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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposal and reuse of coal combustion waste. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.090(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) This section does not apply to: |
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(1) waste collected, handled, stored, processed, or |
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disposed of with solid waste from any other source or sources; [or] |
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(2) hazardous waste; or |
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(3) coal combustion waste, as that term is defined by |
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Section 361.0236, generated from an electric generating plant that |
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receives a preconstruction permit on or after September 1, 2009. |
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SECTION 2. Subchapter B, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.0236 to read as follows: |
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Sec. 361.0236. DISPOSAL AND REUSE OF COAL COMBUSTION WASTE. |
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(a) In this section, "coal combustion waste" means the waste |
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produced from the burning of coal, including ash, slag, and |
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particulates removed from flue gas. |
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(b) The commission shall assess the status and stability of |
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each site in this state at which coal combustion waste is disposed |
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of or reused, regardless of whether the site is regulated by the |
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commission, and publish a cumulative report on its findings every |
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five years. The report must include information regarding: |
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(1) the volume of coal combustion waste at each type of |
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disposal or reuse site; and |
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(2) toxic constituents in the waste. |
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(c) Coal combustion waste produced from an electric |
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generating facility that receives a preconstruction permit on or |
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after September 1, 2009: |
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(1) is considered Class I industrial solid waste for |
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purposes of disposal of the waste; and |
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(2) may not be reused as mine backfill under Chapter |
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134, Natural Resources Code. |
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SECTION 3. Section 134.030, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 134.030. RULES REGARDING MONITORING, REPORTING, AND |
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INSPECTIONS. (a) The commission shall adopt rules for: |
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(1) informing an operator of a violation detected by |
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an inspector; and |
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(2) making public all inspection and monitoring |
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reports and other records and reports required to be kept under this |
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chapter and rules adopted under this chapter and not confidential |
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under Section 134.031. |
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(b) Information related to groundwater and soil monitoring |
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of sites containing coal combustion waste, as that term is defined |
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by Section 361.0236, Health and Safety Code, is not confidential |
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and must be made public under this section. |
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SECTION 4. Not later than September 1, 2014, the Texas |
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Commission on Environmental Quality shall publish the first of the |
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cumulative reports required by Section 361.0236(b), Health and |
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Safety Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2009. |