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A BILL TO BE ENTITLED
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AN ACT
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relating to limitations 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. RESTRICTION [PROHIBITION] ON PERMIT FOR |
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FACILITY ON RECHARGE ZONE OF CERTAIN AQUIFERS [SOLE SOURCE
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AQUIFER]. (a) The commission by rule shall prohibit the issuance |
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of a permit for a new hazardous waste landfill, municipal solid |
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waste facility, land treatment facility, surface impoundment, or |
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waste pile, or areal expansion of such a facility, if the facility |
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is to be located on the recharge zone of: |
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(1) a sole source aquifer; or |
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(2) subject to Subsection (b), an aquifer that is |
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designated by the Texas Water Development Board as a major aquifer. |
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(b) The commission may issue a permit for a facility to be |
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located on the recharge zone of a major aquifer that is not a sole |
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source aquifer only if: |
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(1) the aquifer is separated from the base of the |
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containment structure by a minimum of 10 feet of material with a |
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hydraulic conductivity toward the aquifer not greater than 10-7 |
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centimeters per second or a thicker interval of more permeable |
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material that provides equivalent or greater retardation to |
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pollutant migration; |
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(2) the facility will use double synthetic liners with |
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a leak detection system between the liners; |
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(3) in addition to other financial assurance |
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requirements, the commission conditions the issuance of the permit |
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on the applicant's execution of a bond in an amount sufficient to |
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ensure the operational, closure, and post-closure responsibilities |
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of the facility, but not less than $1 million; |
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(4) the permit application demonstrates: |
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(A) the need for the facility; and |
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(B) that no nearby alternative location outside |
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the recharge zone is available; and |
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(5) for a facility located in a groundwater |
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conservation district, the permit application contains: |
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(A) if available, information regarding the uses |
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of groundwater in the district and any historical data on record |
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with the district, including subsurface geological data; and |
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(B) proof of notice to the district that the |
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applicant intends to file the application. |
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(c) For a facility located in a groundwater conservation |
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district, the determination of whether the facility is located on |
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the recharge zone of a major aquifer is governed by the district's |
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delineation of the recharge zone. |
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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, 2019. |