By Zbranek H.B. No. 252
74R2203 MI-D
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. Sections 27.051(f) and (g), Water Code, are
2-19 amended to read as follows:
2-20 (f) <In the issuance of a permit for a hazardous waste
2-21 injection well into a salt dome, the commission shall consider the
2-22 location of any geologic fault in the salt dome in the immediate
2-23 proximity of the injection well bore, the presence of an
2-24 underground water aquifer, and the presence of sulfur mines or oil
2-25 and gas wells in the area.>
2-26 <(g)(1)> The commission may not issue a permit for a
2-27 hazardous waste injection well in a natural or artificial
3-1 solution-mined salt dome cavern or a sulphur mine <unless the
3-2 United States Environmental Protection Agency and the commission
3-3 determine that sufficient rules are in place to regulate that
3-4 activity.>
3-5 <(2) Before issuing a permit for a hazardous waste
3-6 injection well in a solution-mined salt dome cavern, the commission
3-7 by order must find that there is an urgent public necessity for the
3-8 hazardous waste injection well. The commission, in determining
3-9 whether an urgent public necessity exists for the permitting of the
3-10 hazardous waste injection well in a solution-mined salt dome
3-11 cavern, must find that:>
3-12 <(A) the injection well will be designed,
3-13 constructed, and operated in a manner that provides at least the
3-14 same degree of safety as required of other currently operating
3-15 hazardous waste disposal technologies;>
3-16 <(B) consistent with the need and desire to
3-17 manage within the state hazardous wastes generated in the state,
3-18 there is a substantial or obvious public need for additional
3-19 hazardous waste disposal capacity and the hazardous waste injection
3-20 well will contribute additional capacity toward servicing that
3-21 need;>
3-22 <(C) the injection well will be constructed and
3-23 operated in a manner so as to safeguard public health and welfare
3-24 and protect physical property and the environment;>
3-25 <(D) the applicant has demonstrated that
3-26 groundwater and surface waters, including public water supplies,
3-27 will be protected from the release of hazardous waste from the
4-1 salt-dome waste containment cavern; and>
4-2 <(E) any other criteria required by the
4-3 commission to satisfy that the test of urgency has been met>.
4-4 SECTION 3. The change in law made by this Act applies only
4-5 to a permit for a hazardous waste injection well in a
4-6 solution-mined salt dome cavern or in a sulphur mine that is:
4-7 (1) pending before the Texas Natural Resource
4-8 Conservation Commission on the effective date of this Act; or
4-9 (2) submitted to the Texas Natural Resource
4-10 Conservation Commission on or after the effective date of this Act.
4-11 SECTION 4. The Texas Natural Resource Conservation
4-12 Commission shall adopt the rules required by Section 361.114,
4-13 Health and Safety Code, as amended by this Act, not later than the
4-14 60th day after the effective date of this Act. Pending the
4-15 adoption of those rules, the commission may not issue a permit to
4-16 store, process, or dispose of hazardous waste in a solution-mined
4-17 salt dome cavern or in a sulphur mine under Chapter 361, Health and
4-18 Safety Code.
4-19 SECTION 5. The importance of this legislation and the
4-20 crowded condition of the calendars in both houses create an
4-21 emergency and an imperative public necessity that the
4-22 constitutional rule requiring bills to be read on three several
4-23 days in each house be suspended, and this rule is hereby suspended,
4-24 and that this Act take effect and be in force from and after its
4-25 passage, and it is so enacted.