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A BILL TO BE ENTITLED
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AN ACT
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relating to the review of solid waste facility permits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.0881 to read as follows: |
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Sec. 361.0881. PERMIT REVIEW. (a) The commission shall |
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review a permit issued under this chapter every five years if: |
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(1) the facility has a compliance history that is in |
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the lowest classification under Sections 5.753 and 5.754, Water |
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Code, and rules and procedures developed under those sections; or |
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(2) the review is requested by: |
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(A) a state legislator representing the area in |
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which the facility is located; |
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(B) a local governmental entity with |
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jurisdiction over the location of the facility, by resolution of |
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the entity's governing body; |
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(C) a council of governments with jurisdiction |
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over the area of the facility, by formal request of either the |
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council's solid waste advisory committee, executive committee, or |
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governing board; |
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(D) a homeowners' or property owners' association |
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formally organized or chartered and having at least 10 members |
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located in the general area in which the facility is located; or |
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(E) 10 or more local residents, property owners, |
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or businesses located in the general area in which the facility is |
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located. |
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(b) The commission by rule shall establish a review |
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procedure that includes: |
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(1) notice of the review and the opportunity for |
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public comment: |
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(A) on the commission's Internet website; and |
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(B) mailed to each person entitled to receive |
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notice of a permit application; |
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(2) commission staff response to comments as required |
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for permit applications and modifications; |
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(3) a review of all complaints regarding the facility |
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received in the preceding five years, including a determination of: |
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(A) the number of complaints; |
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(B) the number of people lodging complaints; and |
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(C) the commission's evaluation of those |
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complaints; |
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(4) consultation with the commission enforcement |
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staff in the regional office responsible for overseeing the |
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facility; and |
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(5) review of all instances of alleged noncompliance, |
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including instances that do not result in a written notice of |
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violation. |
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(c) The commission may: |
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(1) recommend changes to a permit reviewed under this |
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section; or |
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(2) impose a limit on the term of a facility's permit |
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if a review under this section reveals that a facility may threaten |
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the public health or safety or the environment. |
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SECTION 2. Section 361.088(g), Health and Safety Code, is |
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repealed. |
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SECTION 3. This Act takes effect September 1, 2007. |