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
1-24 another state for storage, processing, or disposal in accordance
2-1 with the applicable permit conditions.
2-2 (b) In this section, "mixed waste" means a combination of
2-3 hazardous waste, as that term is defined by Section 361.003, and
2-4 low-level waste, as that term is defined by Section 402.003.
2-5 Sec. 401.2072. STORAGE OF LOW-LEVEL WASTE. A license holder
2-6 who accepts from another person for storage or processing low-level
2-7 waste, as that term is defined by Section 402.003, generated in
2-8 this or another state may store the waste until the later of:
2-9 (1) one year after the date on which the disposal site
2-10 authorized under Chapter 402 opens and begins accepting low-level
2-11 waste for disposal; or
2-12 (2) one year after the date on which the license
2-13 holder accepts the waste.
2-14 SECTION 2. Section 401.207, Health and Safety Code, is
2-15 amended to read as follows:
2-16 Sec. 401.207. OUT-OF-STATE WASTE. A license holder may not
2-17 accept radioactive waste generated in another state for <processing
2-18 or> disposal under a license issued by the commission <department>
2-19 unless the waste is:
2-20 (1) accepted under a compact to which the state is a
2-21 contracting party;
2-22 (2) from a state having an operating radioactive waste
2-23 disposal site at which that state is willing to accept radioactive
2-24 waste generated in this state; or
2-25 (3) generated from manufactured sources or devices
2-26 originating in this state.
2-27 SECTION 3. Section 401.153, Health and Safety Code, is
3-1 repealed.
3-2 SECTION 4. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended,
3-7 and that this Act take effect and be in force from and after its
3-8 passage, and it is so enacted.
3-9 COMMITTEE AMENDMENT NO. 1
3-10 Amend Section 1 of Senate Bill 1697 by adding new Section
3-11 402.2741, Health and Safety Code, to read as follows:
3-12 Sec. 402.2741. FEES FOR STORAGE, TREATMENT OR DISPOSAL BY
3-13 PRIVATE LICENSEE. (a) A person who accepts for storage or
3-14 treatment mixed waste, as that term is defined in Section
3-15 402.224(b), or low-level waste, as that term is defined by Section
3-16 402.003, whether generated in this or any other state, including a
3-17 licensee under Section 401.2031, shall pay the planning and
3-18 implementation fee provided by Section 402.2721. Funds generated
3-19 by assessment of the planning and implementation fee under this
3-20 Section shall be deposited in the state treasury as provided by
3-21 Section 402.275. The fee shall be calculated in accordance with
3-22 Section 402.2721, except
3-23 (i) mixed waste shall be considered the
3-24 same as low-level waste for the purpose of calculating amount of
3-25 waste against which the fee shall be assessed; and
3-26 (ii) the fee shall not be less than the
3-27 average comparable fee assessed on a comparable volumetric basis by
4-1 any other states for treatment or storage of radioactive waste or
4-2 mixed waste of comparable character and hazard at a facility
4-3 located in those states.
4-4 (b) A person who delivers for disposal mixed waste, as that
4-5 term is defined in Section 402.224(b), whether generated in this or
4-6 any other state, to a person holding a radioactive waste disposal
4-7 license, including a licensee under Section 401.2031, shall pay the
4-8 waste disposal fee provided by Section 402.272. Funds generated
4-9 by the disposal fee shall be deposited in the state treasury as
4-10 provided by Sections 402.273 and 402.275. The fee shall be
4-11 calculated in accordance with the applicable provisions of Section
4-12 402.273, except that
4-13 (i) mixed waste shall be considered the
4-14 same as low-level waste, as that term is defined by Section
4-15 402.003, for the purpose of calculating amount of waste against
4-16 which the fee shall be assessed; and
4-17 (ii) the fee shall not be less than the
4-18 average comparable fee assessed on a comparable volumetric basis by
4-19 any other states for disposal of radioactive or mixed waste of
4-20 comparable character and hazard in a facility located in those
4-21 states
4-22 (c) Acceptance of radioactive or mixed waste by a licensee
4-23 under Section 401.2031 shall be construed as a guaranty by the
4-24 licensee of payment of all fees due and owing under this Section.
4-25 (d) Not later than September 1, 1996, the board shall adopt
4-26 final rules for assessment of the planning and implementation fee
4-27 and the disposal fee as provided by the Section, together with any
5-1 applicable surcharges, for treatment, storage or disposal of
5-2 radioactive waste and mixed waste by a person licensed under
5-3 Section 401.2031.
5-4 Yost
5-5 COMMITTEE AMENDMENT NO. 2
5-6 Amend Senate Bill 1697 by adding new Section 3 to read as
5-7 follows, and renumbering subsequent sections accordingly:
5-8 SECTION 3. Section 402.224, Health and Safety Code, is
5-9 amended to read as follows:
5-10 Sec. 402.224. Mixed Waste. (a) An on-site operator or a
5-11 private entity licensed under Section 401.2031 who accepts mixed
5-12 waste at a disposal site or a site licensed for treatment, storage
5-13 or disposal of mixed waste under Section 401.2031 shall comply with
5-14 Chapter 361 (Solid Waste Disposal Act), the Resource Conservation
5-15 and Recovery Act of 1976 (42 U.S.C. 6901 et seq), and this chapter.
5-16 (b) In this section, "mixed waste" means a combination of
5-17 hazardous waste as defined by Chapter 361 (Solid Waste Disposal
5-18 Act) and low-level waste.
5-19 Saunders