Enrolled Bill Summary

            Senate Bill 486 amends provisions of the Solid Waste Disposal Act relating to the authority of local governments to regulate the disposal of solid waste. The act establishes that a municipality or county may not prohibit the processing or disposal of municipal or industrial solid waste in any area where a solid waste permit has been issued or an application for a permit has been filed and is pending before the Texas Natural Resource Conservation Commission (TNRCC). The TNRCC may not approve an application for a waste disposal permit in an area where disposal is prohibited by a municipal or county ordinance unless the above-mentioned provisions were violated.

            Senate Bill 486 also requires the TNRCC to establish, by rule, a deadline for submission of additional information or materials requested from an applicant for a solid waste permit. The act requires the applicant to submit the information by the deadline in order to make the application administratively complete and removes the current statutory deadline of 270 days after the applicant receives notice of the request from the TNRCC.

            Finally, the act requires the TNRCC to require owners of certain closed municipal solid waste landfills to take remedial action to prevent or minimize release or migration of waste. The provision applies only to such a facility that has been used for disposal of more than 15,000 barrels of industrial solid waste. The owner of the facility must develop a remedial action plan and obtain a major amendment to the facility's permit approving such a plan.