79R12151 SLO-F


By:  Bonnen                                                       H.B. No. 1899

Substitute the following for H.B. No. 1899:                                   

By:  Bonnen                                                   C.S.H.B. No. 1899



A BILL TO BE ENTITLED

AN ACT

relating to the regulation and permitting of a commercial 
industrial solid waste facility connected to a publicly owned 
treatment works facility.
	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 361.0901 to read as follows:
	Sec. 361.0901.  REGULATION AND PERMITTING OF CERTAIN 
COMMERCIAL INDUSTRIAL SOLID WASTE FACILITIES.  (a)  In this 
section:
		(1)  "Captured facility" has the meaning assigned by 
Section 361.131.
		(2)  "Commercial industrial solid waste facility" 
means any industrial solid waste facility that accepts industrial 
solid waste for a charge, but does not include a municipal solid 
waste facility, a captured facility, or a facility that accepts 
waste only from other facilities owned or effectively controlled by 
the same person.
		(3)  "Publicly owned treatment works" means any device 
or system used in the treatment, recycling, or reclamation of 
municipal sewage or industrial waste of a liquid nature that is 
owned by a state or by a municipality as defined by Section 502(4), 
Federal Water Pollution Control Act (33 U.S.C. Section 1362).  The 
term includes a sewer, pipe, or other conveyance only if the sewer, 
pipe, or conveyance conveys wastewater to a publicly owned 
treatment works providing treatment.
	(b)  A commercial industrial solid waste facility may not 
receive industrial solid waste for discharge into a publicly owned 
treatment works facility without first obtaining from the 
commission a permit under this chapter or a permit under Chapter 26, 
Water Code.
	(c)  This section does not require a commercial industrial 
solid waste facility to obtain a permit to receive for discharge 
into a publicly owned treatment works facility liquid wastes that 
are incidental to the handling, processing, storage, or disposal of 
solid wastes at a municipal solid waste facility or commercial 
industrial solid waste landfill facility.
	SECTION 2.  (a)  The Texas Commission on Environmental 
Quality shall adopt rules regarding permits for commercial 
industrial solid waste facilities as required by Section 361.0901, 
Health and Safety Code, as added by this Act, not later than 
February 1, 2006.
	(b)  A commercial industrial solid waste facility may not 
accept industrial solid waste on or after June 1, 2006, unless the 
facility obtains a permit as required by Section 361.0901, Health 
and Safety Code, as added by this Act.
	SECTION 3.  This Act takes effect September 1, 2005.