78R720 MI-D

By:  Dukes                                                        H.B. No. 594

relating to requiring hazardous waste detection devices at certain landfills. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter C, Chapter 361, Health and Safety Code, is amended by adding Section 361.0625 to read as follows: Sec. 361.0625. HAZARDOUS WASTE DETECTION DEVICE REQUIRED AT MUNICIPAL SOLID WASTE LANDFILL. (a) Unless a hazardous waste detection device is installed, maintained, and operated at a municipal solid waste landfill: (1) the commission under this subchapter, a county under Section 361.154, or a political subdivision exercising the authority of a county under Section 361.165 may not issue, amend, or renew a permit or license for the municipal solid waste landfill; and (2) the operator of the municipal solid waste landfill may not accept solid waste for disposal at the landfill. (b) The commission by rule shall determine: (1) the type of hazardous waste detection device that may be used to comply with this section; (2) the method of employing the device; and (3) the manner and timing of inspections to determine compliance. SECTION 2. (a) This Act takes effect September 1, 2003. (b) The changes in law made by Section 361.0625, Health and Safety Code, as added by this Act, apply to: (1) the issuance, amendment, or renewal of a permit or license for a municipal solid waste landfill under Subchapter C or Subchapter D, Chapter 361, Health and Safety Code, the application for which: (A) is filed on or after January 1, 2004; or (B) is pending on January 1, 2004; and (2) the operation of a municipal solid waste landfill on or after January 1, 2004.