By: Rabuck H.B. No. 782
73R370 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to inventories of solid waste delivered to a county
1-3 landfill for storage, processing, or disposal; providing a criminal
1-4 penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 364, Health and Safety
1-7 Code, is amended by adding Sections 364.017 and 364.018 to read as
1-8 follows:
1-9 Sec. 364.017. INVENTORY OF SOLID WASTE DELIVERED TO COUNTY
1-10 LANDFILL; PENALTY. (a) A commissioners court by order may require
1-11 a transporter of solid waste who delivers solid waste to a landfill
1-12 in the county for storage, processing, or disposal to provide to
1-13 the operator of the landfill or the operator's supervising
1-14 employee, at the point and time of delivery, an inventory of the
1-15 solid wastes being delivered. The order must apply generally to
1-16 transporters of solid waste that deliver to a landfill.
1-17 (b) The inventory required under this section shall be on a
1-18 form prescribed by the commission and shall:
1-19 (1) identify the types of waste being delivered,
1-20 including toxic wastes and medical or infectious wastes, under
1-21 categories established and defined by rule of the Texas Natural
1-22 Resource Conservation Commission in accordance with existing state
1-23 and federal law;
1-24 (2) state the specific source of each type of waste
2-1 listed, including the name of the generator of the waste, the
2-2 location at which the waste was generated, and the location at
2-3 which the waste was loaded for transport and delivery to the
2-4 landfill;
2-5 (3) state the quantity of each type of waste listed;
2-6 and
2-7 (4) record the time and method of delivery.
2-8 (c) The operator of a landfill, on the first business day of
2-9 each calendar month, shall send to the commissioners court of the
2-10 county in which the landfill is located copies of all inventories
2-11 presented to the operator or supervising employee under this
2-12 section during the preceding calendar month.
2-13 (d) A person commits an offense if the person knowingly
2-14 omits or causes to be omitted material information or knowingly
2-15 makes or causes to be made any false material statement or
2-16 representation on an inventory required by a commissioners court
2-17 under this section. An offense under this subsection is a Class C
2-18 misdemeanor.
2-19 Sec. 364.018. PROHIBITION OF WASTE. (a) A commissioners
2-20 court may by order prohibit the disposal of a type of solid waste
2-21 that the court determines presents a danger to the public health,
2-22 safety, or welfare or to the environment of the county.
2-23 (b) A public hearing must be held on the proposed order
2-24 before the order is adopted by the court. The court shall allow
2-25 any interested citizen of the county to testify at the hearing.
2-26 (c) The proposed order must be published for two consecutive
2-27 weeks in a newspaper of general circulation in the county before
3-1 the court may consider adopting the order. The publication of the
3-2 order must include:
3-3 (1) a statement of the time, place, and date of the
3-4 hearing at which the court will consider the proposed order; and
3-5 (2) notice that any interested citizen of the county
3-6 may testify at the hearing.
3-7 (d) Subsection (a) does not apply to industrial solid waste
3-8 disposal practices and areas to which Section 361.090 applies.
3-9 SECTION 2. This Act takes effect September 1, 1993.
3-10 SECTION 3. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.