|
|
|
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) Subject to Subsection |
|
(b), the commission shall review a permit issued under this chapter |
|
for a municipal solid waste facility if: |
|
(1) the review is requested by: |
|
(A) a state legislator representing the area in |
|
which the facility is located or an area located one mile or less |
|
from the facility; or |
|
(B) a resolution of the commissioners court of |
|
the county in which the facility is located or of a county with |
|
territory located one mile or less from the facility; or |
|
(2) the executive director finds that the permit |
|
holder's compliance history for the preceding five years contains |
|
violations that constitute a recurring pattern of conduct |
|
demonstrating a consistent disregard for the regulatory process, |
|
including the failure to make a timely and substantial attempt to |
|
correct the violations. |
|
(b) The commission is not required to conduct a review under |
|
Subsection (a) more than once during a five-year period or within |
|
five years of the initial issuance of a permit. |
|
(c) The commission by rule shall establish a review |
|
procedure that includes: |
|
(1) notice of the review and notice of the opportunity |
|
for public comment: |
|
(A) posted on the commission's Internet website; |
|
and |
|
(B) mailed to each person entitled to receive |
|
notice of a permit application; |
|
(2) a review of complaint records regarding the |
|
facility received in the preceding five years to determine if there |
|
is a pattern to the complaints, 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; |
|
(3) consultation with the commission enforcement |
|
staff in the regional office responsible for overseeing the |
|
facility; |
|
(4) a review of all enforcement actions and notices of |
|
violation by local and state agencies; and |
|
(5) commission staff response to comments and a |
|
commission decision regarding whether: |
|
(A) the permit under review should be changed, as |
|
required for permit applications and modifications; or |
|
(B) the commission should take enforcement |
|
action. |
|
(d) This section does not apply to a permit: |
|
(1) for an industrial solid waste facility; or |
|
(2) for a land application unit under Section 361.121. |
|
SECTION 2. Section 361.088(g), Health and Safety Code, is |
|
repealed. |
|
SECTION 3. This Act takes effect September 1, 2009. |