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78R6682 SMH-D

By:  Barrientos                                                   S.B. No. 1100



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of nuisance odors emanating from 
municipal solid waste landfill facilities.
	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 361.123 to read as follows:
	Sec. 361.123.  NUISANCE ODORS EMANATING FROM LANDFILLS.  (a)  
This section applies only to a municipal solid waste landfill 
facility that is located 3,000 feet or less from at least one 
residence in a residential area containing at least 20 residences.
	(b)  The commission shall regulate as a nuisance an odor 
emanating from a municipal solid waste landfill facility that 
interferes with the reasonable use and enjoyment of the property of 
a person occupying a residence located in a residential area 
described by Subsection (a).  The commission shall adopt rules to 
implement this section.
	(c)  A commission investigator shall categorize an odor 
emanating from a municipal solid waste landfill facility as a 
nuisance odor if the investigator determines that the odor 
interferes with the reasonable use and enjoyment of the property of 
a person occupying a residence located in a residential area 
described by Subsection (a).  The investigator is not required to 
determine that the odor is capable of causing nausea or headaches in 
order to categorize the odor as a nuisance odor.
	(d)  The commission shall issue a notice of violation to the 
owner or operator of a municipal solid waste landfill facility if:
		(1)  a person who occupies a residence located in a 
residential area described by Subsection (a) submits a complaint to 
the commission regarding an odor emanating from the facility; and
		(2)  the commission determines that the odor interferes 
with the reasonable use and enjoyment of the person's property.
	(e)  A notice of violation issued under Subsection (d) shall 
require the owner or operator of the facility to abate the nuisance.  
If the owner or operator of the facility fails to abate the 
nuisance, the commission shall initiate an action against the owner 
or operator to enforce the requirements of this section and rules 
adopted under this section.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.