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A BILL TO BE ENTITLED
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AN ACT
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relating to limitations on the location of injection wells. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.1011, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 361.1011. PROHIBITION ON PERMIT FOR FACILITY AFFECTED |
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BY FAULT. If [a fault exists within two and one-half miles from the
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proposed or existing wellbore of a Class I injection well or the
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area within the cone of influence, whichever is greater, or if] a |
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fault exists within 3,000 feet of a proposed hazardous waste |
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management facility [other than a Class I injection well] or of a |
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capacity expansion of an existing hazardous waste management |
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facility, the burden is on the applicant, unless previously |
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demonstrated to the commission or to the United States |
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Environmental Protection Agency, to show that: |
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(1) [in the case of Class I injection wells, that the
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fault is not sufficiently transmissive or vertically extensive to
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allow migration of hazardous constituents out of the injection
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zone; or
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[(2)
in the case of a proposed hazardous waste
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management facility other than a Class I injection well or for a
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capacity expansion of an existing hazardous waste management
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facility, that:
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[(A)] the fault has not had displacement within |
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Holocene time, or if faults have had displacement within Holocene |
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time, that no such faults pass within 200 feet of the portion of the |
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surface facility where treatment, storage, or disposal of hazardous |
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wastes will be conducted; and |
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(2) [(B)] the fault will not result in structural |
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instability of the surface facility or provide for groundwater |
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movement to the extent that there is endangerment to human health or |
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the environment. |
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SECTION 2. Subchapter D, Chapter 27, Water Code, is amended |
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by adding Sections 27.057, 27.058, 27.059, 27.060, 27.061, and |
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27.062 to read as follows: |
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Sec. 27.057. PROHIBITION ON PERMIT FOR INJECTION WELL IN |
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CERTAIN AREAS. The commission may not issue a permit for an |
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injection well if the well is to be located: |
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(1) on the recharge zone of an aquifer designated as a |
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sole source aquifer under Section 1424(e), Safe Drinking Water Act |
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of 1974 (42 U.S.C. Section 300h-3(e)); or |
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(2) in an oil field from which commercial production |
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of oil began before 1935. |
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Sec. 27.058. PROHIBITION ON PERMIT FOR INJECTION WELL |
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WITHIN CERTAIN DISTANCE OF RESIDENCE, CHURCH, SCHOOL, DAY-CARE |
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CENTER, PARK, OR PUBLIC DRINKING WATER SUPPLY. (a) The commission |
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by rule shall prohibit the issuance of a permit for an injection |
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well if the well is to be located within one-half mile (2,640 feet) |
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of an established: |
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(1) residence; |
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(2) church; |
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(3) school; |
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(4) day-care center; |
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(5) surface water body used for a public drinking |
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water supply; or |
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(6) dedicated public park. |
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(b) The commission by rule shall prohibit the issuance of a |
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permit for an injection well that is proposed to be located at a |
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distance greater than one-half mile (2,640 feet) from a location |
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described by Subsection (a) unless the applicant demonstrates that |
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the well will be operated so as to safeguard public health and |
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welfare and protect physical property and the environment, at any |
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distance beyond the well's property boundaries, consistent with the |
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purposes of this chapter. |
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(c) The measurement of distance required by Subsections (a) |
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and (b) shall be taken toward an established residence, church, |
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school, day-care center, surface water body used for a public |
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drinking water supply, or dedicated park that is in use when the |
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notice of intent to file a permit application is filed with the |
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commission or, if no notice of intent is filed, when the permit |
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application is filed with the commission. The restriction imposed |
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by Subsection (a) does not apply if the residence, church, school, |
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day-care center, surface water body used for a public drinking |
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water supply, or dedicated park is located on property that is owned |
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by the permit applicant and that is adjacent to the well for which |
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the application is filed. |
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Sec. 27.059. PROHIBITION ON PERMIT FOR INJECTION WELL |
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AFFECTED BY FAULT. The commission may not issue a permit for an |
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injection well if a fault exists within two and one-half miles from |
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the proposed or existing wellbore of an injection well or the area |
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within the cone of influence, whichever is greater, unless the |
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applicant can demonstrate that the fault is not sufficiently |
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transmissive or vertically extensive to allow migration of |
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hazardous constituents out of the injection zone. |
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Sec. 27.060. OTHER AREAS UNSUITABLE FOR INJECTION WELLS. |
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The commission by rule shall define the characteristics that make |
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other areas unsuitable for an injection well, including |
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consideration of characteristics related to: |
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(1) flood hazards; |
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(2) discharge from or recharge to a groundwater |
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aquifer; |
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(3) soil conditions; |
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(4) areas of direct drainage within one mile of a lake |
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used to supply public drinking water; |
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(5) active geological processes; |
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(6) coastal high hazard areas, such as areas subject |
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to hurricane storm surge and shoreline erosion; or |
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(7) critical habitat of endangered species. |
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Sec. 27.061. PROHIBITION ON PERMIT FOR INJECTION WELL IN |
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UNSUITABLE AREA. The commission by rule shall prohibit the |
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issuance of a permit for a new injection well if the well is to be |
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located in an area determined to be unsuitable under rules adopted |
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by the commission under Section 27.060 unless the design, |
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construction, and operational features of the well will prevent |
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adverse effects from unsuitable site characteristics. |
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Sec. 27.062. PETITION BY LOCAL GOVERNMENT FOR RULE ON |
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INJECTION WELL IN UNSUITABLE AREA. (a) The commission by rule |
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shall allow a local government to petition the commission for a rule |
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that restricts or prohibits the siting of a new injection well in an |
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area specified by the petition, including an area that has one or |
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more of the characteristics described by Section 27.060. |
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(b) A rule adopted under this section may not affect the |
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siting of a new injection well if an application or a notice of |
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intent to file an application concerning the well is filed with the |
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commission before the filing of a petition under this section. |
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SECTION 3. 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 4. 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. |