By:  Lucio                                            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.
   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.