76R11995 SMH-F
By Dukes H.B. No. 3749
Substitute the following for H.B. No. 3749:
By Allen C.S.H.B. No. 3749
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to remedial actions regarding industrial solid waste
1-3 disposed of in certain municipal solid waste landfill facilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 361, Health and Safety
1-6 Code, is amended by adding Section 361.118 to read as follows:
1-7 Sec. 361.118. REMEDIAL ACTION REGARDING INDUSTRIAL SOLID
1-8 WASTE DISPOSED OF IN MUNICIPAL SOLID WASTE LANDFILL FACILITY. (a)
1-9 This section applies only to a municipal solid waste landfill
1-10 facility:
1-11 (1) for which the commission has issued a permit; and
1-12 (2) a portion of which:
1-13 (A) has been used for the disposal of more than
1-14 15,000 barrels of industrial solid waste;
1-15 (B) is closed; and
1-16 (C) is the subject of a notice regarding the
1-17 former use of the property recorded in the real property records of
1-18 the county in which the facility is located.
1-19 (b) In the event of a release or threatened release into the
1-20 environment of industrial solid waste disposed of in the portion of
1-21 the facility that has been closed, the commission shall require the
1-22 owner of the facility to take remedial action as necessary and to
1-23 the extent practicable to prevent or minimize the release of the
1-24 waste so that the waste does not migrate or have the potential to
2-1 migrate.
2-2 (c) If the commission requires the owner of the facility to
2-3 take remedial action under Subsection (b), the owner shall develop
2-4 a remedial action plan and must obtain a major amendment to the
2-5 permit for the facility approving the plan.
2-6 SECTION 2. This Act takes effect September 1, 1999.
2-7 SECTION 3. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.