By: Hope (Senate Sponsor - Staples) H.B. No. 1053
(In the Senate - Received from the House May 16, 2005;
May 17, 2005, read first time and referred to Committee on Natural
Resources; May 20, 2005, reported favorably by the following vote:
Yeas 9, Nays 0; May 20, 2005, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the location of certain 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) This section
applies only to an application for a permit for a new municipal
solid waste landfill or an application for a permit for an areal
expansion of an existing municipal solid waste landfill if the
landfill is or is intended to be located in a county that:
(1) is adjacent to a county with a population of more
than 3.3 million; and
(2) contains part of a national forest.
(b) The commission may not issue a permit for a new
municipal solid waste landfill or an 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.
(c) In determining the distance from the landfill for the
purposes of Subsection (b)(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 an 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.
* * * * *