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