| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the regulation of the storage of coal ash. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter D, Chapter 26, Water Code, is amended |
|
|
by adding Section 26.133 to read as follows: |
|
|
Sec. 26.133. COAL ASH RETENTION FACILITIES. (a) In this |
|
|
section, "coal ash retention facility" means a surface impoundment, |
|
|
pit, pond, or lagoon containing fly ash and bottom ash resulting |
|
|
from coal combustion. |
|
|
(b) The owner or operator of a coal ash retention facility |
|
|
shall ensure that the facility has a liner designed by an engineer |
|
|
who holds a license issued under Chapter 1001, Occupations Code, to |
|
|
minimize surface water and groundwater pollution risks. The liner |
|
|
must meet standards at least as stringent as those adopted by the |
|
|
commission for a Type I landfill managing Class I industrial solid |
|
|
waste. |
|
|
(c) The commission shall develop and implement groundwater |
|
|
monitoring requirements for coal ash retention facilities. |
|
|
(d) The commission shall adopt rules as necessary to |
|
|
administer and enforce this section. |
|
|
SECTION 2. (a) Except as provided by Subsection (b) of this |
|
|
section, this Act takes effect September 1, 2009. |
|
|
(b) Section 26.133(b), Water Code, as added by this Act, |
|
|
takes effect September 1, 2010. |