75R10072 MI-D                           

         By Kuempel                                            H.B. No. 1529

         Substitute the following for H.B. No. 1529:

         By Allen                                          C.S.H.B. No. 1529

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation and permitting of certain industrial

 1-3     solid waste management activities on land owned or controlled by

 1-4     the source of the waste.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 361.090, Health and Safety Code, is

 1-7     amended to read as follows:

 1-8           Sec. 361.090.  REGULATION AND PERMITTING OF CERTAIN

 1-9     INDUSTRIAL SOLID WASTE MANAGEMENT [DISPOSAL].  (a)  The commission

1-10     may not require a permit under this chapter for the collection,

1-11     handling, storage, processing, or [and] disposal of industrial

1-12     solid waste that is [disposed of within the boundaries of a tract

1-13     of land that is]:

1-14                 (1)  collected, handled, processed, or stored within

1-15     the boundaries of a tract of land that is owned or otherwise

1-16     effectively controlled by the  owners or operators of the

1-17     particular industrial plant, manufacturing plant, mining operation,

1-18     or agricultural operation from which the waste results or is

1-19     produced; or [and]

1-20                 (2)  disposed of on land that is owned or otherwise

1-21     effectively controlled by the owners or operators of the particular

1-22     plant or operation that is the source of the industrial solid waste

1-23     and located within 50 miles from that [the] plant or operation

1-24     [that is the source of the industrial solid waste].

 2-1           (b)  This section does not apply to:

 2-2                 (1)  waste collected, handled, stored, processed, or

 2-3     disposed of with solid waste from any other source or sources; or

 2-4                 (2)  hazardous waste.

 2-5           (c)  This section does not change or limit any authority the

 2-6     commission may have concerning:

 2-7                 (1)  the requirement of permits and the control of

 2-8     water quality, or otherwise, under Chapter 26, Water Code; or

 2-9                 (2)  the authority under Section 361.303.

2-10           (d)  The commission may adopt rules under Section 361.024 to

2-11     control the collection, handling, storage, processing, and disposal

2-12     of the industrial solid waste to which this section applies to

2-13     protect the property of others, public property and rights-of-way,

2-14     groundwater, and other rights requiring protection.

2-15           (e)  The commission may require a person who disposes or

2-16     plans to dispose of industrial solid waste and claims to be exempt

2-17     under this section to submit to the commission information that is

2-18     reasonably required to enable the commission to determine if this

2-19     section applies to the waste disposal activity.

2-20           SECTION 2.  This Act takes effect September 1, 1997.

2-21           SECTION 3.  The importance of this legislation and the

2-22     crowded condition of the calendars in both houses create an

2-23     emergency and an imperative public necessity that the

2-24     constitutional rule requiring bills to be read on three several

2-25     days in each house be suspended, and this rule is hereby suspended.