By Hilbert H.B. No. 2441
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the amendment, extension, or renewal of a permit for a
1-3 solid waste facility.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 361.088, Health and Safety Code, is
1-6 amended by adding Subsections (e) and (f) to read as follows:
1-7 (e) If a person affected by an application for amendment,
1-8 extension, or renewal of a municipal solid waste permit is granted
1-9 a hearing or the commission requests a hearing on the commission's
1-10 own motion, the scope of the hearing shall be limited to:
1-11 (1) the applicant's compliance record during the
1-12 current term of the permit;
1-13 (2) whether the applicant is indebted to the state for
1-14 a fee, tax, fine, or assessment;
1-15 (3) whether the applicant made a false or misleading
1-16 statement in connection with an original or renewal application;
1-17 (4) whether the applicant has demonstrated compliance
1-18 with regulatory requirements applicable to the new or expanded
1-19 operations addressed in the application;
1-20 (5) whether the site is suitable for the facility; and
1-21 (6) public health and public safety.
1-22 (f) Before an application to amend, extend, or renew a
1-23 municipal solid waste permit may be denied, in whole or part, the
1-24 commission must find, after an opportunity for a hearing, that:
2-1 (1) a significant violation exists and the permit
2-2 applicant has not made a substantial attempt to correct the
2-3 violation;
2-4 (2) the applicant is indebted to the state for a fee,
2-5 tax, fine, or assessment imposed under this title or under a rule
2-6 of the commission;
2-7 (3) the applicant made a false or misleading statement
2-8 in connection with an original or renewal application;
2-9 (4) the applicant is unable to demonstrate compliance
2-10 with regulatory requirements applicable to the new or expanded
2-11 operation addressed in the application;
2-12 (5) the site is not suitable for the facility; or
2-13 (6) there is no adverse effect to public safety and
2-14 public health.
2-15 SECTION 2. Subchapter C, Chapter 361, Health and Safety
2-16 Code, is amended by adding Section 361.070 to read as follows:
2-17 Sec. 361.070. SOLE PERMIT HEARING. (a) If applications for
2-18 all required permits are simultaneously filed by a facility
2-19 required to have more than one permit issued by the commission, the
2-20 commission shall hold one consolidated application review and
2-21 permit hearing on all the required permits.
2-22 (b) Unless required under the federal Clean Air Act, a
2-23 municipal solid waste facility permitted under this chapter is not
2-24 required to obtain a separate air quality permit.
2-25 SECTION 3. This Act takes effect September 1, 1995, and
2-26 applies only to an application to amend, extend, or renew a permit
2-27 filed on or after that date. An application to amend, extend, or
3-1 renew a permit that is filed before the effective date of this Act
3-2 is governed by the law in effect on the date the application was
3-3 filed, and the former law is continued in effect for that purpose.
3-4 SECTION 4. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended.