79R4505 JJT-D
By: Hope H.B. No. 1053
A BILL TO BE ENTITLED
AN ACT
relating to the location of municipal solid waste 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 361.123 to read as follows:
Sec. 361.123. LIMITATION ON LOCATION OF MUNICIPAL SOLID
WASTE LANDFILLS; BOUNDARY AND MEASUREMENT. (a) The commission may
not issue a permit for a new municipal solid waste landfill or the
areal expansion of an existing municipal solid waste landfill
unless:
(1) the landfill is to be located at least 1,000 feet
from any part of an established residence, place of worship,
school, day-care center, or dedicated public park; and
(2) the property boundary of the landfill site is
located at least 75 feet from the landfill unit, as it is proposed
to be constructed or expanded.
(b) In determining the distance from the landfill for the
purposes of Subsection (a)(1), the commission shall require
measurements to be taken from the property boundary of the landfill
site and toward an established residence, place of worship, school,
day-care center, or dedicated public park that is in use when the
notice of intent to file a permit application is filed with the
commission or, if no notice of intent is filed, when the permit
application is filed with the commission.
SECTION 2. Section 361.123, Health and Safety Code, as
added by this Act, applies only to the issuance of a permit for a new
municipal solid waste landfill or the areal expansion of an
existing municipal solid waste landfill, the application for which
is received by the Texas Commission on Environmental Quality on or
after September 1, 2005.
SECTION 3. This Act takes effect September 1, 2005.