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A BILL TO BE ENTITLED
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AN ACT
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relating to the amendment to an existing permit for a municipal |
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solid waste landfill facility to accept increased amounts of Class |
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1 industrial solid waste. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.088 of Subchapter C, Chapter 361, |
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Health and Safety Code, is amended to read as follows: |
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(a) The commission may amend, extend, or renew a permit it |
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issues in accordance with reasonable procedures prescribed by the |
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commission. |
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(b) The procedures prescribed by Section 361.067 for a |
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permit application apply to an application to amend, extend, or |
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renew a permit. |
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(c) Except as provided by Subsection (e)(f), before a permit |
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is issued, amended, extended, or renewed, the commission shall |
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provide an opportunity for a hearing to the applicant and persons |
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affected. The commission may also hold a hearing on its own motion. |
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(d) In addition to providing an opportunity for a hearing |
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held under this section, the commission shall hold a public meeting |
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and give notice as provided by Section 361.0791. |
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(e) A permitted municipal solid waste landfill facility is |
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prohibited from accepting Class 1 industrial solid wastes in excess |
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of 20% of the total amount of waste (not including Class 1 wastes) |
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accepted during the current or previous year, unless specifically |
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authorized to do so by the existing facility permit. The commission |
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may allow an increase in the rate of Class 1 waste acceptance in |
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excess of 20% of the total amount of waste (not including Class 1 |
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wastes) accepted during the current or previous year if, on |
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application for authorization to exceed the 20% limit, the |
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commission finds that a need exists for a higher rate of disposal of |
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Class 1 wastes because of the lack of available capacity in the |
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appropriate regional council of government. The commission shall |
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treat an application for authorization to exceed the 20% limit as a |
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major amendment to an existing municipal solid waste permit. In no |
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event shall the commission allow the rate of acceptance of Class 1 |
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wastes to exceed 50% of the total amount of wastes (not including |
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Class 1 wastes) accepted. The amount of waste may be determined by |
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volume or by weight, but the same unit of measure must be used for |
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each year, unless a variance is authorized by the executive |
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director of the commission. |
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(e) (f) After complying with Sections 5.552-5.555, Water |
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Code, the commission, without providing an opportunity for a |
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contested case hearing, may act on an application to renew a permit |
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for: |
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(1) storage of hazardous waste in containers, tanks, |
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or other closed vessels if the waste: |
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(A) was generated on-site; and |
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(B) does not include waste generated from other |
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waste transported to the site; and |
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(2) processing of hazardous waste if: |
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(A) the waste was generated on-site; |
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(B) the waste does not include waste generated |
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from other waste transported to the site; and |
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(C) the processing does not include thermal |
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processing. |
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(f) (g) Notwithstanding Subsection (e)(f), if the |
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commission determines that an applicant's compliance history under |
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the method for evaluating compliance history developed by the |
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commission under Section 5.754, Water Code, raises an issue |
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regarding the applicant's ability to comply with a material term of |
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its permit, the commission shall provide an opportunity to request |
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a contested case hearing. |
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(g) (h) The commission shall review a permit issued under |
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this chapter every five years to assess the permit holder's |
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compliance history. |
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SECTION 2. Section 361.088, Health Code and Safety Code, as |
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amended by this Act, applies to any municipal solid waste landfill |
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facility permitted after October 9, 1993, and to any application by |
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a municipal solid waste landfill facility permit holder for |
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authorization to increase the rate of Class 1 waste acceptance in |
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excess of 20% of the total amount of waste (not including Class 1 |
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wastes) accepted during the current or previous year that is |
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pending before the commission of the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |