1-1 By: Henderson S.B. No. 1613
1-2 (In the Senate - Filed March 22, 1995; March 23, 1995, read
1-3 first time and referred to Committee on Natural Resources;
1-4 May 3, 1995, reported favorably by the following vote: Yeas 6,
1-5 Nays 1; May 3, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to a clarification of the authority for denial, amendment,
1-9 suspension, or revocation of permits under the Solid Waste Disposal
1-10 Act.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 361.089, Health and Safety Code, is
1-13 amended to read as follows:
1-14 Sec. 361.089. PERMIT DENIAL, AMENDMENT, SUSPENSION, OR
1-15 REVOCATION; NOTICE AND HEARING. (a) The department or commission
1-16 may, for good cause, deny, amend, or revoke a permit it issues or
1-17 has authority to issue for reasons pertaining to public health, air
1-18 or water pollution, or land use, or for a violation of this chapter
1-19 or other applicable laws or rules controlling the management of
1-20 solid waste.
1-21 (b) Except as provided by Section 361.110, the department or
1-22 commission shall notify each governmental entity listed under
1-23 Section 361.067 and provide an opportunity for a hearing to the
1-24 permit holder or applicant and persons affected. The department or
1-25 commission may also hold a hearing on its own motion.
1-26 (c) The board of health and the commission by rule shall
1-27 establish procedures for public notice and any public hearing under
1-28 this section.
1-29 (d) Hearings under this section shall be conducted in
1-30 accordance with the hearing rules adopted by the department or
1-31 commission and the applicable provisions of the Administrative
1-32 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
1-33 Civil Statutes).
1-34 (e) In addition to the authority provided in Subsection (a)
1-35 the <The> department or commission may deny, suspend for not more
1-36 than 90 days, or revoke an original or renewal permit if it is
1-37 found, after notice and hearing, that:
1-38 (1) the permit holder has a record of environmental
1-39 violations in the preceding five years at the permitted site;
1-40 (2) the applicant has a record of environmental
1-41 violations in the preceding five years at any site owned, operated,
1-42 or controlled by the applicant;
1-43 (3) the permit holder or applicant made a false or
1-44 misleading statement in connection with an original or renewal
1-45 application, either in the formal application or in any other
1-46 written instrument relating to the application submitted to the
1-47 agency, its officers, or its employees;
1-48 (4) the permit holder or applicant is indebted to the
1-49 state for fees, payment of penalties, or taxes imposed by this
1-50 title or by a rule of the agency; or
1-51 (5) the permit holder or applicant is unable to ensure
1-52 that the management of the hazardous waste management facility
1-53 conforms or will conform to this title and the rules of the agency.
1-54 (f) Before denying, suspending, or revoking a permit under
1-55 Subsection (e) <this section>, the department or commission must
1-56 find:
1-57 (1) that a violation or violations are significant and
1-58 that the permit holder or applicant has not made a substantial
1-59 attempt to correct the violations; or
1-60 (2) that the permit holder or applicant is indebted to
1-61 the state for fees, payment of penalties, or taxes imposed by this
1-62 title or by a rule of the agency.
1-63 (g) For purposes of this section, the terms "permit holder"
1-64 and "applicant" include each member of a partnership or association
1-65 and, with respect to a corporation, each officer and the owner or
1-66 owners of a majority of the corporate stock, provided such partner
1-67 or owner controls at least 20 percent of the permit holder or
1-68 applicant and at least 20 percent of another business which
2-1 operates a solid waste management facility.
2-2 SECTION 2. The change made by this Act shall apply to
2-3 permits issued prior to and following the effective date of this
2-4 Act.
2-5 SECTION 3. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended,
2-10 and that this Act take effect and be in force from and after its
2-11 passage, and it is so enacted.
2-12 * * * * *