ACG S.B. 1464 75(R)BILL ANALYSIS


ENVIRONMENTAL REGULATION
C.S.S.B. 1464
By: Brown (Kuempel)
5-6-97
Committee Report (Substituted)


BACKGROUND

Industrial facilities generate nonhazardous solid waste.  To help 
minimize this waste and increase 
recycling opportunities, a company may send the waste to a 
centrally located, company-owned and 
operated facility for consolidation, and ultimately to a site 
permitted for final disposal. The 
temporary consolidation of  nonhazardous waste at a centrally 
located facility contributes to 
significant cost savings for industry; more importantly, it 
protects human health and the 
environment.

Under current state law and regulations, waste management 
activities for industrial nonhazardous 
waste are more stringent than for some hazardous waste.  A permit 
is required even for temporary 
consolidation and storage of a generator's own waste if the 
consolidation point is more than 50 miles 
away.   This greatly decreases a company's ability to recycle its 
nonhazardous waste.

PURPOSE

CSSB 1464 clarifies that a generator of industrial nonhazardous 
solid waste is not required to obtain 
an industrial and hazardous waste permit for the collection, 
handling, storage, and processing of 
industrial nonhazardous waste on land owned or controlled by the 
generator.   This will not impact 
municipal solid waste, nor does it affect rules on disposal.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly 
grant any additional rulemaking 
authority to a state officer, department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 361, Section 361.090, Health and 
Safety Code: The Texas Natural 
Resource Conservation Commission may not require a permit in two 
cases: (1) collection, handling, 
processing or storage of industrial solid waste within the 
boundaries of land owned or controlled by 
the plant or operation and (2) disposal of industrial solid waste 
on land owned or controlled by the 
plant or operation that is the source and located within 50 miles 
of the plant or operation.

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.



COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute changes the caption of the original bill 
and the title of Section 361.090 to 
reflect the subject of the bill: regulation and permitting of 
certain industrial solid waste management. 

 The substitute allows the commission to not require a permit in 
two cases: (1) collection, handling, 
processing or storage of waste within the boundaries of land 
owned or controlled by the plant or 
operation and (2) disposal of waste on land owned or controlled 
by the operator or owner of the plant 
or operation that is the source and located within 50 miles of 
the plant or operation.  

The engrossed Senate Bill made the section applicable only to 
industrial solid waste generated in the 
state.