| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the use of reservoirs for sediment control or to satisfy |
|
|
certain environmental and safety requirements at surface mining |
|
|
operations. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subsection (d), Section 11.142, Water Code, is |
|
|
amended to read as follows: |
|
|
(d) Without obtaining a permit, a person may construct or |
|
|
maintain a reservoir [for the sole purpose of sediment control] as |
|
|
part of a surface coal mining operation under Chapter 134, Natural |
|
|
Resources Code, if the water in the reservoir is used solely for: |
|
|
(1) sediment control; or |
|
|
(2) compliance with applicable laws, rules, or |
|
|
regulations relating to fire or dust suppression [the Texas Surface
|
|
|
Coal Mining and Reclamation Act (Article 5920-11, Vernon's Texas
|
|
|
Civil Statutes)]. |
|
|
SECTION 2. The Texas Commission on Environmental Quality |
|
|
shall adopt rules to implement Subsection (d), Section 11.142, |
|
|
Water Code, as amended by this Act, not later than January 1, 2010. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2009. |