By Brown                                        S.B. No. 1584

      75R8917 T                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to industrial solid waste management in municipal solid

 1-3     waste landfills.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter B, Chapter 361, Health and Safety Code

 1-6     Section 361.019, is amended to read as follows:

 1-7           Sec. 361.019.  Approval of Industrial Solid Waste Management

 1-8     in Municipal Solid Waste Facility.  (a)  Except as provided by

 1-9     Subsection (b), Class I nonhazardous industrial solid waste, small

1-10     quantities of hazardous waste generated by conditionally exempt

1-11     small quantity generators, and any other waste material authorized

1-12     by federal regulations shall be accepted in a municipal solid waste

1-13     facility if:

1-14                 (1)  these wastes are handled at a municipal solid

1-15     waste facility in compliance with the new municipal solid waste

1-16     landfill unit criteria under 40 Code of Federal Regulations, Part

1-17     258, as determined by the commission under an approved state

1-18     program, or

1-19                 [(1)] (2)  authorized in writing by, or by rule of, the

1-20     commission; and

1-21                 [(2)] (3)  the generator of the Class I nonhazardous

1-22     waste certifies on an appropriate commission form that the waste is

1-23     not a hazardous waste.

1-24           (b)  Except as otherwise prohibited by this chapter,

 2-1     nonhazardous industrial solid waste generated by the mechanical

 2-2     shredding of motor vehicles, appliances, or other items of scrap,

 2-3     used, or obsolete metals shall be accepted, without authorization

 2-4     by the commission under Subsection (a), in a municipal solid waste

 2-5     facility that has previously been authorized to accept and has

 2-6     accepted Class I nonhazardous industrial solid wastes or Class II

 2-7     industrial solid wastes if the waste contains no free liquids, is

 2-8     not a hazardous waste as defined in Section 361.003, and satisfies

 2-9     other criteria that may be established by commission rule.  Until

2-10     the commission adopts rules establishing additional criteria,

2-11     generators of this type of waste shall satisfy the two criteria

2-12     described in this subsection when these wastes are disposed of in

2-13     municipal solid waste facilities.

2-14           (c)  Municipal solid waste may be accepted in an industrial

2-15     solid waste facility if authorized in writing by the commission.

2-16           SECTION 2.   The amendments made by Section 1 of the bill

2-17     shall become effective January 1, 1999.

2-18           SECTION 3.  The importance of this legislation and the

2-19     crowded condition of the calendars in both houses create an

2-20     emergency and an imperative public necessity that the

2-21     constitutional rule requiring bills to be read on three several

2-22     days in each house be suspended, and this rule is hereby suspended,

2-23     and that this Act take effect and be in force from and after its

2-24     passage, and it is so enacted.