79R13615 SGA-F
By: Hegar, Olivo, Howard H.B. No. 3002
Substitute the following for H.B. No. 3002:
By: Smith of Harris C.S.H.B. No. 3002
A BILL TO BE ENTITLED
AN ACT
relating to the revocation of certain waste-related permits issued
by the Texas Commission on Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 7, Water Code, is amended
by adding Section 7.3045 to read as follows:
Sec. 7.3045. REVOCATION OF CERTAIN PERMITS REGARDING SOLID
WASTE. (a) Except as provided by Subsection (b), after notice and
hearing, the commission may revoke a permit for a municipal solid
waste landfill facility, transfer station, sludge disposal
facility, or an injection well if:
(1) the facility, station, or well has not begun to
receive the waste materials for which the permit was issued on or
before the sixth anniversary of the date the permit was issued; and
(2) the commissioners court of the county in which the
facility, station, or well is located adopts and forwards to the
commission a resolution recommending the revocation of the permit.
(b) Subsection (a) does not apply to a permit for a
municipal solid waste landfill facility, transfer station, sludge
disposal facility, or injection well issued to a municipality,
county, or other unit of local government.
(c) A municipality, county, or other unit of local
government may not sell, lease, or transfer a permit for a municipal
solid waste landfill facility, transfer station, sludge disposal
facility, or injection well to a private entity.
SECTION 2. This Act takes effect September 1, 2005.