By:  Armbrister                                      S.C.R. No. 119
                             SENATE CONCURRENT RESOLUTION
    1-1        WHEREAS, Waste-Water, Incorporated, alleges that:
    1-2        (1)  it was incorporated on June 13, 1978, and acquired a
    1-3  permit on December 19, 1979, to construct and operate a commercial
    1-4  waste disposal injection well, and its present management took over
    1-5  operational control of the corporation in 1988;
    1-6        (2)  its present management contacted officials at the Texas
    1-7  Water Commission prior to purchasing the stock of the corporation
    1-8  and was told that the permits were in order and that the facility
    1-9  had interim status and everything necessary to operate;
   1-10        (3)  the Texas Water Commission confirmed in writing its
   1-11  approval of the plans and specifications for the construction of
   1-12  the surface facilities and authorization for the corporation to
   1-13  begin construction of the surface facilities;
   1-14        (4)  from 1989 through the present it has spent in excess of
   1-15  $7 million on the development of the waste disposal injection well,
   1-16  relying completely on the representations of the Texas Water
   1-17  Commission that the corporation had authorization to continue
   1-18  despite the newly imposed moratorium on hazardous waste permitting;
   1-19        (5)  in June of 1991, the Texas Legislature passed Senate
   1-20  Bill No. 1099, containing siting restrictions for new commercial
   1-21  hazardous waste management facilities;
   1-22        (6)  on April 27, 1992, the Texas Water Commission claimed
   1-23  that Waste-Water, Incorporated, was a new facility and not an
    2-1  existing facility for purposes of Senate Bill No. 1099 despite an
    2-2  earlier memorandum listing the facility as an existing facility;
    2-3        (7)  on July 27, 1992, Waste-Water, Incorporated, requested a
    2-4  hearing in the event that the Texas Water Commission still
    2-5  considered Waste-Water, Incorporated, to be a new facility, which
    2-6  hearing was held on February 6, 1995, before the Texas Natural
    2-7  Resource Conservation Commission which is the successor agency of
    2-8  the Texas Water Commission; and
    2-9        (8)  after attempting to resolve its dispute through an
   2-10  established dispute resolution procedure, it is left with no
   2-11  apparent remedy; now, therefore, be it
   2-12        RESOLVED by the 74th Legislature of the State of Texas, That
   2-13  Waste-Water, Incorporated, be and is hereby granted permission to
   2-14  sue the State of Texas and the Texas Natural Resource Conservation
   2-15  Commission subject to Chapter 107, Civil Practice and Remedies
   2-16  Code; and, be it further
   2-17        RESOLVED, That the executive director of the Texas Natural
   2-18  Resource Conservation Commission be served process as provided by
   2-19  Subdivision (3), Subsection (a), Section 107.002, Civil Practice
   2-20  and Remedies Code.