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A BILL TO BE ENTITLED
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AN ACT
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relating to the review of permit applications for municipal solid |
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waste facilities and the issuance of a notice of deficiency. |
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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 361.0661 to read as follows: |
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Sec. 361.0661. REVIEW OF PERMIT APPLICATION FOR MUNICIPAL |
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SOLID WASTE FACILITY; NOTICE OF DEFICIENCY. (a) The commission |
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shall review each application for a permit for a municipal solid |
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waste facility promptly. |
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(b) If after review of an application described by |
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Subsection (a), the commission finds that necessary information is |
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omitted from the application, that the application contains |
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incorrect information that is material to the application, or that |
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more information is necessary to complete the processing of the |
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application, the commission shall issue a notice of deficiency and |
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order the information to be provided to the commission not later |
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than the 60th day after the date the notice is issued. If the |
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information is not provided to the commission on or before that |
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date, the commission shall dismiss the application. |
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(c) The commission may issue a notice of deficiency for an |
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application described by Subsection (a) only for the reasons |
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specified by Subsection (b). For purposes of determining whether |
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an application contains incorrect information that is material to |
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the application, the commission may not consider administrative or |
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clerical errors, including typographical errors. |
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(d) To the extent of a conflict between this section and |
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Section 361.066 or a rule adopted under that section, this section |
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controls. |
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(e) The commission may adopt rules as necessary to implement |
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this section. |
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SECTION 2. The change in law made by this Act applies only |
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to an application for a permit that is submitted to the Texas |
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Commission on Environmental Quality on or after the effective date |
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of this Act. An application for a permit that was submitted to the |
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Texas Commission on Environmental Quality before the effective date |
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of this Act is governed by the law in effect at the time the |
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application was filed, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |