Bill Text: TX SB2155 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the issuance or amendment of a permit for a solid waste landfill facility or hazardous waste land disposal unit to be located in a special flood hazard area.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-29 - Referred to Natural Resources & Economic Development [SB2155 Detail]
Download: Texas-2017-SB2155-Introduced.html
By: Zaffirini | S.B. No. 2155 | |
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relating to the issuance or amendment of a permit for a solid waste | ||
landfill facility or hazardous waste land disposal unit to be | ||
located in a special flood hazard area. | ||
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 361.1232 to read as follows: | ||
Sec. 361.1232. LIMITATION ON MUNICIPAL SOLID WASTE LANDFILL IN | ||
SPECIAL FLOOD HAZARD AREA. | ||
(a) As used in this section, (1) "special flood hazard area" | ||
means the land in a floodplain subject to a 1 percent or greater | ||
chance of flooding in any given year as designated by the director | ||
or administrator of the Federal Emergency Management Agency; and | ||
(2) "facility" means all contiguous land and structures, other | ||
appurtenances (including drainage structures, groundwater | ||
monitoring wells, landfill gas probes, gate or scale houses), and | ||
improvements on land used for the storage, processing, management, | ||
or disposal of solid waste. | ||
(b) The commission may not issue a permit for a new | ||
municipal solid waste landfill facility or a lateral expansion of | ||
an existing municipal solid waste landfill facility that is | ||
conditioned on the removal of(1) any part of the planned new | ||
municipal solid waste landfill facility from a special flood hazard | ||
area, or (2) any part of the planned lateral expansion of an | ||
existing municipal solid waste facility from a special flood hazard | ||
area. | ||
(c) Except as provided by Subsection (d), the commission may | ||
not issue a permit for a new municipal solid waste landfill facility | ||
or for a lateral expansion of an existing municipal solid waste | ||
landfill if any part of the facility is in a special flood hazard | ||
area unless the applicant has obtained from the Federal Emergency | ||
Management Agency a letter of map amendment demonstrating that the | ||
location of the entire facility has been removed from the special | ||
flood hazard area. A conditional letter of map revision issued by | ||
the Federal Emergency Management Agency does not satisfy the | ||
requirements of this subsection. | ||
(d) The commission by rule may allow a new municipal solid | ||
waste landfill facility, or the lateral expansion of an existing | ||
municipal solid waste landfill facility, to be in a special flood | ||
hazard area, but only if the applicant or permit holder | ||
demonstrates, and the commission is satisfied and finds, that (1) | ||
no other suitable site for the facility outside of the special flood | ||
hazard area exists in the county in which the facility is or would | ||
be located; (2) removing the proposed site for the facility from the | ||
special flood hazard area would be prohibitively expensive; and (3) | ||
the facility is designed and will operate to prevent the washout or | ||
physical transport of any solid waste by a 100-year flood event. | ||
SECTION 2. Section 361.098 of Subchapter C, Chapter 361, | ||
Health and Safety Code, is amended to read as follows: | ||
(a) As used in this section, (1) "special flood hazard area" | ||
means the land in a floodplain subject to a 1 percent or greater | ||
chance of flooding in any given year as designated by the director | ||
or administrator of the Federal Emergency Management Agency; and | ||
(2) "facility" means all contiguous land and structures, other | ||
appurtenances (including drainage structures, groundwater | ||
monitoring wells, landfill gas probes, gate or scale houses), and | ||
improvements on land used for the storage, processing, management, | ||
or disposal of solid waste. | ||
(b) Except as provided by Subsections ( |
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commission by rule shall prohibit the issuance of a permit for a new | ||
hazardous waste landfill or an areal expansion of such a landfill if | ||
the landfill is to be located in a special flood hazard area [ |
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a landfill facility in a special flood hazard area [ |
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demonstrates, and the commission is satisfied and finds [ |
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other suitable site for the facility outside of the special flood | ||
hazard area exists in the county in which the facility is or would | ||
be located; (2) removing the proposed site for the facility from the | ||
special flood hazard area would be prohibitively expensive; | ||
and(3)the facility design will prevent the physical transport of | ||
any hazardous waste by a 100-year flood event. | ||
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permit for a new commercial hazardous waste land disposal unit if | ||
the unit is to be located in a special flood hazard area [ |
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demonstrates, and the commission is satisfied and finds [ |
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that (1) no other suitable site for the unit outside of a special | ||
flood hazard area exists in the county in which the unit is or would | ||
be located; (2) removing the proposed site for the unit from a | ||
special flood hazard area would be prohibitively expensive; | ||
and(3)the facility design will prevent the physical transport of | ||
any hazardous waste by a 100-year flood event. | ||
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provide sufficient information to assure that a proposed hazardous | ||
waste landfill, areal expansion of such landfill, or new commercial | ||
hazardous waste land disposal unit is not subject to inundation of a | ||
100-year flood event. An applicant or any other party may not rely | ||
solely on floodplain maps prepared by the Federal Emergency | ||
Management Agency or a successor agency to determine whether a | ||
hazardous waste landfill, areal expansion of such landfill, or | ||
commercial hazardous waste land disposal unit is subject to such an | ||
inundation. | ||
SECTION 3. Section 361.1232, Health and Safety Code, as | ||
added by this Act, and Section 361.098, Health and Safety Code, as | ||
amended by this Act, apply only to an application for the issuance | ||
or amendment of a permit for a solid waste landfill facility or | ||
hazardous waste land disposal unit that is pending before the Texas | ||
Commission on Environmental Quality on or after the effective date | ||
of this Act. A permit for a solid waste landfill facility or | ||
hazardous waste land disposal unit that is issued or amended before | ||
the effective date of this Act is governed by the law in effect when | ||
the permit was issued or amended, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 4. 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. |