1-1 By: Lucio S.B. No. 1435
1-2 (In the Senate - Filed April 27, 1993; April 28, 1993, read
1-3 first time and referred to Committee on Natural Resources;
1-4 May 10, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; May 10, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Sims x
1-10 Truan x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Brown x
1-15 Carriker x
1-16 Lucio x
1-17 Montford x
1-18 Ratliff x
1-19 Shelley x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 1435 By: Lucio
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the location of certain solid waste disposal
1-24 facilities.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Subchapter C, Chapter 361, Health and Safety
1-27 Code, is amended by adding Section 361.0981 to read as follows:
1-28 Sec. 361.0981. PROHIBITION ON PERMIT FOR TYPE I LANDFILL
1-29 NEAR DRINKING WATER SUPPLY. (a) The commission by rule shall
1-30 prohibit the issuance of a permit for a new Type I solid waste
1-31 landfill or the expansion of such an existing landfill if any part
1-32 of the landfill is to be located within three-quarters of a mile of
1-33 a surface water body used for public drinking water supply or of
1-34 certain open watercourses that drain into such a water body.
1-35 (b) The commission shall use the following criteria in
1-36 determining where Type I solid waste landfills shall not be sited
1-37 in order to protect drinking water supplies:
1-38 (1) where reservoirs, lakes, and other impoundments
1-39 are used for drinking water supplies, the three-quarters of a mile
1-40 siting prohibition, as measured from the perimeter of the water
1-41 body shall be used; and
1-42 (2) where a watercourse including but not limited to a
1-43 river, stream, creek, or channel contains running water for at
1-44 least 90 days per year during years of average precipitation, the
1-45 prohibition shall extend for five miles upstream from a point where
1-46 a surface water body used for public drinking water supply is
1-47 located, and the three-quarters of a mile prohibition shall then
1-48 apply.
1-49 SECTION 2. Where a Type I solid waste landfill exists which
1-50 would be prohibited pursuant to Section 361.0981, Health and Safety
1-51 Code, as added by this Act, and which has received a solid waste
1-52 permit but in which solid waste has not been disposed of by
1-53 September 1, 1993, the provisions of Section 361.0981, Health and
1-54 Safety Code, shall apply, and such landfill shall not be allowed to
1-55 operate until such landfill is in compliance.
1-56 SECTION 3. This Act applies to all applications for a permit
1-57 for a solid waste landfill both pending and future, and all
1-58 permitted sections of such landfills where construction has not
1-59 commenced on or before the effective date of this Act.
1-60 SECTION 4. The importance of this legislation and the
1-61 crowded condition of the calendars in both houses create an
1-62 emergency and an imperative public necessity that the
1-63 constitutional rule requiring bills to be read on three several
1-64 days in each house be suspended, and this rule is hereby suspended,
1-65 and that this Act take effect and be in force from and after its
1-66 passage, and it is so enacted.
1-67 * * * * *
1-68 Austin,
2-1 Texas
2-2 May 10, 1993
2-3 Hon. Bob Bullock
2-4 President of the Senate
2-5 Sir:
2-6 We, your Committee on Natural Resources to which was referred S.B.
2-7 No. 1435, have had the same under consideration, and I am
2-8 instructed to report it back to the Senate with the recommendation
2-9 that it do not pass, but that the Committee Substitute adopted in
2-10 lieu thereof do pass and be printed.
2-11 Sims,
2-12 Chairman
2-13 * * * * *
2-14 WITNESSES
2-15 FOR AGAINST ON
2-16 ___________________________________________________________________
2-17 Name: Jimmie E. Stedinger x
2-18 Representing: Self
2-19 City: Donna
2-20 -------------------------------------------------------------------
2-21 Name: Marlene O. Vos x
2-22 Representing: Citizens Against Landfill Loc
2-23 City: Weslaco
2-24 -------------------------------------------------------------------
2-25 Name: Lupe De Leon x
2-26 Representing: C.A.L.L.
2-27 City: Donna
2-28 -------------------------------------------------------------------
2-29 Name: Modesta Guajardo x
2-30 Representing: C.A.L.L.
2-31 City: Donna
2-32 -------------------------------------------------------------------
2-33 Name: Roger Boren x
2-34 Representing: Self
2-35 City: McAllen
2-36 -------------------------------------------------------------------
2-37 Name: Hilda Adame x
2-38 Representing: City of Donna
2-39 City: Donna
2-40 -------------------------------------------------------------------
2-41 Name: Stephen Murchie x
2-42 Representing: Tx Campaign For The Environme
2-43 City: Houston
2-44 -------------------------------------------------------------------
2-45 Name: Ken Kramer x
2-46 Representing: Sierra Club
2-47 City: Austin
2-48 -------------------------------------------------------------------
2-49 Name: Nub Donaldson x
2-50 Representing: B.F.I.
2-51 City: Austin
2-52 -------------------------------------------------------------------
2-53 Name: J. W. Dyer x
2-54 Representing: N. Alamo Water Supply
2-55 City:
2-56 -------------------------------------------------------------------
2-57 Name: Richard I. Baccus, Jr. x
2-58 Representing: Self
2-59 City: Ft. Worth
2-60 -------------------------------------------------------------------
2-61 FOR AGAINST ON
2-62 ___________________________________________________________________
2-63 Name: Jim Haley x
2-64 Representing: T.W.C.
2-65 City: Austin
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