By: Van de Putte S.B. No. 1280

A BILL TO BE ENTITLED

relating to requirements concerning solid waste facilities, including recycling facilities, and to the storage of combustible recyclable materials, including compost and mulch.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 361, Health and Safety Code, is amended by adding Section 361.0145 to read as follows:

Sec. 361.0145. RESPONSE TO OR REMEDIATION OF FIRE OR EMERGENCY. (a) The commission may make an immediate response to or remediation of a fire or other emergency that involves solid waste, including processed or unprocessed material suitable for recycling or composting, as the commission determines necessary to protect the public health or safety.

(b) Notwithstanding Section 361.014(b), revenue otherwise dedicated under that section may be used for an action authorized by Subsection (a).

(c) The commission may recover from a person who is responsible for the solid waste as provided by Section 361.271 the reasonable expenses incurred by the commission during an immediate response and remediation action under Subsection (a). The state may bring an action to recover those reasonable expenses.

(d) If the commission used for an action under Subsection (a) money otherwise dedicated under Section 361.014(b), money recovered under Subsection (c) shall be deposited in the state treasury to the credit of the commission until the amount deposited equals the amount of the dedicated money used. Money credited under this subsection may be used only as provided by Section 361.014(b).

SECTION 2. Subchapter C, Chapter 361, Health and Safety Code, is amended by adding Section 361.1191 to read as follows:

Sec. 361.1191. REQUIREMENTS CONCERNING THE STORAGE OF COMBUSTIBLE MATERIALS. (a) This section:

(1) applies only to a facility that stores combustible materials; and

(2) does not apply to a facility that is owned or operated by or affiliated with a person who holds a permit to dispose of municipal solid waste or to a facility owned or operated by a local government.

(b) The commission by rule shall require a recycling facility to grind, begin composting, recycle, or transfer to another facility for recycling:

(1) at least 50 percent, by weight or volume, of the processed and unprocessed combustible recyclable materials received by the facility within 12 months of receiving the materials; and

(2) during each 12-month period, at least 50 percent, by weight or volume, of the processed and unprocessed combustible recyclable materials that have accumulated at the facility.

(c) The commission by rule shall limit the size of a pile of processed or unprocessed combustible recyclable materials including composting materials or mulch allowed at a solid waste processing facility, including a recycling facility that handles compost or mulch. A rule adopted under this subsection must conform to the International Fire Code, as published by the International Code Council, as the code existed on May 1, 2007.

(d) If the commission determines that a facility is not in compliance with a requirement prescribed by this section, the commission, in a manner determined by the commission, shall conduct an annual review and inspection of the facility.

(e) A rule adopted by the commission under this section does not become effective until the first anniversary of the date on which the rule was adopted.

SECTION 3. Subchapter C, Chapter 361, Health and Safety Code, is amended by adding Section 361.125 to read as follows:

Sec. 361.125. PERMIT REQUIREMENTS FOR MUNICIPAL SOLID WASTE FACILITY ON RECHARGE OR TRANSITION ZONE OF SOLE SOURCE AQUIFER. (a) In this section:

(1) "Recharge zone" and "transition zone" have the meanings assigned by 30 T.A.C. Section 213.3.

(2) "Sole source aquifer" means an aquifer that is the sole or principal source of drinking water for an area designated under Section 1424(e), Safe Drinking Water Act (42 U.S.C. Section 300h-3(e)).

(b) The commission by rule shall:

(1) impose heightened standards for the issuance of a permit for a municipal solid waste facility, including a recycling facility, under this chapter if the facility is located on the recharge zone or transition zone of a sole source aquifer;

(2) require a municipal solid waste facility, including a recycling facility, that is located on the recharge zone of a sole source aquifer to install groundwater protection features, such as liners and monitoring wells, specified by the commission; and

(3) require a recycling facility that is located on the recharge zone or transition zone of a sole source aquifer to establish fire lanes between piles of combustible materials.

SECTION 4. This Act takes effect September 1, 2007.