By: Henderson S.B. No. 1612
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the review of certain permitted solid waste facilities.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subchapter C, Chapter 361, Health and Safety
1-4 Code, is amended by adding Section 361.0891 to read as follows:
1-5 Sec. 361.0891. REVIEW OF CERTAIN PERMITTED FACILITIES.
1-6 (a) Any permit issued without a specified duration for a
1-7 commercial Type V municipal solid waste facility for which
1-8 construction and operation has not commenced within 10 years from
1-9 permit issuance and which has been transferred from the original
1-10 permittee to another person shall be suspended pending a commission
1-11 determination of land use compatibility and the need for the
1-12 additional municipal solid waste management capacity.
1-13 (b) If the commission finds that operation of the municipal
1-14 solid waste facility as originally permitted is incompatible with
1-15 existing or proposed land use in the local area, that there is no
1-16 need for the additional municipal solid waste management capacity,
1-17 or that there is other good cause for revocation, the permit shall
1-18 be revoked. The site of the facility for which a permit has been
1-19 revoked may be used for the management of municipal solid waste
1-20 only if a permit for a new municipal solid waste facility is
1-21 obtained from the commission following notice and opportunity for
1-22 hearing.
1-23 (c) If the commission finds that operation of the facility
2-1 as originally permitted is compatible with existing or proposed
2-2 land use in the local area and that there is a need for the
2-3 additional capacity, any areal or capacity expansion of the
2-4 facility must be authorized by permit amendment following notice
2-5 and opportunity for hearing.
2-6 (d) Any determination of land use compatibility and need for
2-7 the facility shall be subject to the public meeting, notice, and
2-8 hearing requirements of Sections 361.0791(b) and 361.081. The
2-9 commission may consider any other grounds for permit revocation at
2-10 a hearing under this section.
2-11 SECTION 2. The changes in law made by this Act shall apply
2-12 to facilities and sites permitted pursuant to Chapter 361, Health
2-13 and Safety Code (Solid Waste Disposal Act) prior to and following
2-14 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.