AN ACT
1-1 relating to the processing or disposing of solid waste.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 361.066, Health and Safety Code, is
1-4 amended by amending Subsection (a) and adding Subsection (c) to
1-5 read as follows:
1-6 (a) An applicant must submit any portion of an application
1-7 that the commission determines is necessary to make the application
1-8 administratively complete not later than the deadline set by the
1-9 commission under Subsection (c) [270th day after the applicant
1-10 receives notice from the commission that the additional information
1-11 or material is needed].
1-12 (c) The commission by rule shall establish a deadline for
1-13 the submission of additional information or material after the
1-14 applicant receives notice from the commission that the information
1-15 or material is needed to make the application administratively
1-16 complete.
1-17 SECTION 2. Subchapter C, Chapter 361, Health and Safety
1-18 Code, is amended by adding Section 361.118 to read as follows:
1-19 Sec. 361.118. REMEDIAL ACTION REGARDING INDUSTRIAL SOLID
1-20 WASTE DISPOSED OF IN MUNICIPAL SOLID WASTE LANDFILL FACILITY.
1-21 (a) This section applies only to a municipal solid waste landfill
1-22 facility:
1-23 (1) for which the commission has issued a permit; and
1-24 (2) a portion of which:
2-1 (A) has been used for the disposal of more than
2-2 15,000 barrels of industrial solid waste;
2-3 (B) is closed; and
2-4 (C) is the subject of a notice regarding the
2-5 former use of the property recorded in the real property records of
2-6 the county in which the facility is located.
2-7 (b) If the commission determines that there is a release or
2-8 that a release is imminent into the environment of industrial
2-9 solid waste disposed of in the portion of the facility that has
2-10 been closed, the commission shall require the owner of the facility
2-11 to remediate as necessary and to the extent practicable to prevent
2-12 or minimize the release of the waste so that the waste does not
2-13 migrate or have the potential to migrate.
2-14 (c) If the commission requires the owner of the facility to
2-15 remediate under Subsection (b), the owner shall develop a remedial
2-16 action plan and must obtain a major amendment to the permit for the
2-17 facility approving the plan.
2-18 (d) This section does not limit the applicability of Section
2-19 26.121, Water Code.
2-20 SECTION 3. Section 361.152, Health and Safety Code, is
2-21 amended to read as follows:
2-22 Sec. 361.152. LIMITATION ON COUNTY POWERS CONCERNING
2-23 INDUSTRIAL SOLID WASTE. The powers specified by Sections
2-24 361.154-361.162 and Section [Sections] 364.011 [and 364.012]
2-25 (County Solid Waste Control Act) may not be exercised by a county
2-26 with respect to the industrial solid waste disposal practices and
3-1 areas to which Section 361.090 applies.
3-2 SECTION 4. Section 363.112, Health and Safety Code, is
3-3 amended by amending Subsections (a) and (c) and adding Subsections
3-4 (d) and (e) to read as follows:
3-5 (a) To prohibit the processing or disposal of municipal or
3-6 industrial solid waste in certain areas of a municipality or
3-7 county, the governing body of the municipality or county must by
3-8 ordinance or order specifically designate the area of the
3-9 municipality or county, as appropriate, in which the disposal of
3-10 municipal or industrial solid waste will not be prohibited.
3-11 (c) The governing body of a municipality or county may not
3-12 prohibit the processing or disposal of municipal or industrial
3-13 solid waste in an area of that municipality or county for which:
3-14 (1) an application for a permit or other authorization
3-15 under Chapter 361 has been filed with and is pending before the
3-16 commission; or
3-17 (2) a permit or other authorization under Chapter 361
3-18 has been issued by the commission.
3-19 (d) The commission may not grant an application for a permit
3-20 to process or dispose of municipal or industrial solid waste in an
3-21 area in which the processing or disposal of municipal or industrial
3-22 solid waste is prohibited by an ordinance or order authorized by
3-23 Subsection (a), unless the governing body of the municipality or
3-24 county violated Subsection (c) in passing the ordinance or order.
3-25 The commission by rule may establish procedures for determining
3-26 whether an application is for the processing or disposal of
4-1 municipal or industrial solid waste in an area for which that
4-2 processing or disposal is prohibited by an ordinance or order.
4-3 (e) The powers specified by this section may not be
4-4 exercised by the governing body of a municipality or county with
4-5 respect to areas to which Section 361.090 applies [This section
4-6 does not apply to a municipality or county that has adopted solid
4-7 waste management plans approved by the commission under Section
4-8 363.063].
4-9 SECTION 5. Section 364.012, Health and Safety Code, is
4-10 amended by amending Subsections (a) and (b) and adding Subsections
4-11 (e), (f), and (g) to read as follows:
4-12 (a) The county may prohibit the disposal of municipal or
4-13 industrial solid waste in the county if the disposal of the
4-14 municipal or industrial solid waste is a threat to the public
4-15 health, safety, and welfare.
4-16 (b) To prohibit the disposal of municipal or industrial
4-17 solid waste in a county, the commissioners court must adopt an
4-18 ordinance in the general form prescribed for municipal ordinances
4-19 specifically designating the area of the county in which municipal
4-20 or industrial solid waste disposal is not prohibited. [The
4-21 requirement in this subsection does not apply if the county has
4-22 adopted solid waste disposal guidelines approved by the Texas
4-23 Natural Resource Conservation Commission.]
4-24 (e) The commissioners court of a county may not prohibit the
4-25 processing or disposal of municipal or industrial solid waste in an
4-26 area of that county for which:
5-1 (1) an application for a permit or other authorization
5-2 under Chapter 361 has been filed with and is pending before the
5-3 commission; or
5-4 (2) a permit or other authorization under Chapter 361
5-5 has been issued by the commission.
5-6 (f) The commission may not grant an application for a permit
5-7 to process or dispose of municipal or industrial solid waste in an
5-8 area in which the processing or disposal of municipal or industrial
5-9 solid waste is prohibited by an ordinance, unless the county
5-10 violated Subsection (e) in passing the ordinance. The commission
5-11 by rule may specify the procedures for determining whether an
5-12 application is for the processing or disposal of municipal or
5-13 industrial solid waste in an area for which that processing or
5-14 disposal is prohibited by an ordinance.
5-15 (g) The powers specified by this section may not be
5-16 exercised by a county with respect to areas to which Section
5-17 361.090 applies.
5-18 SECTION 6. (a) This Act takes effect September 1, 1999.
5-19 (b) The changes in law made by this Act to Sections 361.152,
5-20 363.112, and 364.012, Health and Safety Code, do not apply to an
5-21 application filed:
5-22 (1) before September 1, 1998, if the county
5-23 commissioners court has, on or before September 1, 1999, enacted an
5-24 ordinance or adopted an order under Section 363.112 or 364.012,
5-25 Health and Safety Code; or
5-26 (2) on or after September 1, 1998, but before
6-1 September 1, 1999, if the county commissioners court has, on or
6-2 before September 1, 1999, provided notice in accordance with
6-3 Chapter 551, Government Code, of its intent to enact an ordinance
6-4 or adopt an order under Section 363.112 or 364.012, Health and
6-5 Safety Code, and the ordinance or order is effective on or before
6-6 January 1, 2000.
6-7 SECTION 7. The importance of this legislation and the
6-8 crowded condition of the calendars in both houses create an
6-9 emergency and an imperative public necessity that the
6-10 constitutional rule requiring bills to be read on three several
6-11 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 486 passed the Senate on
March 11, 1999, by a viva-voce vote; and that the Senate concurred
in House amendments on May 25, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 486 passed the House, with
amendments, on May 22, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor