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.