By Pickett H.B. No. 963
74R3343 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to liner requirements for municipal solid waste landfills.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter C, Chapter 361, Health and Safety
1-5 Code, is amended by adding Section 361.116 to read as follows:
1-6 Sec. 361.116. LANDFILL LINERS. (a) The commission may not
1-7 require a municipal solid waste landfill to be lined unless, after
1-8 considering relevant conditions at the landfill site, including
1-9 projected annual precipitation, the commission finds that a lined
1-10 landfill will provide greater protection of groundwater quality or
1-11 public health than protection provided by an unlined landfill at
1-12 the site.
1-13 (b) The commission by rule shall provide:
1-14 (1) criteria for determining the need for a landfill
1-15 to be lined to protect groundwater quality or to protect public
1-16 health; and
1-17 (2) procedures for an applicant for a municipal solid
1-18 waste landfill permit to apply for an exemption from the
1-19 requirement of a liner at a specific site.
1-20 SECTION 2. The Texas Natural Resource Conservation
1-21 Commission shall adopt rules under Section 361.116, Health and
1-22 Safety Code, as added by this Act, not later than December 31,
1-23 1995.
1-24 SECTION 3. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended,
2-5 and that this Act take effect and be in force from and after its
2-6 passage, and it is so enacted.