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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 |
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or remediation of a fire or other emergency that involves solid |
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waste, including processed or unprocessed material suitable for |
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recycling or composting, as the commission determines necessary to |
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protect 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 municipal |
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solid waste recycling facility that does not hold a permit or |
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registration issued by the commission that stores combustible |
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materials to produce mulch or compost and is located in a county |
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that: |
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(1) has a population of more than 1.3 million; and |
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(2) includes areas designated as a recharge or |
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transition zone of an aquifer as defined under the commission's |
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Edwards Aquifer Protection Program that is the sole or principal |
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source of drinking water for an area designated under Section |
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1424(e), Safe Drinking Water Act of 1974 (42 U.S.C. Section |
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300h-3(e)) and by the Environmental Protection Agency as the |
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Edwards Underground Reservoir under 40 Federal Register 58344. |
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(b) The commission by rule shall: |
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(1) prescribe time limits for processing and removing |
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materials from a facility; |
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(2) limit the amount of combustible material that may |
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be stored at a recycling facility; |
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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 a recycling |
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facility appropriate to the size and number of piles of combustible |
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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; |
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(6) require buffer zones between a recycling facility |
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and a residence, school, or church; and |
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(7) for a recycling facility that is located on a |
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recharge or transition zone referenced in Subsection |
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361.1191(a)(2): |
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(A) imposing more stringent standards; and |
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(B) requiring groundwater protection features, such |
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as liners and monitor wells. |
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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. This Act takes effect September 1, 2007. |
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