By Seaman H.B. No. 480
76R3196 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to notice and hearing for an application for a permit for
1-3 a land treatment or other disposal facility.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 91, Natural Resources Code,
1-6 is amended by adding Sections 91.116 and 91.117 to read as follows:
1-7 Sec. 91.116. NOTICE OF LAND TREATMENT PERMIT APPLICATION.
1-8 (a) A person who files an application for a permit for a treatment
1-9 and disposal facility for land treatment or for land spreading of
1-10 oil and gas waste or waste related to a geothermal resource shall
1-11 publish notice of the application in accordance with this section.
1-12 (b) The notice must include:
1-13 (1) the date the application was filed;
1-14 (2) a description of the location of the site for
1-15 which the application was made and the name of the owner of the
1-16 site;
1-17 (3) the name of the applicant;
1-18 (4) the type of waste to be treated or spread; and
1-19 (5) the treatment method proposed.
1-20 (c) The notice must be published:
1-21 (1) at least once each week for four consecutive weeks
1-22 with the first publication occurring not later than the seventh day
1-23 after the date on which the application is filed; and
1-24 (2) in a newspaper of general circulation in the
2-1 county in which the proposed treatment would occur.
2-2 Sec. 91.117. PUBLIC INFORMATION HEARING ON LAND TREATMENT
2-3 PERMIT APPLICATION. (a) If the commission receives a request for
2-4 a public comment hearing before the commission makes a
2-5 determination on an application for a permit for a treatment and
2-6 disposal facility for land treatment or for land spreading of oil
2-7 and gas waste or waste related to a geothermal resource, commission
2-8 staff shall conduct a hearing to receive public comment.
2-9 (b) The hearing must be held in the county in which the
2-10 proposed treatment would occur.
2-11 (c) Comments received at a hearing under this section are
2-12 part of the record of the contested case hearing on the
2-13 application.
2-14 SECTION 2. This Act takes effect September 1, 1999, and
2-15 applies only to an application filed on or after that date.
2-16 SECTION 3. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.