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A BILL TO BE ENTITLED
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AN ACT
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relating to the application of new requirements for commercial |
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underground injection control wells to be adopted by the Texas |
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Commission on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) As soon as practicable after the effective |
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date of this Act, the Texas Commission on Environmental Quality |
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shall adopt rules regulating the surface facilities associated with |
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new commercial wells that propose to accept nonhazardous industrial |
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waste for which a permit has not been issued on or before the |
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effective date of this Act. In this section: |
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(1) "Commercial well" means a Class I injection well, |
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as defined by commission rule, that a person may use to dispose of |
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nonhazardous industrial solid wastes for a charge. The term does |
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not include: |
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(A) an injection well that is part of an |
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integrated waste management unit of a captured facility; or |
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(B) an injection well at which only waste from |
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facilities owned or effectively controlled by the same person is |
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disposed. |
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(2) "Captured facility" means a manufacturing or |
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production facility that generates an industrial solid waste or |
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hazardous waste that is routinely stored, processed, or disposed of |
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on a shared basis in an integrated waste management unit owned by, |
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operated by, and located within a contiguous manufacturing complex. |
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(b) The rules adopted under Subsection (a) of this section |
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may not apply to an application for a permit for an injection well: |
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(1) used solely for the injection of carbon dioxide; |
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or |
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(2) for which the surface facilities are associated |
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with a well for which a permit is issued before the effective date |
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of this Act. |
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SECTION 2. (a) The Texas Commission on Environmental |
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Quality shall suspend the permitting process for any pending |
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application for a permit for a new commercial well that proposes to |
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accept nonhazardous industrial waste and to which Section 1 of this |
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Act applies until the rules adopted under that section take effect. |
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(b) The Texas Commission on Environmental Quality shall |
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provide that the rules adopted under Section 1 of this Act apply to |
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every application for a permit for a new commercial well that |
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proposes to accept nonhazardous industrial waste and to which |
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Section 1 of this Act applies that is filed on or after the |
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effective date of this Act and every application for a permit for a |
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new commercial well that proposes to accept nonhazardous industrial |
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waste and to which Section 1 of this Act applies that is pending on |
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the effective date of this Act. |
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(c) The Texas Commission on Environmental Quality may allow |
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an applicant who filed such an application that is pending on the |
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effective date of this Act to amend the application to conform to |
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the rules adopted under Section 1 of this Act. |
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SECTION 3. 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. |