By: Lindsay S.B. No. 1393
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the restriction of the siting of and the prohibition of
1-2 issuing permits for certain municipal solid waste facilities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter C, Chapter 361, Health and Safety
1-5 Code, is amended by adding Section 361.1025 to read as follows:
1-6 Sec. 361.1025. PROHIBITION ON PERMIT FOR MUNICIPAL SOLID
1-7 WASTE FACILITY WITHIN CERTAIN DISTANCE OF RESIDENCE, PLACE OF
1-8 WORSHIP, SCHOOL, DAY-CARE CENTER, DRINKING WATER SUPPLY, OR PARK.
1-9 (a) The commission by rule shall prohibit the issuance of a permit
1-10 for a new municipal solid waste facility or the areal expansion of
1-11 an existing municipal solid waste facility if the boundary of the
1-12 landfill is to be located within 1,000 feet of an established
1-13 residence, place of worship, school, day-care center, surface water
1-14 body used for a public drinking water supply, or dedicated public
1-15 park, unless a site-specific, risk-based evaluation indicates
1-16 otherwise.
1-17 (b) The measurement of distance shall be taken toward an
1-18 established residence, place of worship, school, day-care center,
1-19 surface water body used for a public drinking water supply, or
1-20 dedicated park that is in use when the notice of intent to file a
1-21 permit application is filed with the commission or, if no notice of
1-22 intent is filed, when the permit application is filed with the
1-23 commission. The restrictions imposed by Subsection (a) do not
2-1 apply to a residence, place of worship, school, day-care center,
2-2 surface water body used for a public drinking water supply, or
2-3 dedicated park located inside the boundaries of a solid waste
2-4 management facility or property owned by the permit applicant.
2-5 SECTION 2. Subsection (a), Section 361.020, Health and
2-6 Safety Code, is amended to read as follows:
2-7 (a) The commission shall develop a strategic state solid
2-8 waste plan for all solid waste under its jurisdiction. The
2-9 commission shall develop a strategic plan for the reduction of
2-10 solid waste. The strategic plan shall include provisions to:
2-11 (1) restrict the siting of solid waste facilities so
2-12 as to minimize the concentration of those facilities in any
2-13 residential community; and
2-14 (2) require the consideration of the cumulative effect
2-15 the presence of multiple sources of pollution and other nuisances
2-16 may have on the community surrounding a solid waste facility.
2-17 SECTION 3. This Act takes effect September 1, 1997, and
2-18 applies only to an application for a permit that is filed with the
2-19 Texas Natural Resource Conservation Commission on or after that
2-20 date.
2-21 SECTION 4. 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.