By Chisum H.B. No. 3021
77R7727 JJT-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the definitions of "hazardous waste" and "oil and gas
1-3 hazardous waste" for use in environmental regulation and
1-4 enforcement.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 361.003(12), Health and Safety Code, is
1-7 amended to read as follows:
1-8 (12) "Hazardous waste" means a solid waste or
1-9 combination of solid wastes that:
1-10 (A) because of its quantity, concentration, or
1-11 physical, chemical, or infectious characteristics may:
1-12 (i) cause or significantly contribute to
1-13 an increase in mortality or an increase in serious irreversible or
1-14 incapacitating reversible illness; or
1-15 (ii) pose a substantial present or
1-16 potential hazard to human health or the environment when improperly
1-17 treated, stored, transported, disposed of, or otherwise managed;
1-18 and
1-19 (B) is identified by the commission as a
1-20 hazardous waste by rules that are not more stringent than is
1-21 necessary to maintain state program authorization under [solid
1-22 waste identified or listed as a hazardous waste by the
1-23 administrator of the United States Environmental Protection Agency
1-24 under the federal Solid Waste Disposal Act, as amended by] the
2-1 Resource Conservation and Recovery Act of 1976, as amended (42
2-2 U.S.C. Section 6901 et seq.).
2-3 SECTION 2. Section 363.004(6), Health and Safety Code, is
2-4 amended to read as follows:
2-5 (6) "Hazardous waste" has the meaning assigned by
2-6 Section 361.003 [means solid waste identified or listed as a
2-7 hazardous waste by the administrator of the United States
2-8 Environmental Protection Agency under the federal Solid Waste
2-9 Disposal Act, as amended by the Resource Conservation and Recovery
2-10 Act (42 U.S.C. Section 6901 et seq.)].
2-11 SECTION 3. Section 91.601(1), Natural Resources Code, is
2-12 amended to read as follows:
2-13 (1) "Oil and gas hazardous waste" means an oil and gas
2-14 waste or combination of oil and gas wastes that:
2-15 (A) because of its quantity, concentration, or
2-16 physical, chemical, or infectious characteristics may:
2-17 (i) cause or significantly contribute to
2-18 an increase in mortality or an increase in serious irreversible or
2-19 incapacitating reversible illness; or
2-20 (ii) pose a substantial present or
2-21 potential hazard to human health or the environment when improperly
2-22 treated, stored, transported, disposed of, or otherwise managed;
2-23 and
2-24 (B) is identified by the commission as a
2-25 hazardous waste by rules that are not more stringent than is
2-26 necessary to maintain state program authorization under [oil and
2-27 gas waste that is a hazardous waste as defined by the administrator
3-1 of the United States Environmental Protection Agency under the
3-2 federal Solid Waste Disposal Act, as amended by] the Resource
3-3 Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et
3-4 seq.), as amended.
3-5 SECTION 4. Section 361.131(5), Health and Safety Code, is
3-6 repealed.
3-7 SECTION 5. A change in law made by this Act applies only to
3-8 an offense committed or a violation that occurs on or after the
3-9 effective date of this Act. An offense committed or violation that
3-10 occurs before the effective date of this Act is governed by the law
3-11 in effect immediately before that date and the former law is
3-12 continued in effect for that purpose. For purposes of this
3-13 section:
3-14 (1) an offense is committed before the effective date
3-15 of this Act if any element of the offense occurs before that date;
3-16 and
3-17 (2) a violation occurs before the effective date of
3-18 this Act if any event or action that is considered to be a part of
3-19 the violation occurs before that date.
3-20 SECTION 6. This Act takes effect September 1, 2001.