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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration of applications for permits for |
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certain commercial solid waste processing or treatment facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.0865 to read as follows: |
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Sec. 361.0865. CONSIDERATION OF PROCESSING OR TREATMENT |
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FACILITY PERMIT APPLICATIONS. (a) This section applies only to an |
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application for the issuance, amendment, extension, or renewal of a |
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permit for a commercial facility that accepts nonhazardous liquid |
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waste from municipal or industrial sources for processing or |
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treatment. This section does not apply to a facility owned or |
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operated by or affiliated with: |
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(1) a local government, including a facility leased to |
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or from a local government; or |
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(2) a person who holds a permit to dispose of |
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hazardous, municipal, or industrial solid waste. |
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(b) The commission may not issue, amend, extend, or renew a |
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permit unless the commission determines that the applicant |
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possesses adequate technical, managerial, and financial ability to |
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operate the facility safely and in compliance with all applicable |
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legal requirements. The commission shall consider, at a minimum: |
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(1) financial assurance information described by |
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Section 361.085(a); |
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(2) evidence of the professional qualifications of the |
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management or principals of the applicant; |
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(3) evidence of training, licensure, certification, |
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or relevant experience of individuals employed by the applicant who |
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are or will be involved in the operation of the facility; |
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(4) whether the applicant has a compliance history |
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classification as a poor performer, as determined by rules adopted |
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under Section 5.754, Water Code, or does not have a compliance |
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history; |
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(5) information related to past compliance, in |
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addition to the information provided under Section 361.084, as |
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required by the commission, including information indicating: |
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(A) for the preceding five years, whether, in |
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connection with an unauthorized acceptance or discharge of |
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municipal solid waste: |
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(i) two or more administrative orders that |
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assess penalties against the applicant or order the applicant to |
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take corrective measures have been issued by the commission; or |
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(ii) four or more notices of violation have |
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been issued by the commission to the applicant; and |
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(B) for the preceding 10 years, whether the |
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facility, the applicant, the principal shareholders of the owner of |
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the facility, or the individuals employed by the facility who are or |
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will be responsible for the operation of the facility have been |
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convicted of a violation of any environmental law; and |
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(6) any other evidence required by the commission |
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relating to the applicant's ability to comply with all applicable |
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legal requirements. |
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(c) The commission by rule shall adopt standards for making |
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a determination under Subsection (b). |
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(d) The commission may impose conditions on the issuance, |
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amendment, extension, or renewal of a permit designed to increase |
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the likelihood of the applicant's operation of the facility safely |
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and in compliance with all applicable legal requirements. |
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SECTION 2. The changes in law made by Section 361.0865, |
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Health and Safety Code, as added by this Act, apply only to an |
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application for the issuance, amendment, extension, or renewal of a |
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permit that is received by the Texas Commission on Environmental |
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Quality on or after the effective date of this Act. An application |
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that is received before that date is governed by the law in effect |
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at the time the application is received, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |