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AN ACT
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relating to the prevention of surface water or groundwater |
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pollution from certain evaporation pits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 26, Water Code, is amended |
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by adding Section 26.132 to read as follows: |
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Sec. 26.132. EVAPORATION PITS REQUIREMENTS. (a) In this |
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section, "evaporation pit" means a pit into which water, including |
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rainwater or storm water runoff, is or has been placed and retained |
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for the purpose of collecting, after the water's evaporation, brine |
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water or residual minerals, salts, or other substances present in |
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the water, and for the purpose of storing brine water and minerals. |
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(b) This section applies only to evaporation pits: |
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(1) operated for the commercial production of brine |
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water, minerals, salts, or other substances that naturally occur in |
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groundwater; and |
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(2) that are not regulated by the Railroad Commission |
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of Texas. |
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(c) The owner or operator of an evaporation pit shall ensure |
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that the pit is lined as provided by this subsection and rules |
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adopted under this subsection. An evaporation pit must have a liner |
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designed by an engineer who holds a license issued under Chapter |
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1001, Occupations Code, to minimize surface water and groundwater |
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pollution risks. The liner must meet standards at least as |
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stringent as those adopted by the commission for a Type I landfill |
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managing Class I industrial solid waste. |
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(d) An owner or operator may not place or permit the |
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placement of groundwater or on-site storm water runoff into an |
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evaporation pit if the pit does not comply with this section or with |
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rules adopted or orders issued under this section. |
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(e) The owner or operator of an evaporation pit shall ensure |
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that: |
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(1) storm water runoff is diverted away from or |
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otherwise prevented from entering the evaporation pit; and |
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(2) all berms and other structures used to manage |
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storm water are properly constructed and maintained in a manner to |
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prevent the threat of water pollution from the evaporation pit. |
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(f) The owner or operator of an evaporation pit may not by |
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act or omission cause: |
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(1) water pollution from the evaporation pit; or |
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(2) a discharge from the evaporation pit into or |
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adjacent to water in the state. |
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(g) The owner or operator of an evaporation pit shall ensure |
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that the pit is located so that a failure of the pit or a discharge |
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from the pit does not result in an adverse effect on water in the |
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state. |
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(h) The owner or operator of an evaporation pit shall |
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provide the commission with proof that the owner or operator has |
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financial assurance adequate to ensure satisfactory closure of the |
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pit. |
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(i) The owner or operator of an evaporation pit shall |
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provide the commission with proof that the owner or operator of the |
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pit has a third party pollution liability insurance policy that: |
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(1) is issued by an insurance company authorized to do |
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business in this state that has a rating by the A. M. Best Company of |
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"A-" or better; |
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(2) covers bodily injury and property damage to third |
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parties caused by accidental sudden or nonsudden occurrences |
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arising from operations at the pit; and |
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(3) is in an amount of not less than $3 million. |
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(j) The commission shall adopt rules as necessary to protect |
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surface water and groundwater quality from the risks presented by |
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commercial evaporation pits and as necessary to administer and |
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enforce this section, including rules: |
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(1) governing the location, design, construction, |
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capacity, operations, maintenance, and closure of evaporation |
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pits; |
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(2) ensuring that the owner or operator of an |
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evaporation pit has adequate financial assurance; and |
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(3) requiring an owner or operator of an evaporation |
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pit to obtain a permit from the commission for the operation of the |
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pit. |
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(k) The commission shall impose against the owners of |
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evaporation pits fees in amounts necessary to recover the costs of |
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administering this section. |
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SECTION 2. (a) Section 26.132, Water Code, as added by |
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this Act, applies to the owner or operator of an evaporation pit |
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only after the effective date of rules adopted by the Texas |
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Commission on Environmental Quality under that section. |
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(b) Section 26.132, Water Code, as added by this Act, |
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applies to an evaporation pit in operation on or after the effective |
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date of the rules adopted by the Texas Commission on Environmental |
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Quality under that section regardless of the date the pit entered |
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operation. |
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(c) The Texas Commission on Environmental Quality shall |
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adopt rules under Section 26.132, Water Code, as added by this Act, |
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as soon as practicable after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ ______________________________ |
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President of the Senate Speaker of the House |
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I hereby certify that S.B. No. 1037 passed the Senate on |
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April 26, 2007, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 18, 2007, by the |
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following vote: Yeas 29, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1037 passed the House, with |
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amendment, on May 16, 2007, by the following vote: Yeas 145, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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______________________________ |
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Date |
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______________________________ |
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______________________________ |
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Governor |