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A BILL TO BE ENTITLED
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AN ACT
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relating to certain circumstances under which the Texas Commission |
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on Environmental Quality is required or authorized to deny or amend |
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a permit under the Texas Clean Air Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 382, Health and Safety |
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Code, is amended by adding Sections 382.0592 and 382.0593 to read as |
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follows: |
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Sec. 382.0592. RESTRICTION ON ISSUANCE OR RENEWAL OF PERMIT |
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IF APPLICANT IS NOT IN COMPLIANCE WITH CLEANUP OBLIGATIONS. (a) In |
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this section, "contaminant" has the meaning assigned by Section |
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361.601. |
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(b) Notwithstanding the other provisions of this chapter, |
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the commission may not issue or renew a permit under this chapter if |
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the applicant has been determined by an order of an agency of the |
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federal government, an agency of this state or another state, a |
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local government, or a court to not be in compliance with an |
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obligation to clean up or remove a contaminant from a site located |
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in this state or another state unless the applicant submits: |
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(1) proof that the applicant is making satisfactory |
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progress in cleaning up or removing the contaminant from the site as |
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determined by the entity with jurisdiction over the cleanup or |
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removal; or |
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(2) proof of financial responsibility showing to the |
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satisfaction of the commission that the applicant has the ability |
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to pay the costs of cleaning up or removing the contaminant from the |
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site. |
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(c) The commission shall consult the United States |
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Environmental Protection Agency to determine whether an applicant |
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is subject to an order described by Subsection (b) pertaining to |
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cleaning up or removing a contaminant from a site located in another |
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state. |
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(d) An application for the issuance or renewal of a permit |
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under this chapter must: |
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(1) disclose any order described by Subsection (b) to |
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which the applicant is subject; or |
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(2) state that the applicant is not subject to an order |
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described by Subsection (b). |
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Sec. 382.0593. PERMIT DENIAL OR AMENDMENT. The commission |
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may deny or amend a permit, a permit amendment, or a permit renewal |
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under this chapter if the commission finds, after notice and |
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hearing, that: |
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(1) the applicant or permit holder has a compliance |
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history that is in the lowest classification under Sections 5.753 |
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and 5.754, Water Code, and rules adopted and procedures developed |
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under those sections; |
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(2) the applicant or permit holder made a false or |
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misleading statement in connection with an application submitted to |
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the commission or its officers or employees, whether the statement |
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is made in the application itself or in a written instrument |
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relating to the application; or |
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(3) the applicant or permit holder is indebted to this |
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state or a political subdivision of this state for a penalty or a |
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delinquent tax or fee. |
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SECTION 2. The change in law made by this Act applies only |
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to an application for a permit, permit amendment, or permit renewal |
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that is filed with the Texas Commission on Environmental Quality |
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under Chapter 382, Health and Safety Code, on or after the effective |
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date of this Act. An application for a permit, permit amendment, or |
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permit renewal that is filed with the commission under that chapter |
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before the effective date of this Act is governed by the law in |
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effect on the date the application is filed, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |