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A BILL TO BE ENTITLED
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AN ACT
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relating to a limitation on the location of solid waste facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.101, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 361.101. PROHIBITION ON PERMIT FOR FACILITY ON |
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RECHARGE ZONE OF CERTAIN AQUIFERS [SOLE SOURCE AQUIFER]. The |
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commission by rule shall prohibit the issuance of a permit for a new |
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hazardous waste landfill, municipal solid waste facility, land |
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treatment facility, surface impoundment, or waste pile, or areal |
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expansion of such a facility, if the facility is to be located on |
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the recharge zone : |
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(1) a sole source aquifer; or |
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(2) an aquifer that is: |
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(A) designated by the Texas Water Development |
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Board as a major aquifer; and |
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(B) a source of water for a municipality that: |
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(i) has a population of at least one |
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million; and |
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(ii) is located more than 100 miles from the |
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Gulf of Mexico. |
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SECTION 2. The changes in law made by this Act apply only to |
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an application for the issuance of a permit pending before the Texas |
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Commission on Environmental Quality on or after the effective date |
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of this Act. A permit issued before the effective date of this Act |
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is governed by the law in effect when the permit was issued, and the |
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former law is continued in effect for that purpose. |
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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, 2015. |