77R14273 QS-F
By Brown S.B. No. 324
Substitute the following for S.B. No. 324:
By Chisum C.S.S.B. No. 324
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to applications and fees for injection well permits.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 27.012 and 27.014, Water Code, are
1-5 amended to read as follows:
1-6 Sec. 27.012. APPLICATION FOR PERMIT. (a) The commission
1-7 shall prescribe forms for application for a permit and shall make
1-8 the forms available on request without charge.
1-9 (b) Applications for hazardous and nonhazardous disposal
1-10 well permits shall be processed in accordance with this chapter for
1-11 the benefit of the state and the preservation of its natural
1-12 resources.
1-13 Sec. 27.014. APPLICATION FEE. With each application for a
1-14 disposal well permit, the commission shall collect a fee in the
1-15 amount provided by and under the terms of Section 5.235 [of $25 for
1-16 the benefit of the state].
1-17 SECTION 2. Sections 27.051(d) and (e), Water Code, are
1-18 amended to read as follows:
1-19 (d) The commission, in determining if the use or
1-20 installation of an injection well [for the disposal of hazardous
1-21 waste] is in the public interest under Subsection (a)(1) of this
1-22 section, shall consider, but shall not be limited to the
1-23 consideration of:
1-24 (1) compliance history of the applicant and related
2-1 entities in accordance with the provisions of Subsection (e) of
2-2 this section;
2-3 (2) whether there is a practical, economic, and
2-4 feasible alternative to an injection well reasonably available [to
2-5 manage the types and classes of hazardous waste]; and
2-6 (3) if the injection well will be used for the
2-7 disposal of hazardous waste, whether the applicant will maintain
2-8 sufficient public liability insurance for bodily injury and
2-9 property damage to third parties that is caused by sudden and
2-10 non-sudden accidents or will otherwise demonstrate financial
2-11 responsibility in a manner adopted by the commission in lieu of
2-12 public liability insurance. A liability insurance policy which
2-13 satisfies the policy limits required by the hazardous waste
2-14 management regulations of the commission for the applicant's
2-15 proposed pre-injection facilities shall be deemed "sufficient"
2-16 under this subdivision if the policy:
2-17 (A) covers the injection well; and
2-18 (B) is issued by a company that is authorized to
2-19 do business and to write that kind of insurance in this state and
2-20 is solvent and not currently under supervision or in
2-21 conservatorship or receivership in this state or any other state.
2-22 (e) The commission shall establish a procedure for the
2-23 preparation of comprehensive summaries of the applicant's
2-24 compliance history, including the compliance history of any
2-25 corporation or business entity managed, owned, or otherwise closely
2-26 related to the applicant [by rule for its preparation of compliance
2-27 summaries relating to the history of compliance and noncompliance
3-1 by the applicant with the rules adopted or orders or permits issued
3-2 by the commission under this chapter for any injection well for
3-3 which a permit has been issued under this chapter]. The
3-4 [compliance] summaries shall be made available to the applicant and
3-5 any interested person after the commission has completed its
3-6 technical review of the permit application and prior to the
3-7 promulgation of the public notice relating to the issuance of the
3-8 permit. Evidence of compliance or noncompliance by an applicant
3-9 for an injection well permit [for the disposal of hazardous waste]
3-10 with environmental statutes and the rules adopted or orders or
3-11 permits issued by the commission [under this chapter] may be
3-12 offered by any party at a hearing on the applicant's application
3-13 and admitted into evidence subject to applicable rules of evidence.
3-14 Evidence of the compliance history of an applicant for an injection
3-15 well permit may be offered by the executive director at a hearing
3-16 on the application and admitted into evidence subject to the rules
3-17 of evidence. All evidence admitted, including compliance history,
3-18 shall be considered by the commission in determining whether to
3-19 issue, amend, extend or renew a permit. If the commission concludes
3-20 that the applicant's compliance history is unacceptable, the
3-21 commission shall deny the permit.
3-22 SECTION 3. (a) Section 27.014, Water Code, as amended by
3-23 this Act, applies only to an application for a disposal well permit
3-24 submitted on or after the effective date of this Act.
3-25 (b) Sections 27.012 and 27.051, Water Code, as amended by
3-26 this Act, apply to an application for a disposal or injection well
3-27 permit pending on or submitted on or after the effective date of
4-1 this Act.
4-2 SECTION 4. This Act takes effect immediately if it receives
4-3 a vote of two-thirds of all the members elected to each house, as
4-4 provided by Section 39, Article III, Texas Constitution. If this
4-5 Act does not receive the vote necessary for immediate effect, this
4-6 Act takes effect September 1, 2001.