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A BILL TO BE ENTITLED
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AN ACT
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relating to violations relating to hazardous waste. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.162, Water Code, is amended to read as |
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follows: |
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Sec. 7.162. VIOLATIONS RELATING TO HAZARDOUS WASTE. (a) A |
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person commits an offense if the person[, acting] intentionally or |
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knowingly acts in any of the following ways [with respect to the
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person's conduct]: |
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(1) transports, or causes or allows to be transported, |
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for storage, processing, or disposal, any hazardous waste to any |
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location without [that does not have] all required permits; |
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(2) stores, processes, exports or disposes of, or |
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causes to be stored, processed, exported, or disposed of, any |
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hazardous waste without all permits required by the appropriate |
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regulatory agency or in knowing violation of any material condition |
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or requirement of a permit or of an applicable interim status rule |
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or standard; |
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(3) omits or causes to be omitted material information |
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or makes or causes to be made any false material statement or |
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representation in any application, label, manifest, record, |
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report, permit, plan or other document filed[,] or required to be |
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maintained[,] or used to comply with any requirement of Chapter |
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361, Health and Safety Code, applicable to hazardous waste; |
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(4) generates, transports, stores, processes, or |
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disposes of, or otherwise handles, or causes to be generated, |
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transported, stored, processed, disposed of, or otherwise handled, |
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hazardous waste, whether the activity took place before or after |
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September 1, 1981, and who knowingly destroys, alters, conceals, or |
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does not file, or cause to be destroyed, altered, concealed, or not |
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filed, any record, application, manifest, report, or other document |
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required to be maintained or filed to comply with the rules of the |
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appropriate regulatory agency adopted under Chapter 361, Health and |
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Safety Code; |
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(5) transports without a manifest, or cause or allows |
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to be transported without a manifest, any hazardous waste required |
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by rules adopted under Chapter 361, Health and Safety Code, to be |
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accompanied by a manifest; |
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(6) tampers with, modifies, disables, or fails to use |
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required pollution control or monitoring devices, systems, |
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methods, or practices, unless done in strict compliance with |
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Chapter 361, Health and Safety Code, or with an order, rule, or |
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permit of the appropriate regulatory agency; |
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(7) releases, causes, or allows the release of a |
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hazardous waste that causes or threatens to cause pollution, unless |
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the release is made in strict compliance with a [all] required |
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permit [permits] or an order[,] or rule[, or permit] of the |
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appropriate regulatory agency; or |
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(8) does not notify or report to the appropriate |
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regulatory agency as required by Chapter 361, Health and Safety |
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Code, or by a rule adopted or an order or a permit issued by the |
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appropriate regulatory agency under that chapter. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |