Bill Text: TX SB987 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to limitations on the location of solid waste facilities.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-03-25 - Co-author authorized [SB987 Detail]
Download: Texas-2019-SB987-Introduced.html
2019S0214-1 02/14/19 | ||
By: Zaffirini | S.B. No. 987 |
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relating to limitations on the location of solid waste facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 361.101, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 361.101. RESTRICTION [ |
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FACILITY ON RECHARGE ZONE OF CERTAIN AQUIFERS [ |
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of a permit for a new hazardous waste landfill, municipal solid | ||
waste facility, land treatment facility, surface impoundment, or | ||
waste pile, or areal expansion of such a facility, if the facility | ||
is to be located on the recharge zone of: | ||
(1) a sole source aquifer; or | ||
(2) subject to Subsection (b), an aquifer that is | ||
designated by the Texas Water Development Board as a major aquifer. | ||
(b) The commission may issue a permit for a facility to be | ||
located on the recharge zone of a major aquifer that is not a sole | ||
source aquifer only if: | ||
(1) the aquifer is separated from the base of the | ||
containment structure by a minimum of 10 feet of material with a | ||
hydraulic conductivity toward the aquifer not greater than 10-7 | ||
centimeters per second or a thicker interval of more permeable | ||
material that provides equivalent or greater retardation to | ||
pollutant migration; | ||
(2) the facility will use double synthetic liners with | ||
a leak detection system between the liners; | ||
(3) in addition to other financial assurance | ||
requirements, the commission conditions the issuance of the permit | ||
on the applicant's execution of a bond in an amount sufficient to | ||
ensure the operational, closure, and post-closure responsibilities | ||
of the facility, but not less than $1 million; | ||
(4) the permit application demonstrates: | ||
(A) the need for the facility; and | ||
(B) that no nearby alternative location outside | ||
the recharge zone is available; and | ||
(5) for a facility located in a groundwater | ||
conservation district, the permit application contains: | ||
(A) if available, information regarding the uses | ||
of groundwater in the district and any historical data on record | ||
with the district, including subsurface geological data; and | ||
(B) proof of notice to the district that the | ||
applicant intends to file the application. | ||
(c) For a facility located in a groundwater conservation | ||
district, the determination of whether the facility is located on | ||
the recharge zone of a major aquifer is governed by the district's | ||
delineation of the recharge zone. | ||
SECTION 2. The changes in law made by this Act apply only to | ||
an application for the issuance of a permit pending before the Texas | ||
Commission on Environmental Quality on or after the effective date | ||
of this Act. A permit issued before the effective date of this Act | ||
is governed by the law in effect when the permit was issued, and the | ||
former law is continued in effect for that purpose. | ||
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, 2019. |