By Elkins H.B. No. 2407
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the review of certain permitted solid waste facilities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 361, Texas Health and Safety Code, is
1-5 amended by adding Section 361.0891 to read as follows:
1-6 Sec. 361.0891. REVIEW OF CERTAIN PERMITTED FACILITIES. (a)
1-7 Any permit issued without a specified duration for a commercial
1-8 Type V municipal solid waste facility for which construction and
1-9 operation has not commenced within ten years from permit issuance,
1-10 and which has been transferred from the original permittee to
1-11 another person, shall be suspended pending a commission
1-12 determination of land use compatibility and the need for the
1-13 additional municipal solid waste management capacity.
1-14 (b) If the commission finds that operation of the municipal
1-15 solid waste facility as originally permitted is incompatible with
1-16 existing or proposed land use in the local area, that there is no
1-17 need for the additional municipal solid waste management capacity,
1-18 or that there is other good cause for revocation, the permit shall
1-19 be revoked. The site of the facility for which a permit has been
1-20 revoked may be used for the management of municipal solid waste
1-21 only if a permit for a new municipal solid waste facility is
1-22 obtained from the commission following notice and opportunity for
1-23 hearing.
2-1 (c) If the commission finds that operation of the facility
2-2 as originally permitted is compatible with existing or proposed
2-3 land use in the local area and that there is a need for the
2-4 additional capacity, any areal or capacity expansion of the
2-5 facility must be authorized by permit amendment following notice
2-6 and opportunity for hearing.
2-7 (d) Any determination of land use compatibility and need for
2-8 the facility shall be subject to the public meeting, notice, and
2-9 hearing requirements of Sections 361.0791(b) and 361.081 of this
2-10 Chapter. The commission may consider any other grounds for permit
2-11 revocation at a hearing under this Section.
2-12 SECTION 2. The changes in law made by this Act shall apply
2-13 to facilities and sites permitted pursuant to the Texas Solid Waste
2-14 Disposal Act prior to and following the effective date of this Act.
2-15 SECTION 3. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended,
2-20 and that this Act take effect and be in force from and after its
2-21 passage, and it is so enacted.