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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 Subsection (a) and adding Subsection (d-1) to |
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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 [may] hold a |
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public meeting in the county in which the proposed facility is to be |
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located. The meeting must be held before the 45th day after the |
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date the application is filed. |
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(d-1) Not later than the 14th day before the date of the |
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public meeting, the applicant shall: |
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(1) place on the property on which the proposed |
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facility is to be located a sign giving notice of the public |
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meeting; and |
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(2) mail notice of the public meeting to each owner or |
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occupant of real property located within one mile of the proposed |
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facility. |
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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 a public meeting on an application for a new hazardous waste |
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management facility in the county in which the proposed hazardous |
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waste management facility is to be located. The commission, on |
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request of a person affected or as otherwise required by commission |
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rule, shall [may] hold a public meeting on an application for a |
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Class 3 modification or a major amendment to an existing facility's |
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hazardous waste permit. |
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(b) Notwithstanding other law, the commission shall [may] |
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hold a public meeting on an application for a new municipal solid |
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waste management facility in the county in which the proposed |
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municipal solid waste management facility is to be located. |
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(f-1) Not later than the 14th day before the date of a public |
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meeting under this section, the applicant shall: |
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(1) place on the property on which the proposed |
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facility is to be located a sign giving notice of the public |
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meeting; and |
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(2) mail notice of the public meeting to each owner or |
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occupant of real property located within one mile of the proposed |
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facility. |
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SECTION 3. Section 361.081(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The commission shall require the applicant to mail |
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notice to each residential or business address located within one |
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[one-half] mile of a new solid waste management facility and to each |
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owner of real property located within one [one-half] mile of a new |
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solid waste management facility listed in the real property |
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appraisal records of the appraisal district in which the solid |
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waste management facility is sought to be permitted as of the date |
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the commission determines the permit application is |
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administratively complete. The notice must be sent by mail and must |
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be deposited with the United States postal service not more than 45 |
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days or less than 30 days before the date of the hearing. |
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SECTION 4. 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 a public meeting and the applicant |
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shall give notice as provided by Section 361.0791. |
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SECTION 5. 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 30th |
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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 not later than the |
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15th day before the date of the public meeting. The commission |
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shall [require the applicant to] publish notice of the public |
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meeting in a newspaper that is generally circulated in each county |
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in which the property proposed for development is located. The |
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published notice must appear at least once a week for the two weeks |
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before the date of the public meeting. |
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(c) Not later than the 14th day before the date of the public |
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meeting, the applicant shall: |
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(1) place on the property proposed for development a |
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sign giving notice of the public meeting; and |
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(2) mail notice of the public meeting to each owner or |
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occupant of real property located within one mile of the property |
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proposed for development. |
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SECTION 6. 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 7. This Act takes effect September 1, 2009. |