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A BILL TO BE ENTITLED
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AN ACT
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relating to emergency response costs and certain other requirements |
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concerning solid waste facilities, including recycling facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.0145 to read as follows: |
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Sec. 361.0145. RESPONSE TO OR REMEDIATION OF FIRE OR |
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EMERGENCY. (a) The commission may make an immediate response to or |
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remediation of a fire or other emergency that involves solid waste, |
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including processed or unprocessed material suitable for recycling |
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or composting, as the commission determines necessary to protect |
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the public health or safety. |
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(b) Notwithstanding Section 361.014(b), revenue otherwise |
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dedicated under that section may be used for an action authorized by |
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Subsection (a). |
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(c) The commission may recover from a person who is |
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responsible for the solid waste as provided by Section 361.271 the |
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reasonable expenses incurred by the commission during an immediate |
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response and remediation action under Subsection (a). The state |
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may bring an action to recover those reasonable expenses. |
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(d) If the commission used for an action under Subsection |
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(a) money otherwise dedicated under Section 361.014(b), money |
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recovered under Subsection (c) shall be deposited in the state |
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treasury to the credit of the commission until the amount deposited |
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equals the amount of the dedicated money used. Money credited under |
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this subsection may be used only as provided by Section 361.014(b). |
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SECTION 2. Subchapter C, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.1191 to read as follows: |
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Sec. 361.1191. REGULATION OF CERTAIN RECYCLING FACILITIES |
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IN CERTAIN COUNTIES. (a) This section applies only to a recycling |
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facility that stores combustible materials and is located in a |
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county that: |
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(1) has a population of more than 1.3 million; and |
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(2) is subject to an early action compact, as defined |
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by Section 382.301. |
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(b) The commission by rule shall: |
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(1) require a recycling facility to grind, begin |
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composting, recycle, or transfer to another facility for recycling |
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or for another lawful purpose: |
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(A) at least 50 percent, by weight or volume, of |
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the combustible recyclable materials received by the facility |
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within 12 months of receiving the materials; and |
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(B) during each 12-month period, at least 50 |
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percent, by weight or volume, of the processed or unprocessed |
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combustible recycled or recyclable materials that have accumulated |
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at the facility; |
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(2) limit the storage capacity of a recycling facility |
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that is authorized to operate without obtaining a permit issued by |
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the commission or registering with the commission; |
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(3) limit the size of a pile of combustible recyclable |
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or recycled materials, including composting materials or mulch, at |
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a recycling facility; |
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(4) impose different standards for the registration of |
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a recycling facility appropriate to the size and number of piles of |
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combustible materials to be stored or processed at the facility; |
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(5) require a recycling facility to establish fire |
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lanes between piles of combustible materials; and |
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(6) require buffer zones between a recycling facility |
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and a residence, school, or church. |
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(c) A rule adopted by the commission under this section does |
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not become effective until the first anniversary of the date on |
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which the rule was adopted. |
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SECTION 3. Subchapter C, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.125 to read as follows: |
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Sec. 361.125. PERMIT REQUIREMENTS FOR MUNICIPAL SOLID WASTE |
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FACILITY ON RECHARGE OR TRANSITION ZONE OF SOLE SOURCE AQUIFER. (a) |
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The commission by rule shall: |
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(1) impose heightened standards for the issuance of a |
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permit for a municipal solid waste facility, including a recycling |
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facility, under this chapter if the facility is located on the |
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recharge zone or transition zone of a sole source aquifer; and |
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(2) require a municipal solid waste facility, |
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including a recycling facility, that is located on the recharge |
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zone of a sole source aquifer to install groundwater protection |
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features, such as liners and monitoring wells, specified by the |
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commission. |
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(b) A rule adopted by the commission under this section does |
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not become effective until the first anniversary of the date on |
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which the rule was adopted. |
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SECTION 4. This Act takes effect September 1, 2007. |