74R10893 MI-F
By Hilbert H.B. No. 2441
Substitute the following for H.B. No. 2441:
By Kuempel C.S.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)-(g) to read as follows:
1-7 (e) If a person affected by an application for amendment,
1-8 extension, or renewal of a permit is granted a hearing or the
1-9 commission requests a hearing on the commission's own motion, the
1-10 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 knowingly made a false or
1-16 misleading statement in connection with an original or renewal
1-17 application; and
1-18 (4) whether the applicant has demonstrated compliance
1-19 with regulatory requirements applicable to the new or expanded
1-20 operations addressed in the application.
1-21 (f) Before an application to amend, extend, or renew a
1-22 permit may be denied, in whole or part, the commission must find,
1-23 after an opportunity for a hearing, that:
1-24 (1) a significant violation exists and the permit
2-1 applicant has not made a substantial attempt to correct the
2-2 violation;
2-3 (2) the applicant is indebted to the state for a fee,
2-4 tax, fine, or assessment imposed under this title or under a rule
2-5 of the commission;
2-6 (3) the applicant knowingly made a false or misleading
2-7 statement in connection with an original or renewal application; or
2-8 (4) the applicant is unable to demonstrate compliance
2-9 with regulatory requirements applicable to the new or expanded
2-10 operation addressed in the application.
2-11 (g) The commission may not conduct a hearing on the
2-12 amendment of a permit unless the application, on its face, proposes
2-13 a major or substantive modification of the permitted facility's
2-14 design, operations, or procedures that invokes significant
2-15 regulatory review or the rights of a person affected by the
2-16 proposed amendment.
2-17 SECTION 2. Subchapter C, Chapter 361, Health and Safety
2-18 Code, is amended by adding Section 361.070 to read as follows:
2-19 Sec. 361.070. SOLE PERMIT HEARING. (a) If applications for
2-20 all required permits are simultaneously filed by a facility
2-21 required to have more than one permit issued by the commission, the
2-22 commission shall hold one consolidated application review and
2-23 permit hearing on all the required permits.
2-24 (b) Unless required under the federal Clean Air Act, a
2-25 municipal solid waste facility permitted under this chapter is not
2-26 required to obtain a separate air quality permit.
2-27 SECTION 3. This Act takes effect September 1, 1995, and
3-1 applies only to an application to amend, extend, or renew a permit
3-2 filed on or after that date. An application to amend, extend, or
3-3 renew a permit that is filed before the effective date of this Act
3-4 is governed by the law in effect on the date the application was
3-5 filed, and the former law is continued in effect for that purpose.
3-6 SECTION 4. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.