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A BILL TO BE ENTITLED
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AN ACT
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relating to testing requirements for certain commercial injection |
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wells. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 27.051(a), Water Code, is amended to |
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read as follows: |
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(a) The commission may grant an application in whole or part |
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and may issue the permit if it finds: |
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(1) that the use or installation of the injection well |
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is in the public interest; |
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(2) that no existing rights, including, but not |
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limited to, mineral rights, will be impaired; |
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(3) that, with proper safeguards, both ground and |
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surface fresh water can be adequately protected from pollution; |
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(4) that the applicant has made a satisfactory showing |
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of financial responsibility if required by Section 27.073 of this |
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code; |
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(5) that the applicant has provided for the proper |
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operation of the proposed hazardous waste injection well; |
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(6) that the applicant for a hazardous waste injection |
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well not located in an area of industrial land use has made a |
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reasonable effort to ensure that the burden, if any, imposed by the |
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proposed hazardous waste injection well on local law enforcement, |
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emergency medical or fire-fighting personnel, or public roadways, |
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will be reasonably minimized or mitigated; [and] |
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(7) that the applicant owns or has made a good faith |
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claim to, or has the consent of the owner to utilize, or has an |
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option to acquire, or has the authority to acquire through eminent |
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domain, the property or portions of the property where the |
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hazardous waste injection well will be constructed; |
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(8) that the applicant for an injection well that, for |
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a charge, will dispose of industrial or municipal waste will use |
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on-site monitoring wells to monitor and analyze groundwater quality |
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in accordance with rules adopted by the commission; and |
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(9) that the applicant for an injection well that, for |
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a charge, will dispose of industrial or municipal waste will |
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conduct shallow soil tests in accordance with rules adopted by the |
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commission. |
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SECTION 2. Subchapter D, Chapter 27, Water Code, is amended |
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by adding Section 27.057 to read as follows: |
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Sec. 27.057. REPORTING REQUIREMENTS. The holder of a |
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permit for an injection well requiring on-site monitoring wells and |
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soil testing under Sections 27.051(a)(8) and (9) shall submit to |
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the commission a report of groundwater and soil quality: |
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(1) on a regular schedule as required by commission |
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rules; and |
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(2) immediately when a change in quality is detected. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the Texas Commission on Environmental Quality shall |
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adopt rules to implement Sections 27.051(a)(8) and (9) and Section |
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27.057, Water Code, as added by this Act. |
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SECTION 4. The changes in law made by this Act apply to |
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permit applications pending before the Texas Commission on |
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Environmental Quality on or after the effective date of this Act. A |
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permit issued before the effective date of this Act is governed by |
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the law in effect when the permit was issued, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |