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79R3268 SMH-F

By:  Homer                                                        H.B. No. 3053



A BILL TO BE ENTITLED

AN ACT

relating to the exemption from the permitting requirements of the 
Texas Commission on Environmental Quality of certain municipal 
solid waste management facilities that are used in the transfer of 
municipal solid waste to a solid waste processing or disposal 
facility.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 361.111(a), Health and Safety Code, as 
added by Section 5, Chapter 802, Section 2.08, Chapter 899, and 
Section 10, Chapter 1045, Acts of the 73rd Legislature, Regular 
Session, 1993, is reenacted and amended to read as follows:
	(a)  The commission shall exempt from permit requirements a 
municipal solid waste management facility that is used in the 
transfer of municipal solid waste to a solid waste processing or 
disposal facility from:
		(1)  a municipality with a population of less than 
50,000;                  
		(2)  a county with a population of less than 85,000;                          
		(3)  a facility used in the transfer of municipal solid 
waste that transfers or will transfer 125 tons a day or less;  or
		(4)  a materials recovery facility, other than a grease 
trap waste or grit trap waste recycling facility, that recycles for 
reuse more than 10 percent of its incoming nonsegregated waste 
stream if the remaining nonrecyclable waste is transferred to a 
permitted Type I landfill not farther than 50 miles from the 
materials recovery facility.
	SECTION 2.  This Act takes effect September 1, 2005.