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79R11911 SGA-D


By:  Chisum                                                       H.B. No. 1609

Substitute the following for H.B. No. 1609:                                   

By:  Smith of Harris                                          C.S.H.B. No. 1609



A BILL TO BE ENTITLED

AN ACT

relating to the allowed wastes and exemptions applicable to certain 
municipal solid waste landfill units in arid areas.
	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.  ALLOWED WASTES AND EXEMPTIONS FOR CERTAIN 
SMALL MUNICIPAL SOLID WASTE LANDFILLS IN ARID AREAS. (a) In this 
section:
		(1)  "Construction or demolition waste" means any 
material waste that is the byproduct of a construction or 
demolition project, including paper, cartons, gypsum board, wood, 
excelsior, rubber, and plastics.
		(2)  "Small municipal solid waste landfill unit" means 
a discrete area of land or an excavation that:
			(A)  receives municipal solid waste or other solid 
wastes allowed by law; and
			(B)  disposes of less than 20 tons of municipal 
solid waste daily based on an annual average.
	(b)  This section applies only to a small municipal solid 
waste landfill unit that is permitted as an arid exempt landfill 
under commission rules.
	(c)  A small municipal solid waste landfill unit daily may 
dispose of less than 20 tons of construction or demolition waste in 
addition to the municipal solid waste the unit normally receives.
	(d)  The commission, in accordance with state and federal 
solid wastes laws, may, under rules adopted by the commission, 
grant a small municipal solid waste landfill unit an exemption from 
the requirements for groundwater protection design and operation 
and groundwater monitoring and corrective action if there is no 
evidence of groundwater contamination from the unit.
	(e)  The commission shall adopt rules as are necessary to 
implement this section in a manner that maintains compliance with 
and state program authorization under Section 3006 of the federal 
Solid Waste Disposal Act, as amended by the Resource Conservation 
and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.).
	SECTION 2.  Section 361.123, Health and Safety Code, as 
added by this Act, applies only to operations of a small municipal 
solid waste landfill unit, as defined by that section, on and after 
January 1, 2006.
	SECTION 3.  This Act takes effect September 1, 2005.