By: Chisum (Senate Sponsor - Seliger) H.B. No. 1609
(In the Senate - Received from the House April 28, 2005;
April 29, 2005, read first time and referred to Committee on
Natural Resources; May 18, 2005, reported favorably by the
following vote: Yeas 7, Nays 0; May 18, 2005, sent to printer.)
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.
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