1-1 By: Brown S.B. No. 689
1-2 (In the Senate - Filed February 13, 2001; February 15, 2001,
1-3 read first time and referred to Committee on Natural Resources;
1-4 February 21, 2001, reported favorably by the following vote: Yeas
1-5 4, Nays 0; February 21, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the definition of hazardous waste.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Subdivision (12), Section 361.003, Health and
1-11 Safety Code, is amended to read as follows:
1-12 (12) "Hazardous waste" means a solid waste, or a
1-13 combination of solid wastes, which:
1-14 (A) because of its quantity, concentration, or
1-15 physical, chemical, or infectious characteristics may:
1-16 (i) cause or significantly contribute to
1-17 an increase in mortality or an increase in serious irreversible, or
1-18 incapacitating reversible, illness; or
1-19 (ii) pose a substantial present or
1-20 potential hazard to human health or the environment when improperly
1-21 treated, stored, transported, or disposed of or otherwise managed;
1-22 and
1-23 (B) is identified by the commission as a
1-24 hazardous waste by rule, provided that the rules implementing this
1-25 subdivision shall be consistent with, and not more stringent than
1-26 necessary to maintain state program authorization under,
1-27 [identified or listed as a hazardous waste by the administrator of
1-28 the United States Environmental Protection Agency under the federal
1-29 Solid Waste Disposal Act, as amended by] the Resource Conservation
1-30 and Recovery Act of 1976, as amended (42 U.S.C. Section 6901 et
1-31 seq.).
1-32 SECTION 2. Subdivision (1), Section 91.601, Natural
1-33 Resources Code, is amended to read as follows:
1-34 (1) "Oil and gas hazardous waste" means an oil and gas
1-35 waste, or a combination of oil and gas wastes, which:
1-36 (A) because of its quantity, concentration, or
1-37 physical, chemical, or infectious characteristics may:
1-38 (i) cause or significantly contribute to
1-39 an increase in mortality or an increase in serious irreversible, or
1-40 incapacitating reversible, illness; or
1-41 (ii) pose a substantial present or
1-42 potential hazard to human health or the environment when improperly
1-43 treated, stored, transported, or disposed of or otherwise managed;
1-44 and
1-45 (B) is identified by the commission as a
1-46 hazardous waste by rule, provided that the rules implementing this
1-47 subdivision shall be consistent with, and not more stringent than
1-48 necessary to obtain or maintain state program authorization under,
1-49 [that is a hazardous waste as defined by the administrator of the
1-50 United States Environmental Protection Agency under the federal
1-51 Solid Waste Disposal Act, as amended by] the Resource Conservation
1-52 and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.), as
1-53 amended.
1-54 SECTION 3. This Act takes effect immediately if it receives
1-55 a vote of two-thirds of the members elected to each house, as
1-56 provided by Section 39, Article III, Texas Constitution. If this
1-57 Act does not receive the vote necessary for immediate effect, this
1-58 Act takes effect September 1, 2001.
1-59 * * * * *