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A BILL TO BE ENTITLED
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AN ACT
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relating to road specifications and safety standards for access to |
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a solid waste facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.125 to read as follows: |
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Sec. 361.125. ROAD SPECIFICATIONS AND SAFETY STANDARDS FOR |
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ACCESS TO SOLID WASTE FACILITY. (a) The commission by rule shall: |
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(1) adopt specific, uniform road specifications and |
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safety standards for access to solid waste facilities that accept |
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or process municipal solid waste or hazardous waste; and |
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(2) require as a condition of a permit that the permit |
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holder comply with the rules adopted under Subdivision (1). |
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(b) Rules adopted under Subsection (a)(1) must: |
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(1) include standards or requirements for: |
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(A) safe railroad grade crossings; |
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(B) spill containment in high-risk areas; |
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(C) sufficient flood protection; |
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(D) vehicle weight and load limits that ensure |
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the access of commercial motor vehicles to the solid waste facility |
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without causing damage to the access routes; |
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(E) sight distance, as that term is defined by |
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Section 255.001, Transportation Code; and |
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(F) appropriate traffic control devices and |
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lighting; |
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(2) require the permit holder to be financially |
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responsible for access route improvements and maintenance; and |
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(3) require the permit holder to provide access to the |
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solid waste facility only through: |
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(A) a public highway; |
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(B) a dedicated county or municipal road; |
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(C) an easement for which the permit holder holds |
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a fee simple title; or |
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(D) an easement for which all owners of the |
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easement have agreed in writing to the use of the easement for |
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ingress and egress to the facility. |
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(c) The commission shall enforce this section, including |
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rules adopted under this section and conditions imposed under a |
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rule adopted under this section, and take an enforcement action |
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against a permit holder who violates this section. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Texas Commission on Environmental Quality shall |
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adopt the rules required by Section 361.125, Health and Safety |
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Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |