80R5785 JJT-D
 
  By: Van de Putte S.B. No. 1621
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to financial assurance required of certain recycling
facilities.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 361.119, Health and Safety Code, is
amended by amending Subsection (f) and adding Subsection (g) to
read as follows:
       (f)  The commission shall adopt rules to ensure that the
owner or operator of a recycling facility, including a composting
or mulching facility, has in place:
             (1) sufficient financial assurance conditioned on
satisfactorily operating and closing the facility and consistent
with the requirements of Section 361.085 for a solid waste facility
other than a facility for the disposal of hazardous waste; and
             (2)  sufficient financial assurance to cover the
potential costs necessary to fight and extinguish a fire at the
facility, as determined by the commission.
       (g)  Subsection (f) [This subsection] applies only to an
owner or operator of a recycling facility:
             (1)  at which combustible material is stored outdoors;
or
             (2)  that poses a significant risk to public health and
safety as determined by the commission.
       SECTION 2.  This Act takes effect September 1, 2007.