Bill Text: TX HB4486 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the regulation of solid waste facilities; imposing a fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-05-01 - Left pending in committee [HB4486 Detail]
Download: Texas-2019-HB4486-Introduced.html
By: Thompson of Brazoria | H.B. No. 4486 |
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relating to the regulation of solid waste facilities; imposing a | ||
fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 361.061, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 361.061. PERMITS; SOLID WASTE FACILITY. (a) Except as | ||
provided by Section 361.090 with respect to certain industrial | ||
solid waste, the commission may require and issue permits | ||
authorizing and governing the construction, operation, and | ||
maintenance of the solid waste facilities used to store, process, | ||
or dispose of solid waste under this chapter. | ||
(b) The commission may not approve or allow special | ||
conditions for the approval of an application for a permit or an | ||
amendment to a permit issued under this chapter unless the | ||
applicant has satisfied all the requirements of this chapter and | ||
rules adopted under this chapter and other requirements of state | ||
and local law, including requirements relating to authorizations | ||
from local governments and requirements relating to siting in a | ||
floodplain. | ||
SECTION 2. Subchapter C, Chapter 361, Health and Safety | ||
Code, is amended by adding Section 361.0675 to read as follows: | ||
Sec. 361.0675. APPLICATION FEE FOR PERMIT FOR MUNICIPAL | ||
SOLID WASTE FACILITY. The commission shall charge an applicant for | ||
a permit for a municipal solid waste facility an application fee of | ||
$2,000. | ||
SECTION 3. Section 361.088, Health and Safety Code, is | ||
amended by adding Subsection (h) to read as follows: | ||
(h) Before a permit for a proposed municipal solid waste | ||
management facility is issued, amended, extended, or renewed, the | ||
commission shall inspect the facility or site used or proposed to | ||
be used to store, process, or dispose of municipal solid waste to | ||
confirm information included in the permit application. The | ||
commission by rule shall prescribe the kinds of information in a | ||
permit application that require confirmation under this | ||
subsection. | ||
SECTION 4. Section 7.003, Water Code, is amended by adding | ||
Subsection (d) to read as follows: | ||
(d) This subsection applies to an enforcement action for | ||
which a decision or order of the commission has become final as | ||
provided by Section 2001.144, Government Code, and that involves a | ||
violation of Chapter 361, Health and Safety Code, by or at a | ||
municipal solid waste facility. On the request of a state senator | ||
or state representative, the commission quarterly shall conduct in | ||
the county in which the facility that is the subject of the | ||
enforcement action is located a public informational meeting | ||
regarding the status of the enforcement action. A representative | ||
of the facility that is the subject of the enforcement action must | ||
attend a meeting held under this subsection and must make a | ||
reasonable effort to respond to questions relevant to the | ||
enforcement action at the meeting. The commission shall post | ||
notice of the meeting on the commission's Internet website and | ||
publish the notice once a week for two consecutive weeks before the | ||
meeting in one or more newspapers having general circulation in the | ||
county in which the meeting will be held. The notice must state the | ||
time, location, and subject matter of the meeting. The owner of the | ||
facility that is the subject of the enforcement action must | ||
reimburse the commission for the cost of publishing notice under | ||
this section. | ||
SECTION 5. Section 7.053, Water Code, is amended to read as | ||
follows: | ||
Sec. 7.053. FACTORS TO BE CONSIDERED IN DETERMINATION OF | ||
PENALTY AMOUNT. In determining the amount of an administrative | ||
penalty, the commission shall consider: | ||
(1) the nature, circumstances, extent, duration, and | ||
gravity of the prohibited act, with special emphasis on: | ||
(A) the impairment of existing water rights; | ||
(B) [ |
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to the health or safety of the public; or | ||
(C) whether the prohibited act created or is a | ||
public nuisance; | ||
(2) the impact of the violation on: | ||
(A) air quality in the region; | ||
(B) a receiving stream or underground water | ||
reservoir; | ||
(C) instream uses, water quality, aquatic and | ||
wildlife habitat, or beneficial freshwater inflows to bays and | ||
estuaries; or | ||
(D) affected persons; | ||
(3) with respect to the alleged violator: | ||
(A) the history and extent of previous | ||
violations; | ||
(B) the degree of culpability, including whether | ||
the violation was attributable to mechanical or electrical failures | ||
and whether the violation could have been reasonably anticipated | ||
and avoided; | ||
(C) the demonstrated good faith, including | ||
actions taken by the alleged violator to rectify the cause of the | ||
violation and to compensate affected persons; | ||
(D) economic benefit gained through the | ||
violation; and | ||
(E) the amount necessary to deter future | ||
violations; and | ||
(4) any other matters that justice may require. | ||
SECTION 6. Section 2003.047, Government Code, is amended by | ||
adding Subsections (d-1) and (l-1) to read as follows: | ||
(d-1) For the purposes of Subsection (d), to be eligible to | ||
preside at a hearing related to a permit for a municipal solid waste | ||
facility, an administrative law judge must have experience with | ||
solid waste engineering or management. | ||
(l-1) For a hearing related to a permit for a municipal | ||
solid waste facility, the administrative law judge shall: | ||
(1) present the findings of fact, conclusions of law, | ||
and any ultimate findings under Subsection (l) at an open meeting of | ||
the commission; and | ||
(2) answer questions related to the findings and | ||
conclusions asked by the commissioners. | ||
SECTION 7. Subchapter C, Chapter 361, Health and Safety | ||
Code, is amended by adding Section 361.0661 to read as follows: | ||
Sec. 361.0661. REVIEW OF PERMIT APPLICATION FOR MUNICIPAL | ||
SOLID WASTE FACILITY; NOTICE OF DEFICIENCY. (a) The commission | ||
shall review each application for a permit for a municipal solid | ||
waste facility promptly. | ||
(b) If after review of an application described by | ||
Subsection (a), the commission finds that necessary information is | ||
omitted from the application, that the application contains | ||
incorrect information that is material to the application, or that | ||
more information is necessary to complete the processing of the | ||
application, the commission shall issue a notice of deficiency and | ||
order the information to be provided to the commission not later | ||
than the 60th day after the date the notice is issued. If the | ||
information is not provided to the commission on or before that | ||
date, the commission shall dismiss the application. | ||
(c) The commission may issue a notice of deficiency for an | ||
application described by Subsection (a) only for the reasons | ||
specified by Subsection (b). For purposes of determining whether | ||
an application contains incorrect information that is material to | ||
the application, the commission may not consider administrative or | ||
clerical errors, including typographical errors. | ||
(d) To the extent of a conflict between this section and | ||
Section 361.066 or a rule adopted under that section, this section | ||
controls. | ||
(e) The commission may adopt rules as necessary to implement | ||
this section. | ||
SECTION 8. As soon as practicable after the effective date | ||
of this Act, the Texas Commission on Environmental Quality shall | ||
adopt or modify any rules necessary to implement the changes in law | ||
made by this Act. | ||
SECTION 9. This Act takes effect September 1, 2019. |