75R10072 MI-D
By Brown S.B. No. 1464
Substitute the following for S.B. No. 1464:
By Allen C.S.S.B. No. 1464
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.