Bill Text: TX SB2154 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the amendment to an existing permit for a municipal solid waste landfill facility to accept increased amounts of Class 1 industrial solid waste.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-29 - Referred to Natural Resources & Economic Development [SB2154 Detail]
Download: Texas-2017-SB2154-Introduced.html
By: Zaffirini | S.B. No. 2154 | |
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relating to the amendment to an existing permit for a municipal | ||
solid waste landfill facility to accept increased amounts of Class | ||
1 industrial solid waste. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 361.088 of Subchapter C, Chapter 361, | ||
Health and Safety Code, is amended to read as follows: | ||
(a) The commission may amend, extend, or renew a permit it | ||
issues in accordance with reasonable procedures prescribed by the | ||
commission. | ||
(b) The procedures prescribed by Section 361.067 for a | ||
permit application apply to an application to amend, extend, or | ||
renew a permit. | ||
(c) Except as provided by Subsection |
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is issued, amended, extended, or renewed, the commission shall | ||
provide an opportunity for a hearing to the applicant and persons | ||
affected. The commission may also hold a hearing on its own motion. | ||
(d) In addition to providing an opportunity for a hearing | ||
held under this section, the commission shall hold a public meeting | ||
and give notice as provided by Section 361.0791. | ||
(e) A permitted municipal solid waste landfill facility is | ||
prohibited from accepting Class 1 industrial solid wastes in excess | ||
of 20% of the total amount of waste (not including Class 1 wastes) | ||
accepted during the current or previous year, unless specifically | ||
authorized to do so by the existing facility permit. The commission | ||
may allow an increase in the rate of Class 1 waste acceptance in | ||
excess of 20% of the total amount of waste (not including Class 1 | ||
wastes) accepted during the current or previous year if, on | ||
application for authorization to exceed the 20% limit, the | ||
commission finds that a need exists for a higher rate of disposal of | ||
Class 1 wastes because of the lack of available capacity in the | ||
appropriate regional council of government. The commission shall | ||
treat an application for authorization to exceed the 20% limit as a | ||
major amendment to an existing municipal solid waste permit. In no | ||
event shall the commission allow the rate of acceptance of Class 1 | ||
wastes to exceed 50% of the total amount of wastes (not including | ||
Class 1 wastes) accepted. The amount of waste may be determined by | ||
volume or by weight, but the same unit of measure must be used for | ||
each year, unless a variance is authorized by the executive | ||
director of the commission. | ||
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Code, the commission, without providing an opportunity for a | ||
contested case hearing, may act on an application to renew a permit | ||
for: | ||
(1) storage of hazardous waste in containers, tanks, | ||
or other closed vessels if the waste: | ||
(A) was generated on-site; and | ||
(B) does not include waste generated from other | ||
waste transported to the site; and | ||
(2) processing of hazardous waste if: | ||
(A) the waste was generated on-site; | ||
(B) the waste does not include waste generated | ||
from other waste transported to the site; and | ||
(C) the processing does not include thermal | ||
processing. | ||
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commission determines that an applicant's compliance history under | ||
the method for evaluating compliance history developed by the | ||
commission under Section 5.754, Water Code, raises an issue | ||
regarding the applicant's ability to comply with a material term of | ||
its permit, the commission shall provide an opportunity to request | ||
a contested case hearing. | ||
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this chapter every five years to assess the permit holder's | ||
compliance history. | ||
SECTION 2. Section 361.088, Health Code and Safety Code, as | ||
amended by this Act, applies to any municipal solid waste landfill | ||
facility permitted after October 9, 1993, and to any application by | ||
a municipal solid waste landfill facility permit holder for | ||
authorization to increase the rate of Class 1 waste acceptance in | ||
excess of 20% of the total amount of waste (not including Class 1 | ||
wastes) accepted during the current or previous year that is | ||
pending before the commission of the effective date of this Act. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |