By: Bivins S.B. No. 1697
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the storage, processing, and disposal of radioactive
1-2 waste, low-level waste, and mixed waste.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter F, Chapter 401, Health and Safety
1-5 Code, is amended by adding Sections 401.2031, 401.2071, and
1-6 401.2072 to read as follows:
1-7 Sec. 401.2031. MIXED WASTE DISPOSAL LICENSE.
1-8 (a) Notwithstanding Section 401.203, the commission may issue a
1-9 radioactive waste disposal license for the disposal of mixed waste
1-10 to a private entity if the private entity holds a permit to operate
1-11 a hazardous waste landfill in a county that has:
1-12 (1) a population of less than 25,000; and
1-13 (2) an average annual rainfall of less than 18 inches
1-14 per year.
1-15 (b) In this section, "mixed waste" means a combination of
1-16 hazardous waste, as that term is defined by Section 361.003, and
1-17 low-level waste, as that term is defined by Section 402.003.
1-18 (c) This section applies only to a private entity that held
1-19 a permit to operate a commercial hazardous waste landfill on
1-20 January 1, 1995.
1-21 Sec. 401.2071. OUT-OF-STATE MIXED WASTE. (a) A person who
1-22 holds a license for processing, storage, or disposal of mixed waste
1-23 from another person may accept mixed waste that is generated in
2-1 another state for storage, processing, or disposal in accordance
2-2 with the applicable permit conditions.
2-3 (b) In this section, "mixed waste" means a combination of
2-4 hazardous waste, as that term is defined by Section 361.003, and
2-5 low-level waste, as that term is defined by Section 402.003.
2-6 Sec. 401.2072. STORAGE OF LOW-LEVEL WASTE. A license holder
2-7 who accepts from another person for storage or processing low-level
2-8 waste, as that term is defined by Section 402.003, generated in
2-9 this or another state may store the waste until the later of:
2-10 (1) one year after the date on which the disposal site
2-11 authorized under Chapter 402 opens and begins accepting low-level
2-12 waste for disposal; or
2-13 (2) one year after the date on which the license
2-14 holder accepts the waste.
2-15 SECTION 2. Section 401.207, Health and Safety Code, is
2-16 amended to read as follows:
2-17 Sec. 401.207. OUT-OF-STATE WASTE. A license holder may not
2-18 accept radioactive waste generated in another state for <processing
2-19 or> disposal under a license issued by the commission <department>
2-20 unless the waste is:
2-21 (1) accepted under a compact to which the state is a
2-22 contracting party;
2-23 (2) from a state having an operating radioactive waste
2-24 disposal site at which that state is willing to accept radioactive
2-25 waste generated in this state; or
3-1 (3) generated from manufactured sources or devices
3-2 originating in this state.
3-3 SECTION 3. Section 401.153, Health and Safety Code, is
3-4 repealed.
3-5 SECTION 4. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended,
3-10 and that this Act take effect and be in force from and after its
3-11 passage, and it is so enacted.