80R8637 JTS-D

By: Zaffirini S.B. No. 1864

A BILL TO BE ENTITLED

AN ACT

relating to the review of solid waste facility permits.

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

SECTION 1. Subchapter C, Chapter 361, Health and Safety Code, is amended by adding Section 361.0881 to read as follows:

Sec. 361.0881. PERMIT REVIEW. (a) The commission shall review a permit issued under this chapter every five years if:

(1) the facility has a compliance history that is in the lowest classification under Sections 5.753 and 5.754, Water Code, and rules and procedures developed under those sections; or

(2) the review is requested by:

(A) a state legislator representing the area in which the facility is located;

(B) a local governmental entity with jurisdiction over the location of the facility, by resolution of the entity's governing body;

(C) a council of governments with jurisdiction over the area of the facility, by formal request of either the council's solid waste advisory committee, executive committee, or governing board;

(D) a homeowners' or property owners' association formally organized or chartered and having at least 10 members located in the general area in which the facility is located; or

(E) 10 or more local residents, property owners, or businesses located in the general area in which the facility is located.

(b) The commission by rule shall establish a review procedure that includes:

(1) notice of the review and the opportunity for public comment:

(A) on the commission's Internet website; and

(B) mailed to each person entitled to receive notice of a permit application;

(2) commission staff response to comments as required for permit applications and modifications;

(3) a review of all complaints regarding the facility received in the preceding five years, including a determination of:

(A) the number of complaints;

(B) the number of people lodging complaints; and

(C) the commission's evaluation of those complaints;

(4) consultation with the commission enforcement staff in the regional office responsible for overseeing the facility; and

(5) review of all instances of alleged noncompliance, including instances that do not result in a written notice of violation.

(c) The commission may:

(1) recommend changes to a permit reviewed under this section; or

(2) impose a limit on the term of a facility's permit if a review under this section reveals that a facility may threaten the public health or safety or the environment.

SECTION 2. Section 361.088(g), Health and Safety Code, is repealed.

SECTION 3. This Act takes effect September 1, 2007.