By Kuempel, Walker H.B. No. 2349
74R4968 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of sanitary landfills.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 361, Health and Safety
1-5 Code, is amended by adding Sections 361.040 and 361.041 to read as
1-6 follows:
1-7 Sec. 361.040. FEDERAL STANDARDS FOR SANITARY LANDFILLS. The
1-8 commission may not impose a standard or requirement on a sanitary
1-9 landfill that is more stringent than a standard or requirement
1-10 required by the United States Environmental Protection Agency under
1-11 Subchapter IV, Solid Waste Disposal Act, as amended (42 U.S.C.
1-12 Section 6941 et seq.). In developing sanitary landfill standards
1-13 or requirements, the commission shall allow the maximum flexibility
1-14 permissible under regulations of the United States Environmental
1-15 Protection Agency for alternative landfill designs.
1-16 Sec. 361.041. REVIEW OF SANITARY LANDFILL STANDARDS. (a)
1-17 The owner of a sanitary landfill who in good faith believes that a
1-18 standard or requirement the commission imposes on the landfill is
1-19 more stringent than a standard or requirement required by the
1-20 United States Environmental Protection Agency under Subchapter IV,
1-21 Solid Waste Disposal Act, as amended (42 U.S.C. Section 6941 et
1-22 seq.), may submit to the executive director a written request for a
1-23 review of the commission's standard or requirement and the federal
1-24 standard or requirement. The request must summarize the owner's
2-1 interpretation of the federal standard or requirement that the
2-2 owner believes is less stringent than the standard or requirement
2-3 imposed by the commission.
2-4 (b) On receipt of a request for a review under Subsection
2-5 (a), the executive director shall review the commission's standard
2-6 or requirement related to the request and the owner's
2-7 interpretation of the federal standard or requirement. The
2-8 executive director shall issue an opinion on whether the standard
2-9 or requirement at issue is more stringent than the United States
2-10 Environmental Protection Agency standard or requirement before the
2-11 31st day after the executive director receives the request for
2-12 review.
2-13 SECTION 2. Section 361.034(a), Health and Safety Code, is
2-14 amended to read as follows:
2-15 (a) The commission shall submit a report to the presiding
2-16 officers of the legislature and the governor not later than January
2-17 1 of each odd-numbered year. The report must include:
2-18 (1) a summary of a performance report of the imposed
2-19 industrial solid waste and hazardous waste fees authorized under
2-20 Subchapter D and related activities to determine the
2-21 appropriateness of the fee structures;
2-22 (2) an evaluation of progress made in accomplishing
2-23 the state's public policy concerning the preference of waste
2-24 management methods under Section 361.023;
2-25 (3) projections of the volume of waste by type of
2-26 waste, disposition of waste, and remaining capacity or capacity
2-27 used for the treatment and disposal of the waste;
3-1 (4) projections of the availability of adequate
3-2 capacity in this state for the management of all types of hazardous
3-3 waste generated within the state and a report of the amounts,
3-4 types, and sources of hazardous waste imported into and exported
3-5 from the state in the previous year;
3-6 (5) an evaluation of the progress made and activities
3-7 engaged in consistent with the state's municipal solid waste
3-8 management plan, in particular the progress toward meeting the
3-9 waste reduction goal established by Section 361.0201(d);
3-10 (6) an evaluation of the progress made by local
3-11 governments under the solid waste management plans;
3-12 (7) the status of state procurement under Section
3-13 361.426 of products made of recycled materials or that are
3-14 reusable, including documentation of any decision not to purchase
3-15 those products;
3-16 (8) the status of the governmental entity recycling
3-17 program established under Section 361.425, including the status of
3-18 collection and storage procedures and program evaluations required
3-19 by that section;
3-20 (9) the status of the public education program
3-21 described in Section 361.0202; <and>
3-22 (10) recommendations to the governor and to the
3-23 legislature for improving the management of municipal solid waste
3-24 in the state;
3-25 (11) a statement confirming that the commission
3-26 complies with Section 361.040; and
3-27 (12) a digest of requests for review received under
4-1 Section 361.041, identifying the state and federal standards or
4-2 requirements reviewed and summarizing the executive director's
4-3 opinion issued for each request.
4-4 SECTION 3. Section 363.046, Health and Safety Code, is
4-5 amended to read as follows:
4-6 Sec. 363.046. Duties. The advisory council shall:
4-7 (1) review and evaluate the effect of state policies
4-8 and programs on municipal solid waste management;
4-9 (2) make recommendations to the commissioner and the
4-10 board on matters relating to municipal solid waste management;
4-11 (3) recommend legislation to the board to encourage
4-12 the efficient management of municipal solid waste;
4-13 (4) recommend policies to the board for the use,
4-14 allocation, or distribution of the planning fund that include:
4-15 (A) identification of statewide priorities for
4-16 use of funds;
4-17 (B) the manner and form of application for
4-18 financial assistance; and
4-19 (C) criteria, in addition to those prescribed by
4-20 Section 363.093(d), to be evaluated in establishing priorities for
4-21 providing financial assistance to applicants;
4-22 (5) conduct a continuing review of the standards and
4-23 requirements the board imposes on sanitary landfills to ensure that
4-24 the board does not impose a standard or requirement that is more
4-25 stringent than a standard or requirement required by the United
4-26 States Environmental Protection Agency under Subchapter IV, Solid
4-27 Waste Disposal Act, as amended (42 U.S.C. Section 6941 et seq.),
5-1 and shall report its findings to the board on or before September 1
5-2 of each year; and
5-3 (6) <(5)> recommend to the commissioner special
5-4 studies and projects to further the effectiveness of municipal
5-5 solid waste management and resource recovery.
5-6 SECTION 4. The Municipal Solid Waste Management and Resource
5-7 Recovery Advisory Council shall make the first report to the Texas
5-8 Natural Resource Conservation Commission required by
5-9 Section 363.046(5), as added by this Act, not later than September
5-10 1, 1996.
5-11 SECTION 5. The importance of this legislation and the
5-12 crowded condition of the calendars in both houses create an
5-13 emergency and an imperative public necessity that the
5-14 constitutional rule requiring bills to be read on three several
5-15 days in each house be suspended, and this rule is hereby suspended,
5-16 and that this Act take effect and be in force from and after its
5-17 passage, and it is so enacted.
5-18 COMMITTEE AMENDMENT NO. 1
5-19 Amend H.B. No. 2349 as follows:
5-20 On page 5, line 11, insert the following and renumber the
5-21 subsequent section appropriately:
5-22 SECTION 5. The Texas Health and Safety Code is amended by
5-23 adding a new section 361.071 to read as follows:
5-24 361.071 Permits from Other Agencies. The owner or operator of a
5-25 solid waste management facility is not required to obtain a permit
5-26 from any agency of the state other than the commission, or any
5-27 permit from the commission other than a permit issued under this
6-1 chapter, to store, process, treat, dispose of, or destroy solid
6-2 waste unless:
6-3 (1) a permit is required by the Railroad Commission of
6-4 Texas under Chapter 27, Water Code;
6-5 (2) a permit is required by the Federal Clean Air Act,
6-6 Title I, Part C or D, for a major source or a major modification;
6-7 or
6-8 (3) a permit is required by the Federal Operating
6-9 Permit Program pursuant to the Federal Clean Air Act, Title I
6-10 Section 129(e).
6-11 Talton