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.