By:  Armbrister                                       S.B. No. 1464
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to permits for certain facilities regulated by the Texas
    1-2  Natural Resources Conservation Commission.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 361.003, Health and Safety Code is
    1-5  amended by adding subsections 9, 14, 26, 28, 29, 30, 34, 37, and
    1-6  44, and renumbering subsections as required.
    1-7              (1)  "Apparent recharge zone" means that recharge zone
    1-8  designated on maps prepared or compiled by, and located in the
    1-9  officers of, the commission.
   1-10              (2)  "Board" means the Texas Natural Resource
   1-11  Conservation Commission.
   1-12              (3)  "Class I industrial solid waste" means an
   1-13  industrial solid waste or mixture of industrial solid waste,
   1-14  including hazardous industrial waste, that because of its
   1-15  concentration or physical or chemical characteristics:
   1-16                    (A)  is toxic, corrosive, flammable, a strong
   1-17  sensitizer or irritant, or a generator of sudden pressure by
   1-18  decomposition, heat, or other means; and
   1-19                    (B)  poses or may pose a substantial present or
   1-20  potential danger to human health or the environment if improperly
   1-21  processed, stored, transported, or otherwise managed.
   1-22              (4)  "Class I nonhazardous industrial solid waste"
   1-23  means any Class I industrial solid waste that has not been
    2-1  identified or listed as a hazardous waste by the administrator of
    2-2  the United States Environmental Protection Agency under the federal
    2-3  Solid Waste Disposal Act, as amended by the Resource Conservation
    2-4  and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.).
    2-5              (5)  "Commercial hazardous waste management facility"
    2-6  means any hazardous waste management facility that accepts
    2-7  hazardous waste or PCBs for a charge, except a captured facility or
    2-8  a facility that accepts waste only from other facilities owned or
    2-9  effectively controlled by the same person, where "captured
   2-10  facility" means a manufacturing or production facility that
   2-11  generates an industrial solid waste or hazardous waste that is
   2-12  routinely stored, processed, or disposed of on a shared basis in an
   2-13  integrated waste management unit owned, operated by, and located
   2-14  within a contiguous manufacturing complex.
   2-15              (6)  "Commission" means the Texas Natural Resource
   2-16  Conservation Commission.
   2-17              (7)  "Commissioner" means the executive director of the
   2-18  Texas Natural Resource Conservation Commission.
   2-19              (8)  "Composting" means the controlled biological
   2-20  decomposition of organic solid waste under aerobic conditions.
   2-21              (9)  "Continuous on-site, physical construction
   2-22  program" means excavation, movement of earth, erection of forms or
   2-23  structures, or similar activity on the same or geographically
   2-24  contiguous property which may be divided by public or private
   2-25  right(s)-of-way, provided the entrace and exit between the
    3-1  properties is at a cross-roads intersection, and access is by
    3-2  crossing as opposed to going along, the right(s)-of-way,
    3-3  noncontiguous properties owned by the same person but connect by a
    3-4  right-of-way which the person controls and to which the public does
    3-5  not have access.  A continuous on-site, physical construction
    3-6  program has commenced and continued if continuous on-site
    3-7  activities are conducted to prepare the existing "HWM" facility to
    3-8  accept hazardous waste.  Exclusions to the requirement of a
    3-9  continuous on-site, physical construction program are:
   3-10                    (A)  new statutory requirements or regulations.
   3-11  The standards or regulations on which the permit was based have
   3-12  changed by statute, through promulgation of new or amended
   3-13  standards or regulation, or by judicial decision after the permit
   3-14  was issued; or
   3-15                    (B)  Act of God, strike, flood or material
   3-16  shortage or other events over which the owner or operator has
   3-17  little or no control and which there is no reasonably available
   3-18  remedy; or
   3-19                    (C)  legal and/or religious holidays; or
   3-20                    (D)  physical construction activities during
   3-21  non-daylight hours or weekends; or
   3-22                    (E)  design alterations to comply with new
   3-23  statutory requirements or regulations.
   3-24              (10) <(9)>  "Department" means the Texas Natural
   3-25  Resource Conservation Commission.
    4-1              (11) <(10)>  "Disposal" means the discharging,
    4-2  depositing, injecting, dumping, spilling, leaking, or placing of
    4-3  solid waste or hazardous waste, whether containerized or
    4-4  uncontainerized, into or on land or water so that the solid waste
    4-5  or hazardous waste or any constituent thereof may be emitted into
    4-6  the air, discharged into surface water or groundwater, or
    4-7  introduced into the environment in any other manner.
    4-8              (12) <(11)>  "Environmental response law" means the
    4-9  federal Comprehensive Environmental Response, Compensation and
   4-10  Liability Act of 1980, 42 U.S.C.  Sections 9601 through 9675, as
   4-11  amended by the Superfund Amendments and Reauthorization Act of
   4-12  1986.
   4-13              (13) <(12)>  "Executive director" means the executive
   4-14  director of the commission.
   4-15              (14)  "Existing hazardous waste management (HWM)
   4-16  facility" or "existing facility" means a facility which was in
   4-17  operation or for which construction commenced on or before November
   4-18  19, 1980.  A facility has commenced construction if:
   4-19                    (A)  the owner or operator has obtained the
   4-20  Federal, State and local approvals or permits necessary to begin
   4-21  physical construction; and either
   4-22                          (i)  a continuous on-site, physical
   4-23  construction program has begun; or
   4-24                          (ii)  the owner or operator has entered
   4-25  into contractual obligations which cannot be canceled or modified
    5-1  without substantial loss for physical construction of the facility
    5-2  to be completed within a reasonable time.
    5-3              (15) <(13)>  "Garbage" means solid waste that is
    5-4  putrescible animal and vegetable waste materials from the handling,
    5-5  preparation, cooking, or consumption of food, including waste
    5-6  materials from markets, storage facilities, and the handling and
    5-7  sale of produce and other food products.
    5-8              (16) <(14)>  "Hazardous substance":
    5-9                    (A)  means:
   5-10                          (i)  a substance designated under Section
   5-11  311(b)(2)(A) of the Federal Water Pollution Control Act, as amended
   5-12  (33 U.S.C. Section 1321);
   5-13                          (ii)  an element, compound, mixture,
   5-14  solution, or substance designated under Section 102 of the
   5-15  environmental response law;
   5-16                          (iii)  a hazardous waste having the
   5-17  characteristics identified under or listed under Section 3001 of
   5-18  the federal Solid Waste Disposal Act, as amended (42 U.S.C. Section
   5-19  6921), excluding waste, the regulation of which under the federal
   5-20  Solid Waste Disposal Act (42 U.S.C. Section 6901 et seq.) has been
   5-21  suspended by Act of Congress;
   5-22                          (iv)  a toxic pollutant listed under
   5-23  Section 307(a) of the Federal Water Pollution Control Act (33
   5-24  U.S.C. Section 1317);
   5-25                          (v)  a hazardous air pollutant listed under
    6-1  Section 112 of the federal Clean Air Act, as amended (42 U.S.C.
    6-2  Section 7412); and
    6-3                          (vi)  any imminently hazardous chemical
    6-4  substance or mixture with respect to which the administrator of the
    6-5  Environmental Protection Agency has taken action under Section 7 of
    6-6  the Toxic Substances Control Act (15 U.S.C. Section 2606); but
    6-7                    (B)  does not include:
    6-8                          (i)  petroleum, which means crude oil or
    6-9  any fraction of crude oil that is not otherwise specifically listed
   6-10  or designated as a hazardous substance under Paragraphs (i) through
   6-11  (vi) of Subdivision (A);
   6-12                          (ii)  natural gas, natural gas liquids,
   6-13  liquefied natural gas, or synthetic gas usable for fuel mixtures of
   6-14  natural gas and synthetic gas; or
   6-15                          (iii)  waste materials that result from
   6-16  activities associated with the exploration development or
   6-17  production of oil or gas or geothermal resources or any other
   6-18  substance or material regulated by the Railroad Commission of Texas
   6-19  under Section 91.101, Natural Resources Code.
   6-20              (17) <(15)>  "Hazardous waste" means solid waste
   6-21  identified or listed as a hazardous waste by the administrator of
   6-22  the United States Environmental Protection Agency under the federal
   6-23  Solid Waste Disposal Act, as amended by the Resource Conservation
   6-24  and Recovery Act of 1976, as amended (42 U.S.C. Section 6901 et
   6-25  seq.).
    7-1              (18) <(16)>  "Hazardous waste management facility"
    7-2  means all contiguous land, including structures, appurtenances, and
    7-3  other improvements on the land, used for processing, storing, or
    7-4  disposing of hazardous waste.  The term includes a publicly or
    7-5  privately owned hazardous waste management facility consisting of
    7-6  processing, storage or disposal operational hazardous waste
    7-7  management units such as one or more landfills, surface
    7-8  impoundments, waste piles, incinerators, boilers, and industrial
    7-9  furnaces, including cement kilns, injection wells, salt dome waste
   7-10  containment caverns, land treatment facilities, or a combination of
   7-11  units.
   7-12              (19) <(17)>  "Hazardous waste management unit" means a
   7-13  landfill, surface impoundment, waste pile, industrial furnace,
   7-14  incinerator, cement kiln, injection well, container, drum, salt
   7-15  dome waste containment cavern, or land treatment unit, or any other
   7-16  structure, vessel, appurtenance, or other improvement on land used
   7-17  to manage hazardous waste.
   7-18              (20) <(18)>  "Industrial furnace" includes cement
   7-19  kilns, lime kilns, aggregate kilns, phosphate kilns, coke ovens,
   7-20  blast furnaces, smelting, melting, or refining furnaces including
   7-21  pyrometallurgical devices such as cupolas, reverberator furnaces,
   7-22  sintering machines, roasters or foundry furnaces, titanium dioxide
   7-23  chloride process oxidation reactors, methane reforming furnaces,
   7-24  pulping liquor recovery furnaces, combustion devices used in the
   7-25  recovery of sulfur values from spent sulfuric acid, and other
    8-1  devices the commission may list.
    8-2              (21) <(19)>  "Industrial solid waste" means solid waste
    8-3  resulting from or incidental to a process of industry or
    8-4  manufacturing, or mining or agricultural operations.
    8-5              (22) <(20)>  "Local government" means:
    8-6                    (A)  a county;
    8-7                    (B)  a municipality; or
    8-8                    (C)  a political subdivision exercising the
    8-9  authority granted under Section 361.165.
   8-10              (23) <(21)>  "Management" means the systematic control
   8-11  of the activities of generation, source separation, collection,
   8-12  handling, storage, transportation, processing, treatment, recovery,
   8-13  or disposal of solid waste.
   8-14              (24) <(22)>  "Motor vehicle" has the meaning assigned
   8-15  by Section 2(b), Uniform Act Regulating Traffic on Highways
   8-16  (Article 6701d, Vernon's Texas Civil Statutes).
   8-17              (25) <(23)>  "Municipal solid waste" means solid waste
   8-18  resulting from or incidental to municipal, community, commercial,
   8-19  institutional, or recreational activities, and includes garbage,
   8-20  rubbish, ashes, street cleanings, dead animals, abandoned
   8-21  automobiles, and other solid waste other than industrial solid
   8-22  waste.
   8-23              (26)  "New HWM facility" means a Hazardous Waste
   8-24  Management facility which began operation on or for which
   8-25  construction commenced after November 19, 1980.
    9-1              (27) <(24)>  "Notice of intent to file an application"
    9-2  means the notice filed under Section 361.063.
    9-3              (28)  "Off-site" means any site which is not on-site.
    9-4              (29)  "On-site" means on the same or geographically
    9-5  contiguous property which  may be divided by public or private
    9-6  right(s)-of-way, provided the entrance and exit between the
    9-7  properties is at a cross-roads intersection, and access is by
    9-8  crossing as opposed to going along, the right(s)-of-way.
    9-9  Noncontiguous properties owned by the same person but connected by
   9-10  a right-of-way which the person controls and to which the public
   9-11  does not have access, is also considered on-site property.
   9-12              (30)  "Owner or operator" means the owner or operator
   9-13  of any facility or activity subject to regulation under RCRA.
   9-14              (31) <(25)>  "PCBs" or "polychlorinated biphenyl
   9-15  compounds" means compounds subject to Title 40, Code of Federal
   9-16  Regulations, Part 761.
   9-17              (32) <(26)>  "Person" means an individual, corporation,
   9-18  organization, government or governmental subdivision or agency,
   9-19  business trust partnership, association or any other legal entity.
   9-20              (33) <(27)>  "Person affected" means a person who
   9-21  demonstrates that the person has suffered or will suffer actual
   9-22  injury or economic damage and, if the person is not a local
   9-23  government:
   9-24                    (A)  is a resident of a county or a county
   9-25  adjacent or contiguous to the county in which a solid waste
   10-1  facility is to be located; or
   10-2                    (B)  is doing business or owns land in the county
   10-3  or adjacent or contiguous county.
   10-4              (34)  "Physical construction" means excavation,
   10-5  movement of earth, erection of forms or structures, or similar
   10-6  activity to prepare an HWM facility to accept hazardous waste.
   10-7              (35)  <(28)>  "Processing" means the extraction of
   10-8  materials from or the transfer volume reduction, conversion to
   10-9  energy, or other separation and preparation of solid waste for
  10-10  reuse or disposal.  The term includes the treatment or
  10-11  neutralization of hazardous waste designed to change the physical,
  10-12  chemical, or biological character or composition of a hazardous
  10-13  waste so as to neutralize the waste, recover energy or material
  10-14  from the waste, render the waste nonhazardous or less hazardous,
  10-15  make it safer to transport store or dispose of, or render it
  10-16  amenable for recovery or storage or reduce its volume.  The term
  10-17  does not include activities concerning those materials exempted by
  10-18  the administrator of the United States Environmental Protection
  10-19  Agency under the federal Solid Waste Disposal Act as amended by the
  10-20  Resource Conservation and Recovery Act of 1976 as amended (42
  10-21  U.S.C. Section 6901 et seq.) unless the commission or department
  10-22  determines that regulation of the activity under this chapter is
  10-23  necessary to protect human health or the environment.
  10-24              (36) <(29)>  "Radioactive waste" means waste that
  10-25  requires specific licensing under Chapter 401 and the rules adopted
   11-1  by the board of health under that law.
   11-2              (37)  "RCRA" means the Solid Waste Disposal Act as
   11-3  amended by the Resource Conservation and Recovery Act of 1976
   11-4  (Pub.L. 94-580, as amended by Pub.L.  95-609 and Pub.L. 96-482, 42
   11-5  U.S.C. 6901 et seq.).
   11-6              (38) <(30)>  "Recycling" means the legitimate use reuse
   11-7  or reclamation of solid waste.
   11-8              (39) <(31)>  "Release" means any spilling, leaking,
   11-9  pumping, pouring, emitting, emptying, discharging, injecting,
  11-10  escaping, leaching, dumping, or disposing into the environment.
  11-11  The term does not include:
  11-12                    (A)  a release that results in an exposure to a
  11-13  person solely within a workplace concerning a claim that the person
  11-14  may assert against the person's employer;
  11-15                    (B)  an emission from the engine exhaust of a
  11-16  motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping
  11-17  station engine;
  11-18                    (C)  a release of source, by-product, or special
  11-19  nuclear material from a nuclear incident as those terms are defined
  11-20  by the Atomic Energy Act of 1954, as amended (42 U.S.C. Section
  11-21  2011 et seq.), if the release is subject to requirements concerning
  11-22  financial protection established by the Nuclear Regulatory
  11-23  Commission under Section 170 of that Act;
  11-24                    (D)  for the purposes of Section 104 of the
  11-25  environmental response law, or other response action, a release of
   12-1  source, by-product, or special nuclear material from a processing
   12-2  site designated under Section 102(a)(1) or 302(a) of the Uranium
   12-3  Mill Tailings Radiation Control Act of 1978 (42 U.S.C. Sections
   12-4  7912 and 7942); and
   12-5                    (E)  the normal application of fertilizer.
   12-6              (40) <(32)>  "Remedial action" means an action
   12-7  consistent with a permanent remedy taken instead of or in addition
   12-8  to a removal action in the event of a release or threatened release
   12-9  of a hazardous waste into the environment to prevent or minimize
  12-10  the release of hazardous waste so that the hazardous waste does not
  12-11  migrate to cause an imminent and substantial danger to present or
  12-12  future public health and safety or the environment.  The term
  12-13  includes:
  12-14                    (A)  actions at the location of the release
  12-15  including storage, confinement, perimeter protection using dikes,
  12-16  trenches, or ditches, clay cover, neutralization, cleanup of
  12-17  released hazardous waste or contaminated materials, recycling or
  12-18  reuse, diversion, destruction, segregation of reactive waste,
  12-19  dredging or excavations, repair or replacement of leaking
  12-20  containers, collection of leachate and runoff, on-site treatment or
  12-21  incineration, provision of alternate water supplies, and any
  12-22  monitoring reasonably required to assure that those actions protect
  12-23  the public health and safety or the environment; and
  12-24                    (B)  the costs of permanent relocation of
  12-25  residents, businesses, and community facilities if the
   13-1  administrator of the United States Environmental Protection Agency
   13-2  or the executive director determines that, alone or in combination
   13-3  with other measures, the relocation:
   13-4                          (i)  is more cost-effective than and
   13-5  environmentally preferable to the transportation, storage,
   13-6  treatment, destruction, or secure disposition off-site of hazardous
   13-7  waste; or
   13-8                          (ii)  may otherwise be necessary to protect
   13-9  the public health or safety.
  13-10              (41) <(33)>  "Removal" includes:
  13-11                    (A)  cleaning up or removing released hazardous
  13-12  waste from the environment;
  13-13                    (B)  taking necessary action in the event of the
  13-14  threat of release of hazardous waste into the environment;
  13-15                    (C)  taking necessary action to monitor assess
  13-16  and evaluate the release or threat of release of hazardous waste;
  13-17                    (D)  disposing of removed material;
  13-18                    (E)  erecting a security fence or other measure
  13-19  to limit access;
  13-20                    (F)  providing alternate water supplies,
  13-21  temporary evacuation, and housing for threatened individuals not
  13-22  otherwise provided for;
  13-23                    (G)  acting under Section 104(b) of the
  13-24  environmental response law;
  13-25                    (H)  providing emergency assistance under the
   14-1  federal Disaster Relief Act of 1974 (42 U.S.C. Section 5121 et
   14-2  seq.); or
   14-3                    (I)  taking any other necessary action to prevent
   14-4  minimize or mitigate damage to the public health and welfare or the
   14-5  environment that may otherwise result from a release or threat of
   14-6  release.
   14-7              (42) <(34)>  "Rubbish" means nonputrescible solid waste
   14-8  excluding ashes that consists of:
   14-9                    (A)  combustible waste material including paper,
  14-10  rags, cartons, wood, excelsior, furniture, rubber, plastics, yard
  14-11  trimmings, leaves, and similar materials; and
  14-12                    (B)  noncombustible waste materials, including
  14-13  glass, crockery, tin cans, aluminum cans, metal furniture, and
  14-14  similar materials that do not burn at ordinary incinerator
  14-15  temperatures (1,600 to 1,800 degrees Fahrenheit).
  14-16              (43) <(35)>  "Sanitary landfill" means a controlled
  14-17  area of land on which solid waste is disposed of in accordance with
  14-18  standards, rules, or orders established by the board of health or
  14-19  the commission.
  14-20              (44)  "Site" means the land or water area where any
  14-21  facility or activity is physically located or conducted, including
  14-22  adjacent land used in connection with the facility or activity.
  14-23              (45) <(36)>  "Sludge" means solid, semisolid, or liquid
  14-24  waste generated from a municipal, commercial, or industrial
  14-25  wastewater treatment plant, water supply treatment plant, or air
   15-1  pollution control facility excluding the treated effluent from a
   15-2  wastewater treatment plant.
   15-3          Subdivision (37) expires on delegation of Resource
   15-4        Conservation and Recovery Act authority to the Railroad
   15-5                          Commission of Texas
   15-6              (46) <(37)>  This subdivision expires on delegation of
   15-7  the Resource Conservation and Recovery Act authority to the
   15-8  Railroad Commission of Texas.  Subject to the limitations of 42
   15-9  U.S.C. Section 6903(27) and 40 C.F.R. Section 261.4(a) "solid
  15-10  waste" means garbage, rubbish, refuse, sludge from a waste
  15-11  treatment plant, water supply treatment plant, or air pollution
  15-12  control facility, and other discarded material, including solid,
  15-13  liquid, semisolid, or contained gaseous material resulting from
  15-14  industrial, municipal, commercial, mining, and agricultural
  15-15  operations and from community and institutional activities.  The
  15-16  term:
  15-17                    (A)  does not include:
  15-18                          (i)  solid or dissolved material in
  15-19  domestic sewage or solid or dissolved material in irrigation return
  15-20  flows, or industrial discharges subject to regulation by permit
  15-21  issued under Chapter 26, Water Code;
  15-22                          (ii)  soil, dirt, rock, sand, and other
  15-23  natural or man-made inert solid materials used to fill land if the
  15-24  object of the fill is to make the land suitable for the
  15-25  construction of surface improvements; or
   16-1                          (iii)  waste materials that result from
   16-2  activities associated with the exploration, development, or
   16-3  production of oil or gas or geothermal resources and other
   16-4  substance or material regulated by the Railroad Commission of Texas
   16-5  under Section 91.101, Natural Resources Code, unless the waste
   16-6  substance or material resets from activities associated with
   16-7  gasoline plants, natural gas or natural gas liquids processing
   16-8  plants, pressure maintenance plants, or repressurizing plants, and
   16-9  is hazardous waste as defined by the administrator of the United
  16-10  States Environmental Protection Agency under the federal Solid
  16-11  Waste Disposal Act, as amended by the Resource Conservation and
  16-12  Recovery Act, as amended (42 U.S.C. Section 6901 et seq.); and
  16-13                    (B)  does include hazardous substances for the
  16-14  purposes of Sections 361.271 through 361.277, 361.280 and 361.343
  16-15  through 361.345.
  16-16      Subdivision (38) is effective on delegation of the Resource
  16-17        Conservation and Recovery Act authority to the Railroad
  16-18                          Commission of Texas
  16-19              (47) <(38)>  This subdivision is effective on
  16-20  delegation of the Resource Conservation and Recovery Act authority
  16-21  to the Railroad Commission of Texas.  Subject to the limitations of
  16-22  42 U.S.C. Section 6903(27) and 40 C.F.R. Section 261.4(a), "solid
  16-23  waste" means garbage, rubbish, refuse, sludge from a waste
  16-24  treatment plant, water supply treatment plant, or air pollution
  16-25  control facility, and other discarded material, including solid,
   17-1  liquid, semi-solid or contained gaseous material resulting from
   17-2  industrial, municipal, commercial, mining, and agricultural
   17-3  operations and from community and institutional activities.  The
   17-4  term:
   17-5                    (A)  does not include:
   17-6                          (i)  solid or dissolved material in
   17-7  domestic sewage, or solid or dissolved material in irrigation
   17-8  return flows, or industrial discharges subject to regulation by
   17-9  permit issued under Chapter 26, Water Code;
  17-10                          (ii)  soil, dirt, rock, sand, and other
  17-11  natural or man-made inert solid materials used to fill land if the
  17-12  object of the fill is to make the land suitable for the
  17-13  construction of surface improvements; or
  17-14                          (iii)  waste materials that result from
  17-15  activities associated with the exploration, development or
  17-16  production of oil or gas or geothermal resources and other
  17-17  substance or material regulated by the Railroad Commission of Texas
  17-18  under Section 91.101, Natural Resources Code; and
  17-19                    (B)  does include hazardous substances, for the
  17-20  purposes of Sections 361.271 through 361.277, 361.280 and 361.343
  17-21  through 361.345.
  17-22              (48) <(39)>  "Solid waste facility" means all
  17-23  contiguous land including structures, appurtenances, and other
  17-24  improvements on the land used for processing, storing, or disposing
  17-25  of solid waste.  The term includes a publicly or privately owned
   18-1  solid waste facility consisting of several processing, storage, or
   18-2  disposal operational units such as one or more landfills, surface
   18-3  impoundments, or a combination of units.
   18-4              (49) <(40)>  "Solid waste technician" means an
   18-5  individual who is trained in the practical aspects of the design,
   18-6  operation, and maintenance of a solid waste facility in accordance
   18-7  with standards, rules, or orders established by the board of health
   18-8  or commission.
   18-9              (50) <(41)>  "Storage" means the temporary holding of
  18-10  solid waste after which the solid waste is processed disposed of,
  18-11  or stored elsewhere.
  18-12              <(42)  (Blank).>
  18-13              <(43)  (Blank).>
  18-14              (51) <(44)>  "Pollution" means the alteration of the
  18-15  physical, thermal, chemical, or biological quality of, or the
  18-16  contamination of, any land or surface or subsurface water in the
  18-17  state that renders the land or water harmful, detrimental or
  18-18  injurious to humans, animal life, vegetation, or property or to
  18-19  public health, safety, or welfare or impairs the usefulness or the
  18-20  public enjoyment of the land or water for any lawful or reasonable
  18-21  purpose.
  18-22        SECTION 2.  EFFECTIVE DATE.  This Act is effective September
  18-23  1, 1995.
  18-24        SECTION 3.  EMERGENCY.  The importance of this legislation
  18-25  and the crowded condition of the calendars in both houses create an
   19-1  emergency and an imperative public necessity that the
   19-2  constitutional rule requiring bills to be read on three several
   19-3  days in each house be suspended, and this rule is suspended.