By: Telford H.B. No. 1402
73R5147 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disposal of certain industrial solid waste in
1-3 certain locations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 361, Health and Safety
1-6 Code, is amended by adding Section 361.0901 to read as follows:
1-7 Sec. 361.0901. PROHIBITION ON CERTAIN INDUSTRIAL SOLID WASTE
1-8 DISPOSAL IN 100-YEAR FLOODPLAIN OR NEAR DRINKING WATER SUPPLY. (a)
1-9 The commission by rule shall prohibit the disposal of industrial
1-10 solid waste in or on a disposal site described by
1-11 Section 361.090(a) if any part of the disposal site is to be
1-12 located:
1-13 (1) in the 100-year floodplain existing before
1-14 disposal site development; or
1-15 (2) less than one-half mile from a surface water body
1-16 used for a public drinking water supply, from an open watercourse
1-17 that feeds that body, or from a source of groundwater used for
1-18 drinking water.
1-19 (b) The commission by rule shall require the owner or
1-20 operator of the plant or operation from which the waste results or
1-21 is produced to provide sufficient information to assure that the
1-22 disposal site is not subject to inundation of a 100-year flood
1-23 event.
1-24 SECTION 2. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended,
2-5 and that this Act take effect and be in force from and after its
2-6 passage, and it is so enacted.