By: Sims S.B. No. 639
A BILL TO BE ENTITLED
AN ACT
1-1 relating to solid waste permits.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 361.068, Health and Safety Code, is
1-4 amended to read as follows:
1-5 Sec. 361.068. When Application is Administratively Complete.
1-6 (a) A permit application is administratively complete when:
1-7 (1) a complete permit application form and the report
1-8 and fees required to be submitted with a permit application have
1-9 been submitted to the department or the commission; and
1-10 (2) the permit application is ready for technical
1-11 review in accordance with the rules of the board of health or
1-12 commission.
1-13 (b) Once a determination of application administrative or
1-14 technical completeness has been made and the permit application has
1-15 become the subject of a contested case as defined in Section 3,
1-16 Administrative Procedure and Texas Register Act (Article 6252-13a,
1-17 Vernon's Texas Civil Statutes):
1-18 (1) the determination of application administrative or
1-19 technical completeness may not be revoked by the commission;
1-20 (2) additional information may be requested from the
1-21 applicant, but only when necessary to clarify, modify, or
1-22 supplement previously submitted material, provided that all parties
1-23 may engage in discovery against all other parties, as provided by
2-1 applicable law; and
2-2 (3) requests for such additional information will not
2-3 render the application incomplete.
2-4 (c) Subsection (b) does not preclude an informal disposition
2-5 of any contested case by stipulation, agreed settlement, consent
2-6 order, or default.
2-7 SECTION 2. Section 361.0791, Health and Safety Code, is
2-8 amended to read as follows:
2-9 Sec. 361.0791. Public Meeting and Notice Requirement.
2-10 (a) Notwithstanding other law, the commission shall hold a public
2-11 meeting on an application for a new hazardous waste management
2-12 facility in the county in which the proposed hazardous waste
2-13 management facility is to be located. The commission, on request
2-14 of a person affected or as otherwise required by commission rule,
2-15 shall hold a public meeting on an application for a Class 3
2-16 modification or a major amendment to an existing facility's
2-17 hazardous waste permit.
2-18 (b) Notwithstanding other law, the commission shall hold a
2-19 public meeting on an application for a new municipal solid waste
2-20 management facility in the county in which the proposed municipal
2-21 solid waste management facility is to be located.
2-22 (c) A public meeting held as part of a local review process
2-23 under Section 361.063 meets the requirement of Subsection (a) or
2-24 (b) if notice is provided as required by this section.
2-25 (d) <(c)> A public meeting under this section is not a
3-1 contested case hearing under the Administrative Procedure and Texas
3-2 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
3-3 (e) <(d)> If a meeting is required under Subsection (a), not
3-4 less than once each week during the three weeks preceding a public
3-5 meeting, the applicant shall publish notice of the meeting in the
3-6 newspaper of the largest general circulation that is published in
3-7 the county in which the proposed facility is to be located or, if
3-8 no newspaper is published in the county, in a newspaper of general
3-9 circulation in the county. The applicant shall provide the
3-10 commission, department, or Texas Air Control Board, as appropriate,
3-11 an affidavit certifying that the notice was given as required by
3-12 this section. Acceptance of the affidavit creates a rebuttable
3-13 presumption that the applicant has complied with this section.
3-14 (f) <(e)> The published notice may not be smaller than 96.8
3-15 square centimeters or 15 square inches with the shortest dimension
3-16 at least 7.6 centimeters or three inches and shall contain, at a
3-17 minimum, the following information:
3-18 (1) the permit application number;
3-19 (2) the applicant's name;
3-20 (3) the proposed location of the facility; and
3-21 (4) the location and availability of copies of the
3-22 permit application.
3-23 (g) <(f)> The applicant shall pay the cost of notice
3-24 required to be provided under this section. The commission by rule
3-25 may establish procedures for payment of those costs.
4-1 SECTION 3. Subsection (b), Section 361.081, Health and
4-2 Safety Code, is amended to read as follows:
4-3 (b) The applicant must certify to the department or
4-4 commission that the mailings were deposited as required by
4-5 Subsection (a). Acceptance of the certification creates a
4-6 rebuttable presumption that the applicant has complied with this
4-7 section. Substantial compliance with the notice requirements of
4-8 Subsection (a) is sufficient for the commission to exercise
4-9 jurisdiction over an application for a solid waste management
4-10 facility.
4-11 SECTION 4. Subsection (b), Section 361.137, Health and
4-12 Safety Code, is amended to read as follows:
4-13 (b) The commission by rule shall establish the fee for
4-14 permit applications at an amount that is reasonable to recover the
4-15 demonstrable costs of processing an application and developing a
4-16 draft permit, but that is not less than $2,000 nor more than
4-17 $50,000. No additional fee shall be assessed for a draft permit
4-18 returned for further processing as long as the application is not
4-19 withdrawn.
4-20 SECTION 5. (a) The changes in law made by Section 361.068
4-21 and Subsection (b), Section 361.137, Health and Safety Code, as
4-22 amended by this Act, apply to an application for a permit under
4-23 Subchapter C, Chapter 361, Health and Safety Code, that is:
4-24 (1) pending before the Texas Water Commission or its
4-25 successor on the date on which this bill was filed, which was March
5-1 12, 1993; or
5-2 (2) initiated on or after the date on which this bill
5-3 was filed, which was March 12, 1993.
5-4 (b) The change in law made by Section 361.0791, Health and
5-5 Safety Code, as amended by this Act, applies only to an application
5-6 for a permit under Subchapter C, Chapter 361, Health and Safety
5-7 Code, that is received by the Texas Water Commission or its
5-8 successor on or after the effective date of this Act.
5-9 (c) The change in law made by Subsection (b), Section
5-10 361.081, Health and Safety Code, as amended by this Act, is meant
5-11 to clarify existing law and applies to an application for a permit
5-12 under Subchapter C, Chapter 361, Health and Safety Code, that is:
5-13 (1) received by the Texas Water Commission or its
5-14 successor on or after the effective date of this Act; or
5-15 (2) pending before the Texas Water Commission or its
5-16 successor on the effective date of this Act.
5-17 SECTION 6. The importance of this legislation and the
5-18 crowded condition of the calendars in both houses create an
5-19 emergency and an imperative public necessity that the
5-20 constitutional rule requiring bills to be read on three several
5-21 days in each house be suspended, and this rule is hereby suspended,
5-22 and that this Act take effect and be in force from and after its
5-23 passage, and it is so enacted.