| |
| |
| |
|
|
AN ACT
|
|
|
relating to the regulation of the use of an injection well to inject |
|
|
nonhazardous brine from a desalination operation or to inject |
|
|
nonhazardous drinking water treatment residuals. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Section 27.021, Water Code, is |
|
|
amended to read as follows: |
|
|
Sec. 27.021. PERMIT FOR DISPOSAL OF BRINE FROM DESALINATION |
|
|
OPERATIONS OR OF DRINKING WATER TREATMENT RESIDUALS IN CLASS I |
|
|
INJECTION WELLS. |
|
|
SECTION 2. Section 27.021(a), Water Code, is amended to |
|
|
read as follows: |
|
|
(a) The commission may issue a permit to dispose of brine |
|
|
produced by a desalination operation or of drinking water treatment |
|
|
residuals in a Class I injection well if the applicant for the |
|
|
permit meets all the statutory and regulatory requirements for the |
|
|
issuance of a permit for a Class I injection well. |
|
|
SECTION 3. Subchapter B, Chapter 27, Water Code, is amended |
|
|
by adding Section 27.023 to read as follows: |
|
|
Sec. 27.023. GENERAL PERMIT AUTHORIZING USE OF CLASS I |
|
|
INJECTION WELL TO INJECT NONHAZARDOUS BRINE FROM DESALINATION |
|
|
OPERATIONS OR NONHAZARDOUS DRINKING WATER TREATMENT RESIDUALS. (a) |
|
|
The commission may issue a general permit authorizing the use of a |
|
|
Class I injection well to inject nonhazardous brine from a |
|
|
desalination operation or to inject nonhazardous drinking water |
|
|
treatment residuals if the commission determines that the injection |
|
|
well and injection activities are more appropriately regulated |
|
|
under a general permit than under an individual permit based on |
|
|
findings that: |
|
|
(1) the general permit has been drafted to ensure that |
|
|
it can be readily enforced and that the commission can adequately |
|
|
monitor compliance with the terms of the general permit; and |
|
|
(2) the general permit will contain proper safeguards |
|
|
to protect ground and surface fresh water from pollution. |
|
|
(b) The commission shall publish notice of a proposed |
|
|
general permit in one or more newspapers of statewide or regional |
|
|
circulation and in the Texas Register. The notice must include an |
|
|
invitation for written comments by the public to the commission |
|
|
regarding the proposed general permit and shall be published not |
|
|
later than the 30th day before the date the commission adopts the |
|
|
general permit. The commission by rule may require additional |
|
|
notice to be given. |
|
|
(c) The commission may hold a public meeting to provide an |
|
|
additional opportunity for public comment. The commission shall |
|
|
give notice of the public meeting under this subsection by |
|
|
publication in the Texas Register not later than the 30th day before |
|
|
the date of the meeting. |
|
|
(d) The commission shall issue a written response to |
|
|
comments on the general permit at the same time the commission |
|
|
issues or denies the permit. The response to comments is available |
|
|
to the public and shall be mailed to each person who made a comment. |
|
|
(e) A general permit may provide that an owner of a Class I |
|
|
injection well may obtain authorization to use the well to inject |
|
|
nonhazardous brine from a desalination operation or to inject |
|
|
nonhazardous drinking water treatment residuals under a general |
|
|
permit by submitting to the commission written notice of intent to |
|
|
be covered by the general permit. The commission by rule shall |
|
|
establish the requirements for the notice of intent, including the |
|
|
information that an owner of an injection well subject to a general |
|
|
permit must submit to authorize the use of the well under the |
|
|
general permit. A general permit may authorize the use of an |
|
|
injection well under the general permit on filing a complete and |
|
|
accurate notice of intent, including all information required by |
|
|
the commission's rules to be submitted, or it may specify a date or |
|
|
period of time after the commission receives the notice of intent, |
|
|
including the required information, on which the use of an |
|
|
injection well is authorized unless the executive director before |
|
|
that time notifies the owner that it is not eligible under the |
|
|
general permit. |
|
|
(f) Authorization for the use of an injection well under a |
|
|
general permit does not confer a vested right. After written notice |
|
|
to the owner of an injection well, the executive director may |
|
|
suspend authorization for the use of the well under a general permit |
|
|
and may require the owner to obtain authorization for the use of the |
|
|
well under an individual permit. |
|
|
(g) Notwithstanding the other provisions of this chapter, |
|
|
the commission, after hearing, shall deny or suspend authorization |
|
|
for the use of an injection well under a general permit if the |
|
|
commission determines that the owner's compliance history is in the |
|
|
lowest classification under Sections 5.753 and 5.754 and rules |
|
|
adopted and procedures developed under those sections. A hearing |
|
|
under this subsection is not subject to the requirements relating |
|
|
to a contested case hearing under Chapter 2001, Government Code. |
|
|
(h) A general permit may be issued for a term not to exceed |
|
|
10 years. After notice and comment as provided by Subsections |
|
|
(b)-(d), a general permit may be amended, revoked, or canceled by |
|
|
the commission or renewed by the commission for an additional term |
|
|
or terms not to exceed 10 years each. A general permit remains in |
|
|
effect until amended, revoked, or canceled by the commission or, |
|
|
unless renewed by the commission, until expired. If before a |
|
|
general permit expires the commission proposes to renew that |
|
|
general permit, that general permit remains in effect until the |
|
|
date on which the commission takes final action on the proposed |
|
|
renewal. |
|
|
(i) The commission may add or delete requirements for a |
|
|
general permit through a renewal or amendment process. The |
|
|
commission shall provide a reasonable time to allow an owner of an |
|
|
injection well to make the changes necessary to comply with the |
|
|
additional requirements. |
|
|
(j) The commission may impose a fee for the submission of a |
|
|
notice of intent to be covered by the general permit. The fee must |
|
|
be in the same amount as a fee collected under Section 27.014. |
|
|
(k) The issuance, amendment, renewal, suspension, |
|
|
revocation, or cancellation of a general permit or the |
|
|
authorization for the use of an injection well under a general |
|
|
permit is not subject to the requirements relating to a contested |
|
|
case hearing under Chapter 2001, Government Code. |
|
|
(l) The use or disposal of radioactive material under this |
|
|
section is subject to the applicable requirements of Chapter 401, |
|
|
Health and Safety Code. |
|
|
(m) The commission may adopt rules as necessary to implement |
|
|
and administer this section. |
|
|
SECTION 4. Section 27.0511, Water Code, is amended by |
|
|
amending Subsection (g) and adding Subsection (h) to read as |
|
|
follows: |
|
|
(g) Except as provided by Subsection (h), a [No] person may |
|
|
not continue utilizing or begin utilizing industrial or municipal |
|
|
waste as an injection fluid for enhanced recovery purposes without |
|
|
first obtaining a permit from the commission. |
|
|
(h) The railroad commission may authorize a person to |
|
|
utilize nonhazardous brine from a desalination operation or |
|
|
nonhazardous drinking water treatment residuals as an injection |
|
|
fluid for enhanced recovery purposes without first obtaining a |
|
|
permit from the commission. The use or disposal of radioactive |
|
|
material under this subsection is subject to the applicable |
|
|
requirements of Chapter 401, Health and Safety Code. |
|
|
SECTION 5. Section 361.086, Health and Safety Code, is |
|
|
amended by amending Subsection (a) and adding Subsection (d) to |
|
|
read as follows: |
|
|
(a) Except as provided by Subsection (d), a [A] separate |
|
|
permit is required for each solid waste facility. |
|
|
(d) A separate permit is not required for activities |
|
|
authorized by a general permit issued under Section 27.023, Water |
|
|
Code. |
|
|
SECTION 6. Section 27.014, Water Code, is amended to read as |
|
|
follows: |
|
|
Sec. 27.014. APPLICATION FEE. With each application for a |
|
|
disposal well permit, the commission shall collect a fee in the |
|
|
amount provided by and under the terms of Section 5.701 [5.235]. |
|
|
SECTION 7. This Act takes effect September 1, 2007. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2654 was passed by the House on May 4, |
|
|
2007, by the following vote: Yeas 144, Nays 0, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 2654 was passed by the Senate on May |
|
|
23, 2007, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |