By: Lucio, Truan S.B. No. 1435 A BILL TO BE ENTITLED AN ACT 1-1 relating to the location of certain solid waste disposal 1-2 facilities. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter C, Chapter 361, Health and Safety 1-5 Code, is amended by adding Section 361.0981 to read as follows: 1-6 Sec. 361.0981. PROHIBITION ON PERMIT FOR TYPE I LANDFILL 1-7 NEAR DRINKING WATER SUPPLY. (a) The commission by rule shall 1-8 prohibit the issuance of a permit for a new Type I solid waste 1-9 landfill or the expansion of such an existing landfill if any part 1-10 of the landfill is to be located within three-quarters of a mile of 1-11 a surface water body used for public drinking water supply or of 1-12 certain open watercourses that drain into such a water body. 1-13 (b) The commission shall use the following criteria in 1-14 determining where Type I solid waste landfills shall not be sited 1-15 in order to protect drinking water supplies: 1-16 (1) where reservoirs, lakes, and other impoundments 1-17 are used for drinking water supplies, the three-quarters of a mile 1-18 siting prohibition, as measured from the perimeter of the water 1-19 body, shall be used; and 1-20 (2) where a watercourse including but not limited to a 1-21 river, stream, creek, or channel contains running water for at 1-22 least 90 days per year during years of average precipitation, the 1-23 prohibition shall extend for five miles upstream from a point where 2-1 a surface water body used for public drinking water supply is 2-2 located, and the three-quarters of a mile prohibition shall then 2-3 apply. 2-4 SECTION 2. Where a Type I solid waste landfill exists which 2-5 would be prohibited pursuant to Section 361.0981, Health and Safety 2-6 Code, as added by this Act, and which has received a solid waste 2-7 permit but in which solid waste has not been disposed of by 2-8 September 1, 1993, the provisions of Section 361.0981, Health and 2-9 Safety Code, shall apply, and such landfill shall not be allowed to 2-10 operate until such landfill is in compliance. 2-11 SECTION 3. This Act applies to all applications for a permit 2-12 for a solid waste landfill both pending and future, and all 2-13 permitted sections of such landfills where construction has not 2-14 commenced on or before the effective date of this Act. 2-15 SECTION 4. The importance of this legislation and the 2-16 crowded condition of the calendars in both houses create an 2-17 emergency and an imperative public necessity that the 2-18 constitutional rule requiring bills to be read on three several 2-19 days in each house be suspended, and this rule is hereby suspended, 2-20 and that this Act take effect and be in force from and after its 2-21 passage, and it is so enacted.