75R14603 JJT-D                          

         By Armbrister                                         S.B. No. 1929

         Substitute the following for S.B. No. 1929:

         By Kuempel                                        C.S.S.B. No. 1929

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the disposal of certain solid waste and permits for

 1-3     disposal of that waste.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter C, Chapter 361, Health and Safety

 1-6     Code, is amended by adding Section 361.116 to read as follows:

 1-7           Sec. 361.116.  INCIDENTAL INJECTION WELL WASTES.  The

 1-8     commission shall adopt rules regulating the disposal of solid waste

 1-9     generated incidentally by the operation of an injection well

1-10     permitted for the disposal of waste.  The rules must be consistent

1-11     with federal law and rules of the United States Environmental

1-12     Protection Agency.

1-13           SECTION 2.  Subchapter C, Chapter 361, Health and Safety

1-14     Code, is amended by adding Section 361.0895 to read as follows:

1-15           Sec. 361.0895.  FACILITIES REQUIRED TO OBTAIN FEDERAL

1-16     APPROVAL.  (a)  This section applies only to a permitted facility

1-17     that, on September 1, 1997, has not yet received from the United

1-18     States Environmental Protection Agency authorization to inject

1-19     hazardous waste.

1-20           (b)  For a permitted hazardous waste disposal well facility

1-21     that is required to obtain separate approval from the United States

1-22     Environmental Protection Agency before injecting hazardous waste:

1-23                 (1)  a permit or other authorization issued to the

1-24     facility under this chapter is not subject to cancellation,

 2-1     amendment, modification, revocation, or denial of a renewal because

 2-2     the permit holder has failed to begin construction or operation

 2-3     before the expiration of a particular period; and

 2-4                 (2)  the fixed term of each permit or other

 2-5     authorization issued to the facility under this chapter begins on

 2-6     the date the facility first receives solid waste.

 2-7           SECTION 3.  Subchapter D, Chapter 27, Water Code, is amended

 2-8     by adding Section 27.0515 to read as follows:

 2-9           Sec. 27.0515.  FACILITIES REQUIRED TO OBTAIN FEDERAL

2-10     APPROVAL.  (a)  This section applies only to a permitted facility

2-11     that, on September 1, 1997, has not yet received from the United

2-12     States Environmental Protection Agency authorization to inject

2-13     hazardous waste.

2-14           (b)  For a permitted hazardous waste disposal well facility

2-15     that is required to obtain separate approval from the United States

2-16     Environmental Protection Agency before injecting hazardous waste:

2-17                 (1)  a permit or other authorization issued to the

2-18     facility under this chapter is not subject to cancellation,

2-19     amendment, modification, revocation, or denial of a renewal because

2-20     the permit holder has failed to begin construction or operation

2-21     before the expiration of a particular period; and

2-22                 (2)  the fixed term of each permit or other

2-23     authorization issued to the facility under this chapter begins on

2-24     the date the facility first receives solid waste.

2-25           SECTION 4.  This Act takes effect September 1, 1997.

2-26           SECTION 5.  The importance of this legislation and the

2-27     crowded condition of the calendars in both houses create an

 3-1     emergency and an imperative public necessity that the

 3-2     constitutional rule requiring bills to be read on three several

 3-3     days in each house be suspended, and this rule is hereby suspended.