By: Armbrister S.B. No. 960
97S0602/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of sanitary landfills.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subchapter B, Chapter 361, Health and Safety
1-4 Code, is amended by adding Sections 361.040 and 361.041 to read as
1-5 follows:
1-6 Sec. 361.040. FEDERAL STANDARDS FOR SANITARY LANDFILLS. The
1-7 commission may not impose a standard or requirement on a sanitary
1-8 landfill that is more stringent than a standard or requirement
1-9 required by the United States Environmental Protection Agency under
1-10 Subchapter IV, Solid Waste Disposal Act, as amended (42 U.S.C.
1-11 Section 6941 et seq.). The commission may not require the
1-12 installation of a landfill gas collection and control system at a
1-13 sanitary landfill unless a landfill gas collection and control
1-14 system is required to be installed under Subchapter IV, Solid Waste
1-15 Disposal Act, as amended (42 U.S.C. Section 6941 et seq.), or under
1-16 Section 111 or 112 of the federal Clean Air Act, as amended (42
1-17 U.S.C. Section 7401 et seq.). In developing sanitary landfill
1-18 standards or requirements, the commission shall allow the maximum
1-19 flexibility permissible under regulations of the United States
1-20 Environmental Protection Agency for alternative landfill and
1-21 alternative gas collection and control system designs.
1-22 Sec. 361.041. REVIEW OF SANITARY LANDFILL STANDARDS.
1-23 (a) The owner of a sanitary landfill who in good faith believes
2-1 that a standard or requirement the commission imposes on the
2-2 landfill is more stringent than a standard or requirement required
2-3 by the United States Environmental Protection Agency under
2-4 Subchapter IV, Solid Waste Disposal Act, as amended (42 U.S.C.
2-5 Section 6941 et seq.), may submit to the executive director a
2-6 written request for a review of the commission's standard or
2-7 requirement and the federal standard or requirement. The request
2-8 must summarize the owner's interpretation of the federal standard
2-9 or requirement that the owner believes is less stringent than the
2-10 standard or requirement imposed by the commission.
2-11 (b) On receipt of a request for a review under Subsection
2-12 (a), the executive director shall review the commission's standard
2-13 or requirement related to the request and the owner's
2-14 interpretation of the federal standard or requirement. The
2-15 executive director shall issue an opinion on whether the standard
2-16 or requirement at issue is more stringent than the United States
2-17 Environmental Protection Agency standard or requirement before the
2-18 31st day after the executive director receives the request for
2-19 review.
2-20 SECTION 2. Subsection (a), Section 361.034, Health and
2-21 Safety Code, is amended to read as follows:
2-22 (a) The commission shall submit a report to the presiding
2-23 officers of the legislature and the governor not later than January
2-24 1 of each odd-numbered year. The report must include:
2-25 (1) a summary of a performance report of the imposed
3-1 industrial solid waste and hazardous waste fees authorized under
3-2 Subchapter D and related activities to determine the
3-3 appropriateness of the fee structures;
3-4 (2) an evaluation of progress made in accomplishing
3-5 the state's public policy concerning the preference of waste
3-6 management methods under Section 361.023;
3-7 (3) projections of the volume of waste by type of
3-8 waste, disposition of waste, and remaining capacity or capacity
3-9 used for the treatment and disposal of the waste;
3-10 (4) projections of the availability of adequate
3-11 capacity in this state for the management of all types of hazardous
3-12 waste generated within the state and a report of the amounts,
3-13 types, and sources of hazardous waste imported into and exported
3-14 from the state in the previous year;
3-15 (5) an evaluation of the progress made and activities
3-16 engaged in consistent with the state's municipal solid waste
3-17 management plan, in particular the progress toward meeting the
3-18 waste reduction goal established by Section 361.0201(d);
3-19 (6) an evaluation of the progress made by local
3-20 governments under the solid waste management plans;
3-21 (7) the status of state procurement under Section
3-22 361.426 of products made of recycled materials or that are
3-23 reusable, including documentation of any decision not to purchase
3-24 those products;
3-25 (8) the status of the governmental entity recycling
4-1 program established under Section 361.425, including the status of
4-2 collection and storage procedures and program evaluations required
4-3 by that section;
4-4 (9) the status of the public education program
4-5 described in Section 361.0202; [and]
4-6 (10) recommendations to the governor and to the
4-7 legislature for improving the management of municipal solid waste
4-8 in the state;
4-9 (11) a statement confirming that the commission
4-10 complies with Section 361.040; and
4-11 (12) a digest of requests for review received under
4-12 Section 361.041, identifying the state and federal standards or
4-13 requirements reviewed and summarizing the executive director's
4-14 opinion issued for each request.
4-15 SECTION 3. Section 363.046, Health and Safety Code, is
4-16 amended to read as follows:
4-17 Sec. 363.046. Duties. The advisory council shall:
4-18 (1) review and evaluate the effect of state policies
4-19 and programs on municipal solid waste management;
4-20 (2) make recommendations to the executive director and
4-21 the commission on matters relating to municipal solid waste
4-22 management;
4-23 (3) recommend legislation to the commission to
4-24 encourage the efficient management of municipal solid waste;
4-25 (4) recommend policies to the commission for the use,
5-1 allocation, or distribution of the planning fund that include:
5-2 (A) identification of statewide priorities for
5-3 use of funds;
5-4 (B) the manner and form of application for
5-5 financial assistance; and
5-6 (C) criteria, in addition to those prescribed by
5-7 Section 363.093(d), to be evaluated in establishing priorities for
5-8 providing financial assistance to applicants; [and]
5-9 (5) conduct a continuing review of the standards and
5-10 requirements the commission imposes on sanitary landfills to ensure
5-11 that the commission does not impose a standard or requirement that
5-12 is more stringent than a standard or requirement required by the
5-13 United States Environmental Protection Agency under Subchapter IV,
5-14 Solid Waste Disposal Act, as amended (42 U.S.C. Section 6941 et
5-15 seq.), and shall report its findings to the commission on or before
5-16 September 1 of each year; and
5-17 (6) recommend to the executive director special
5-18 studies and projects to further the effectiveness of municipal
5-19 solid waste management and resource recovery.
5-20 SECTION 4. Subchapter C, Chapter 361, Health and Safety
5-21 Code, is amended by adding Section 361.071 to read as follows:
5-22 Sec. 361.071. PERMITS FROM OTHER AGENCIES. The owner or
5-23 operator of a solid waste management facility is not required to
5-24 obtain a permit from any agency of the state other than the
5-25 commission, or any permit from the commission other than a permit
6-1 issued under this chapter, to store, process, treat, dispose of, or
6-2 destroy solid waste unless:
6-3 (1) a permit is required by the Railroad Commission of
6-4 Texas under Chapter 27, Water Code;
6-5 (2) a permit is required by Part C or D, Title I,
6-6 federal Clean Air Act (42 U.S.C. Sections 7470 et seq. and 7501 et
6-7 seq.), for a major source or a major modification; or
6-8 (3) a permit is required by the federal operating
6-9 permit program pursuant to Section 129(e), Title I, federal Clean
6-10 Air Act (42 U.S.C. Section 7429(e)).
6-11 SECTION 5. The Municipal Solid Waste Management and Resource
6-12 Recovery Advisory Council shall make the first report to the Texas
6-13 Natural Resource Conservation Commission required by Subdivision
6-14 (5), Section 363.046, Health and Safety Code, as added by this Act,
6-15 not later than September 1, 1998.
6-16 SECTION 6. The importance of this legislation and the
6-17 crowded condition of the calendars in both houses create an
6-18 emergency and an imperative public necessity that the
6-19 constitutional rule requiring bills to be read on three several
6-20 days in each house be suspended, and this rule is hereby suspended,
6-21 and that this Act take effect and be in force from and after its
6-22 passage, and it is so enacted.