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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance or amendment of a permit for a solid waste |
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landfill facility or hazardous waste land disposal unit to be |
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located in a special flood hazard area. |
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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 361.1232 to read as follows: |
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Sec. 361.1232. LIMITATION ON MUNICIPAL SOLID WASTE LANDFILL IN |
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SPECIAL FLOOD HAZARD AREA. |
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(a) As used in this section, (1) "special flood hazard area" |
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means the land in a floodplain subject to a 1 percent or greater |
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chance of flooding in any given year as designated by the director |
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or administrator of the Federal Emergency Management Agency; and |
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(2) "facility" means all contiguous land and structures, other |
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appurtenances (including drainage structures, groundwater |
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monitoring wells, landfill gas probes, gate or scale houses), and |
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improvements on land used for the storage, processing, management, |
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or disposal of solid waste. |
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(b) The commission may not issue a permit for a new |
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municipal solid waste landfill facility or a lateral expansion of |
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an existing municipal solid waste landfill facility that is |
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conditioned on the removal of(1) any part of the planned new |
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municipal solid waste landfill facility from a special flood hazard |
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area, or (2) any part of the planned lateral expansion of an |
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existing municipal solid waste facility from a special flood hazard |
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area. |
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(c) Except as provided by Subsection (d), the commission may |
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not issue a permit for a new municipal solid waste landfill facility |
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or for a lateral expansion of an existing municipal solid waste |
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landfill if any part of the facility is in a special flood hazard |
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area unless the applicant has obtained from the Federal Emergency |
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Management Agency a letter of map amendment demonstrating that the |
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location of the entire facility has been removed from the special |
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flood hazard area. A conditional letter of map revision issued by |
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the Federal Emergency Management Agency does not satisfy the |
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requirements of this subsection. |
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(d) The commission by rule may allow a new municipal solid |
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waste landfill facility, or the lateral expansion of an existing |
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municipal solid waste landfill facility, to be in a special flood |
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hazard area, but only if the applicant or permit holder |
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demonstrates, and the commission is satisfied and finds, that (1) |
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no other suitable site for the facility outside of the special flood |
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hazard area exists in the county in which the facility is or would |
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be located; (2) removing the proposed site for the facility from the |
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special flood hazard area would be prohibitively expensive; and (3) |
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the facility is designed and will operate to prevent the washout or |
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physical transport of any solid waste by a 100-year flood event. |
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SECTION 2. Section 361.098 of Subchapter C, Chapter 361, |
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Health and Safety Code, is amended to read as follows: |
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(a) As used in this section, (1) "special flood hazard area" |
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means the land in a floodplain subject to a 1 percent or greater |
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chance of flooding in any given year as designated by the director |
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or administrator of the Federal Emergency Management Agency; and |
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(2) "facility" means all contiguous land and structures, other |
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appurtenances (including drainage structures, groundwater |
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monitoring wells, landfill gas probes, gate or scale houses), and |
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improvements on land used for the storage, processing, management, |
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or disposal of solid waste. |
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(b) Except as provided by Subsections (b c) and (c d), the |
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commission by rule shall prohibit the issuance of a permit for a new |
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hazardous waste landfill or an areal expansion of such a landfill if |
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the landfill is to be located in a special flood hazard area [the
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100-year floodplain existing before site development, unless the
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landfill is to be located in an area with a flood depth of less than
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three feet]. |
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(b c) The commission by rule may allow an areal expansion of |
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a landfill facility in a special flood hazard area [100-year
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floodplain] but only if the applicant or permit holder |
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demonstrates, and the commission is satisfied and finds [if it can
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be demonstrated to the satisfaction of the commission]that (1) no |
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other suitable site for the facility outside of the special flood |
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hazard area exists in the county in which the facility is or would |
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be located; (2) removing the proposed site for the facility from the |
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special flood hazard area would be prohibitively expensive; |
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and(3)the facility design will prevent the physical transport of |
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any hazardous waste by a 100-year flood event. |
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(c d) The commission by rule shall prohibit the issuance of a |
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permit for a new commercial hazardous waste land disposal unit if |
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the unit is to be located in a special flood hazard area [100-year
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floodplain], but only if the applicant or permit holder |
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demonstrates, and the commission is satisfied and finds [unless the
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applicant can demonstrate to the satisfaction of the commission] |
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that (1) no other suitable site for the unit outside of a special |
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flood hazard area exists in the county in which the unit is or would |
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be located; (2) removing the proposed site for the unit from a |
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special flood hazard area would be prohibitively expensive; |
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and(3)the facility design will prevent the physical transport of |
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any hazardous waste by a 100-year flood event. |
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(d) The commission by rule shall require an applicant to |
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provide sufficient information to assure that a proposed hazardous |
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waste landfill, areal expansion of such landfill, or new commercial |
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hazardous waste land disposal unit is not subject to inundation of a |
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100-year flood event. An applicant or any other party may not rely |
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solely on floodplain maps prepared by the Federal Emergency |
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Management Agency or a successor agency to determine whether a |
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hazardous waste landfill, areal expansion of such landfill, or |
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commercial hazardous waste land disposal unit is subject to such an |
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inundation. |
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SECTION 3. Section 361.1232, Health and Safety Code, as |
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added by this Act, and Section 361.098, Health and Safety Code, as |
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amended by this Act, apply only to an application for the issuance |
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or amendment of a permit for a solid waste landfill facility or |
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hazardous waste land disposal unit that is pending before the Texas |
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Commission on Environmental Quality on or after the effective date |
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of this Act. A permit for a solid waste landfill facility or |
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hazardous waste land disposal unit that is issued or amended before |
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the effective date of this Act is governed by the law in effect when |
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the permit was issued or amended, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. 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. |