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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedures for acting on applications for certain |
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permits under the Solid Waste Disposal Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.0666, Health and Safety Code, is |
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amended by amending Subsections (a) and (c) and adding Subsection |
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(d-1) to read as follows: |
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(a) An applicant for a permit under this chapter for a new |
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facility that accepts municipal solid wastes shall participate in |
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[may hold] one [a] public meeting in the county in which the |
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proposed facility is to be located. The meeting must be held during |
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the designated public comment period and after the executive |
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director has completed the technical review of the application. |
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(c) The applicant shall present to the commission an |
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affidavit certifying that the notice was publishedprovided as |
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required by Subsection (b) this section. The commission's |
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acceptance of the affidavit raises a presumption that the applicant |
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has complied with Subsection (b) this section. |
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(d-1) At least 14 days before the date of the public meeting |
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required by Subsection (a), the applicant shall mail notice of the |
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meeting to each owner of real property located within one-quarter |
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mile of the proposed facility as reflected in the real property |
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appraisal records. For a new facility that is not located within |
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the boundaries of a previously permitted site, the applicant shall |
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also post notice of the meeting on a sign to be located at the |
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entrance to the property or at each major thoroughfare adjoining |
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the property, which shall be for informational purposes only. |
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SECTION 2. Section 361.0791, Health and Safety Code, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(f-1) to read as follows: |
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(a) Notwithstanding other law, the commission shall [may] |
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hold one [a] public meeting on an application for a new hazardous |
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waste management facility in the county in which the proposed |
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hazardous waste management facility is to be located. The |
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commission, on request of a person affected or as otherwise |
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required by commission rule, shall [may] hold a public meeting on an |
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application for a Class 3 modification or a major amendment to an |
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existing facility's hazardous waste permit. |
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(b) Notwithstanding other law In accordance with Section |
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361.0666, the commission shall [may] hold one [a] public meeting on |
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an application for a new municipal solid waste management facility |
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in the county in which the proposed municipal solid waste |
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management facility is to be located. |
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(f-1) At least 14 days before the date of the public meeting |
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required by Subsection (a), the applicant shall mail notice of the |
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meeting to each owner of real property located within one-quarter |
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mile of the proposed facility as reflected in the real property |
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appraisal records. For a new facility that is not located within |
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the boundaries of a previously permitted site, the applicant shall |
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also post notice of the meeting on a sign to be located at the |
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entrance to the property or at each major thoroughfare adjoining |
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the property, which shall be for informational purposes only. |
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SECTION 3. Section 361.082(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) In addition to the hearing held under this section, the |
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commission shall [may] hold one [a] public meeting and the |
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applicant shall give notice as provided by Section 361.0791. |
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SECTION 4. Section 361.534, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 361.534. PERMIT PUBLIC MEETING. (a) The commission |
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shall schedule a public meeting to be held not later than the 60th |
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day after the date the commission receives [may hold a public
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meeting on] an application under this subchapter. |
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(b) [The commission shall hold a public meeting on an
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application under this subchapter:
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[(1)
on the request of a member of the legislature who
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represents the general area in which the development is proposed to
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be located; or
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[(2)
if the executive director determines that there
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is substantial public interest in the proposed development.
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[(c)] The commission by mail shall notify the applicant of |
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the date, time, and place of the public meeting at least 45 days |
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before the date of the public meeting. The commission shall require |
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the applicant to publish notice of the public meeting in a newspaper |
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that is generally circulated in each county in which the property |
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proposed for development is located. The published notice must |
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appear at least once a week for the two weeks before the date of the |
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public meeting. |
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(c) At least 14 days before the date of the public meeting |
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required by Subsection (a), the applicant shall mail notice of the |
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meeting to each owner of real property located within one-quarter |
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mile of the proposed facility as reflected in the real property |
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appraisal records. The applicant shall also post notice of the |
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meeting on a sign to be located at the entrance to the property or at |
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each major thoroughfare adjoining the property, which shall be for |
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informational purposes only. |
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SECTION 5. The changes in law made by this Act apply only to |
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an application that is filed with the Texas Commission on |
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Environmental Quality on or after the effective date of this Act. |
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An application that was filed with the commission before the |
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effective date of this Act is governed by the former law, and that |
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law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2009. |