By: Van de Putte S.B. No. 1281

(In the Senate - Filed March 6, 2007; March 19, 2007, read first time and referred to Committee on Natural Resources; April 30, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 11, Nays 0; April 30, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1281 By: Estes

A BILL TO BE ENTITLED

AN ACT

relating to certain permit requirements concerning solid waste facilities, including recycling facilities, that are located on the recharge or transition zone of a sole source aquifer.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 361, Health and Safety Code, is amended by adding Section 361.125 to read as follows:

Sec. 361.125. PERMIT REQUIREMENTS FOR MUNICIPAL SOLID WASTE FACILITY ON RECHARGE OR TRANSITION ZONE OF SOLE SOURCE AQUIFER. (a) In this section:

(1) "Recharge zone" and "transition zone" have the meanings assigned by 30 T.A.C. Section 213.3.

(2) "Sole source aquifer" means an aquifer that is the sole or principal source of drinking water for an area designated under Section 1424(e), Safe Drinking Water Act of 1974 (42 U.S.C. Section 300h-3(e)).

(b) The commission by rule shall:

(1) impose heightened standards for the issuance of a permit for a municipal solid waste facility, including a recycling facility, under this chapter if the facility is located on the recharge zone or transition zone of a sole source aquifer;

(2) require a municipal solid waste facility, including a recycling facility, that is located on the recharge zone of a sole source aquifer to install groundwater protection features, such as liners and monitoring wells, specified by the commission; and

(3) require a recycling facility that is located on the recharge zone or transition zone of a sole source aquifer to establish fire lanes between piles of combustible materials.

SECTION 2. This Act takes effect September 1, 2007.

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