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.