HBA-MPM H.B. 3749 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3749 By: Dukes Environmental Regulation 3/30/1999 Introduced BACKGROUND AND PURPOSE Currently, there are landfills in Texas which contain unspecified amounts of industrial hazardous waste which was deposited in the landfill prior to lining and permitting requirements. H.B. 3749 requires the Texas Natural Resource Conservation Commission to require the owners of such landfills to remove the waste and dispose of it according to current state regulation. Additionally, the bill authorizes a court with proper jurisdiction to issue an injunction to enjoin a violation or threatened violation. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Natural Resource Conservation Commission in SECTION 1 of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Requires the Texas Natural Resource Conservation Commission, by rule, to require the owners of a landfill to exhume all industrial hazardous waste contained in the landfills and deposit the waste in a facility conforming to current statutes and regulations if the facility: _contains more than 500 barrels of industrial hazardous waste, _was built before lining requirements, and _has references to the industrial hazardous waste in its dead filing documents. SECTION 2. Authorizes a court with jurisdiction to issue an injunction to enjoin the violation or threatened violation of this section. Provides that the venue is in the county in which the facility would be located. Authorizes the county attorney or other attorney representing that county, or the attorney general to initiate the action. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.