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Amend SB 1604 on page 23 by striking lines 13-21 and
substitute the following:
(d) Notwithstanding Sections 5.551, 5.556, 27.011, and
28.018, an application for an authorization submitted after
September 1, 2007, is an uncontested matter not subject to a
contested case hearing or the hearing requirements of Chapter 2001,
Government Code, unless the authorization seeks any of the
following:
(1) the initial establishment or amendment to the
restoration table or levels that would apply to any area covered by
the authorization; or,
(2) the initial establishment or amendment to the
establishment of monitoring wells for any area covered by the
authorization, including the location, number, depth, spacing, and
design of the monitoring wells or clusters of monitoring wells use
for the detection of excursions or releases of contaminants from
the mine area; or,
(3) the initial establishment or amendment to the type
or amount or restoration bond required for the area covered by the
authorization to assure that there are sufficient funds available
to the state for restoration of the groundwater in the area by a
third-party restorer, should the permittee seek bankruptcy
protection or otherwise not be available to restore the
groundwater.
(e) An application seeking approval under (d)(1)-(d)(3)
is subject to the public notice and contested hearing requirements
provided in Section 27.018, Water Code.