AN ACT
1-1 relating to the disposal of certain solid waste and permits for
1-2 disposal of that waste.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter C, Chapter 361, Health and Safety
1-5 Code, is amended by adding Section 361.116 to read as follows:
1-6 Sec. 361.116. DISPOSAL OF INCIDENTAL INJECTION WELL WASTE.
1-7 Notwithstanding Chapter 2001, Government Code, and any other
1-8 provision of this chapter, the commission shall grant to the owner
1-9 or operator of a commercial hazardous waste disposal well facility
1-10 originally permitted after June 7, 1991, a permit modification that
1-11 authorizes the construction and operation of an on-site or
1-12 adjoining landfill for the disposal of hazardous and nonhazardous
1-13 solid waste generated by the operation of the facility if the
1-14 proposed landfill meets all applicable state and federal design
1-15 requirements and the commission follows a public notice and comment
1-16 procedure that is consistent with 40 C.F.R. Section 270.42.
1-17 SECTION 2. Subchapter C, Chapter 361, Health and Safety
1-18 Code, is amended by adding Section 361.0895 to read as follows:
1-19 Sec. 361.0895. FACILITIES REQUIRED TO OBTAIN FEDERAL
1-20 APPROVAL. For a commercial hazardous waste disposal well facility
1-21 originally permitted by the commission after June 7, 1991, and
1-22 which is required to obtain from the United States Environmental
1-23 Protection Agency a variance from the federal land disposal
2-1 restrictions before injecting permitted hazardous wastes:
2-2 (1) a permit or other authorization issued to the
2-3 facility under this chapter is not subject to cancellation,
2-4 amendment, modification, revocation, or denial of renewal because
2-5 the permit holder has not commenced construction or operation of
2-6 the facility; and
2-7 (2) the fixed term of each permit or other
2-8 authorization issued to the facility under this chapter shall
2-9 commence on the date physical construction of the authorized waste
2-10 management facility begins.
2-11 SECTION 3. Subchapter D, Chapter 27, Water Code, is amended
2-12 by adding Section 27.0515 to read as follows:
2-13 Sec. 27.0515. FACILITIES REQUIRED TO OBTAIN FEDERAL
2-14 APPROVAL. For a commercial hazardous waste disposal well facility
2-15 originally permitted by the commission after June 7, 1991, and
2-16 which is required to obtain from the United States Environmental
2-17 Protection Agency a variance from the federal land disposal
2-18 restrictions before injecting permitted hazardous wastes:
2-19 (1) a permit or other authorization issued to the
2-20 facility under this chapter is not subject to cancellation,
2-21 amendment, modification, revocation, or denial of renewal because
2-22 the permit holder has not commenced construction or operation of
2-23 the facility; and
2-24 (2) the fixed term of each permit or other
2-25 authorization issued to the facility under this chapter shall
3-1 commence on the date physical construction of the authorized waste
3-2 management facility begins.
3-3 SECTION 4. (a) Sections 361.116 and 361.0895, Health and
3-4 Safety Code, and Section 27.0515, Water Code, as added by this Act,
3-5 do not apply to any facility that did not have an original permit
3-6 application pending at the Texas Natural Resource Conservation
3-7 Commission on June 7, 1991, nor to any facility that obtained a
3-8 federal variance from the land disposal restrictions prior to the
3-9 effective date of this Act.
3-10 (b) Section 361.0895, Health and Safety Code, and Section
3-11 27.0515, Water Code, as added by this Act, shall be construed in a
3-12 manner that promotes consistency with applicable federal
3-13 regulations and maintains federal program delegation and shall not
3-14 be applied in circumstances that would result in the loss of
3-15 federal program delegation.
3-16 SECTION 5. This Act takes effect September 1, 1997.
3-17 SECTION 6. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1929 passed the Senate on
April 28, 1997, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 27, 1997, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1929 passed the House, with
amendments, on May 25, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor