Bill Text: TX HB1914 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to financial assurance required for certain commercial or municipal solid waste facilities by the Texas Commission on Environmental Quality.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-27 - Committee report sent to Calendars [HB1914 Detail]
Download: Texas-2011-HB1914-Comm_Sub.html
| 82R18055 JTS-F | |||
| By: Smith of Harris | H.B. No. 1914 | ||
| Substitute the following for H.B. No. 1914: | |||
| By: Legler | C.S.H.B. No. 1914 | ||
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| relating to financial assurance required for certain commercial or | ||
| municipal solid waste facilities by the Texas Commission on | ||
| Environmental Quality. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 361, Health and Safety | ||
| Code, is amended by adding Section 361.0851 to read as follows: | ||
| Sec. 361.0851. ADDITIONAL FINANCIAL ASSURANCE REQUIREMENTS | ||
| FOR CERTAIN COMMERCIAL OR MUNICIPAL SOLID WASTE FACILITIES. (a) | ||
| The commission shall adopt rules to require additional financial | ||
| assurance for a commercial or municipal solid waste facility, | ||
| including a facility for which a permit or registration described | ||
| by Section 361.085(k) is issued, if the facility: | ||
| (1) treats or processes liquid waste or industrial | ||
| nonhazardous liquid waste for disposal off-site or for discharge; | ||
| (2) has: | ||
| (A) a record of significant noncompliance with | ||
| permitted limits; or | ||
| (B) no compliance record; and | ||
| (3) is not owned by, operated by, or affiliated with a | ||
| local government or a person that has a permit to dispose of | ||
| municipal solid waste. | ||
| (b) For the purposes of Subsection (a), a facility has a | ||
| record of significant noncompliance with permitted limits if, in | ||
| the preceding five years, the owner or operator of the facility: | ||
| (1) has been issued by the commission a final order, a | ||
| notice of enforcement, or two or more notices of violation alleging | ||
| or finding that the facility: | ||
| (A) accepted unauthorized waste; | ||
| (B) accepted waste in an amount that exceeds a | ||
| permit limit by more than five percent; or | ||
| (C) discharged water or waste without | ||
| authorization; or | ||
| (2) has been subject to a civil or criminal penalty for | ||
| actions at the facility described by Subdivision (1). | ||
| (c) This section does not apply to: | ||
| (1) a composting facility; | ||
| (2) a site at which sludge is applied; or | ||
| (3) a municipal solid waste management facility exempt | ||
| from permit requirements under Section 361.111. | ||
| SECTION 2. This Act takes effect September 1, 2011. | ||
