the environment;>
2-12 <(4) the applicant has demonstrated that groundwater
2-13 and surface waters, including public water supplies, will be
2-14 protected from the release of hazardous waste from the salt-dome
2-15 waste containment cavern; and>
2-16 <(5) any other criteria required by the commission to
2-17 satisfy that the test of urgency has been met>.
2-18 SECTION 2. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended,
2-23 and that this Act take effect and be in force from and after its
2-24 passage, and it is so enacted.