SRC-JLB S.B. 1511 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1511
By: Zaffirini / Madla
Natural Resources
3/29/2003
As Filed


DIGEST AND PURPOSE 

Current Texas Commission on Environmental Quality regulations for
municipal solid waste (MSW) landfills have been criticized by some as
failing to protect neighboring communities.  As proposed, S.B. 1511 sets
forth height limits for MSW landfills; extends the current required buffer
zone to 1,000 feet; requires MSW landfill permit holders to apply for
renewal every ten years; and clarifies which communities must be included
in pre-approval impact assessments. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Commission on Environmental
Quality in SECTION 5(b) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 361C, Health and Safety Code, by adding Section
361.070, as follows: 
 
Sec. 361.070.  CONSIDERATION OF COMMUNITY AFFECTED BY MUNICIPAL SOLID
WASTE LANDFILL.  (a)  Requires the Texas Commission on Environmental
Quality (TCEQ) to make certain requirements and considerations when
issuing a permit. 

(b)  Requires an assessment for purposes of this section to account for
effects on residents, regardless of whether the residents reside in a
municipality, and on businesses, schools, churches, or other gathering
places in the area of the landfill or proposed landfill. 
 
SECTION 2.  Amends Chapter 361C, Health and Safety Code, by adding Section
361.1156, as follows: 

Sec. 361.1156.  MUNICIPAL SOLID WASTE LANDFILL FACILITY PERMIT PERIOD.
(a)  Provides that this section applies to a municipal solid waste
landfill facility operating and maintained under a permit issued by TCEQ
or a predecessor agency, regardless of the duration of the term specified
by the permit. 
 
(b)  Requires the owner or operator of a municipal solid waste landfill
facility to apply for the renewal of the permit to operate and maintain
the facility under this chapter not later than the 30th day before the
10th anniversary of the date on which the existing permit was issued or
last renewed.  Requires the owner or operator, if on September 1, 2003,
the 10th anniversary has passed, to apply for the renewal of the permit
not later than December 31, 2003. 
 
SECTION 3.  Amends Chapter 361C, Health and Safety Code, by adding Section
361.1155, as follows: 
 
Sec. 361.1155.  HEIGHT OF LANDFILL.  Prohibits TCEQ from issuing,
renewing, or amending a permit for a solid waste landfill facility if the
landfill, when filled to the capacity stated in the application for the
issuance of a permit or in the request to renew or amend an existing
permit, would be the highest visible landmark in a two-mile radius of  the
landfill. 
 
SECTION 4.  Amends Chapter 361C, Health and Safety Code, by adding Section
361.1205, as follows:  

Sec. 361.1205.  MUNICIPAL SOLID WASTE LANDFILL BUFFER ZONE.  Requires TCEQ
to require as a permit condition for a new municipal solid waste landfill
a 1,000foot buffer zone with appropriate markers to indicate the location
of the zone. 
 
SECTION 5.  (a)  Requires TCEQ, not later than October 1, 2003, to notify
the owner or operator of each municipal solid waste landfill facility
operating and maintained under a permit issued under Chapter 361, Health
and Safety Code, or its predecessor statute, Article 4477-7, V.T.C.S., of
the changes in law made by this Act. 
 
(b)  Requires TCEQ, not later than December 1, 2003, to adopt any rules
necessary for the implementation of this Act. 
 
SECTION 6.  Effective date:  September 1, 2003.