By: Henderson S.B. No. 1613
A BILL TO BE ENTITLED
AN ACT
1-1 relating to a clarification of the authority for denial, amendment,
1-2 suspension, or revocation of permits under the Solid Waste Disposal
1-3 Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 361.089, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 361.089. PERMIT DENIAL, AMENDMENT, SUSPENSION, OR
1-8 REVOCATION; NOTICE AND HEARING. (a) The department or commission
1-9 may, for good cause, deny, amend, or revoke a permit it issues or
1-10 has authority to issue for reasons pertaining to public health, air
1-11 or water pollution, or land use, or for a violation of this chapter
1-12 or other applicable laws or rules controlling the management of
1-13 solid waste.
1-14 (b) Except as provided by Section 361.110, the department or
1-15 commission shall notify each governmental entity listed under
1-16 Section 361.067 and provide an opportunity for a hearing to the
1-17 permit holder or applicant and persons affected. The department or
1-18 commission may also hold a hearing on its own motion.
1-19 (c) The board of health and the commission by rule shall
1-20 establish procedures for public notice and any public hearing under
1-21 this section.
1-22 (d) Hearings under this section shall be conducted in
1-23 accordance with the hearing rules adopted by the department or
2-1 commission and the applicable provisions of the Administrative
2-2 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
2-3 Civil Statutes).
2-4 (e) In addition to the authority provided in Subsection (a),
2-5 the <The> department or commission may deny, suspend for not more
2-6 than 90 days, or revoke an original or renewal permit if it is
2-7 found, after notice and hearing, that:
2-8 (1) the permit holder has a record of environmental
2-9 violations in the preceding five years at the permitted site;
2-10 (2) the applicant has a record of environmental
2-11 violations in the preceding five years at any site owned, operated,
2-12 or controlled by the applicant;
2-13 (3) the permit holder or applicant made a false or
2-14 misleading statement in connection with an original or renewal
2-15 application, either in the formal application or in any other
2-16 written instrument relating to the application submitted to the
2-17 agency, its officers, or its employees;
2-18 (4) the permit holder or applicant is indebted to the
2-19 state for fees, payment of penalties, or taxes imposed by this
2-20 title or by a rule of the agency; or
2-21 (5) the permit holder or applicant is unable to ensure
2-22 that the management of the hazardous waste management facility
2-23 conforms or will conform to this title and the rules of the agency.
2-24 (f) Before denying, suspending, or revoking a permit under
2-25 Subsection (e) <this section>, the department or commission must
3-1 find:
3-2 (1) that a violation or violations are significant and
3-3 that the permit holder or applicant has not made a substantial
3-4 attempt to correct the violations; or
3-5 (2) that the permit holder or applicant is indebted to
3-6 the state for fees, payment of penalties, or taxes imposed by this
3-7 title or by a rule of the agency.
3-8 (g) For purposes of this section, the terms "permit holder"
3-9 and "applicant" include each member of a partnership or association
3-10 and, with respect to a corporation, each officer and the owner or
3-11 owners of a majority of the corporate stock, provided such partner
3-12 or owner controls at least 20 percent of the permit holder or
3-13 applicant and at least 20 percent of another business which
3-14 operates a solid waste management facility.
3-15 SECTION 2. The change made by this Act shall apply to
3-16 permits issued prior to and following the effective date of this
3-17 Act.
3-18 SECTION 3. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended,
3-23 and that this Act take effect and be in force from and after its
3-24 passage, and it is so enacted.