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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of solid waste facilities; imposing a |
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fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.061, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 361.061. PERMITS; SOLID WASTE FACILITY. (a) Except as |
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provided by Section 361.090 with respect to certain industrial |
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solid waste, the commission may require and issue permits |
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authorizing and governing the construction, operation, and |
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maintenance of the solid waste facilities used to store, process, |
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or dispose of solid waste under this chapter. |
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(b) The commission may not approve or allow special |
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conditions for the approval of an application for a permit or an |
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amendment to a permit issued under this chapter unless the |
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applicant has satisfied all the requirements of this chapter and |
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rules adopted under this chapter and other requirements of state |
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and local law, including requirements relating to authorizations |
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from local governments and requirements relating to siting in a |
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floodplain. |
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SECTION 2. Subchapter C, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.0675 to read as follows: |
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Sec. 361.0675. APPLICATION FEE FOR PERMIT FOR MUNICIPAL |
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SOLID WASTE FACILITY. The commission shall charge an applicant for |
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a permit for a municipal solid waste facility an application fee of |
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$2,000. |
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SECTION 3. Section 361.088, Health and Safety Code, is |
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amended by adding Subsection (h) to read as follows: |
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(h) Before a permit for a proposed municipal solid waste |
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management facility is issued, amended, extended, or renewed, the |
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commission shall inspect the facility or site used or proposed to |
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be used to store, process, or dispose of municipal solid waste to |
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confirm information included in the permit application. The |
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commission by rule shall prescribe the kinds of information in a |
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permit application that require confirmation under this |
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subsection. |
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SECTION 4. Section 7.003, Water Code, is amended by adding |
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Subsection (d) to read as follows: |
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(d) This subsection applies to an enforcement action for |
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which a decision or order of the commission has become final as |
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provided by Section 2001.144, Government Code, and that involves a |
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violation of Chapter 361, Health and Safety Code, by or at a |
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municipal solid waste facility. On the request of a state senator |
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or state representative, the commission quarterly shall conduct in |
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the county in which the facility that is the subject of the |
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enforcement action is located a public informational meeting |
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regarding the status of the enforcement action. A representative |
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of the facility that is the subject of the enforcement action must |
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attend a meeting held under this subsection and must make a |
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reasonable effort to respond to questions relevant to the |
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enforcement action at the meeting. The commission shall post |
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notice of the meeting on the commission's Internet website and |
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publish the notice once a week for two consecutive weeks before the |
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meeting in one or more newspapers having general circulation in the |
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county in which the meeting will be held. The notice must state the |
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time, location, and subject matter of the meeting. The owner of the |
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facility that is the subject of the enforcement action must |
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reimburse the commission for the cost of publishing notice under |
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this section. |
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SECTION 5. Section 7.053, Water Code, is amended to read as |
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follows: |
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Sec. 7.053. FACTORS TO BE CONSIDERED IN DETERMINATION OF |
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PENALTY AMOUNT. In determining the amount of an administrative |
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penalty, the commission shall consider: |
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(1) the nature, circumstances, extent, duration, and |
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gravity of the prohibited act, with special emphasis on: |
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(A) the impairment of existing water rights; |
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(B) [or] the hazard or potential hazard created |
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to the health or safety of the public; or |
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(C) whether the prohibited act created or is a |
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public nuisance; |
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(2) the impact of the violation on: |
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(A) air quality in the region; |
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(B) a receiving stream or underground water |
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reservoir; |
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(C) instream uses, water quality, aquatic and |
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wildlife habitat, or beneficial freshwater inflows to bays and |
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estuaries; or |
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(D) affected persons; |
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(3) with respect to the alleged violator: |
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(A) the history and extent of previous |
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violations; |
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(B) the degree of culpability, including whether |
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the violation was attributable to mechanical or electrical failures |
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and whether the violation could have been reasonably anticipated |
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and avoided; |
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(C) the demonstrated good faith, including |
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actions taken by the alleged violator to rectify the cause of the |
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violation and to compensate affected persons; |
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(D) economic benefit gained through the |
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violation; and |
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(E) the amount necessary to deter future |
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violations; and |
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(4) any other matters that justice may require. |
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SECTION 6. Section 2003.047, Government Code, is amended by |
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adding Subsections (d-1) and (l-1) to read as follows: |
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(d-1) For the purposes of Subsection (d), to be eligible to |
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preside at a hearing related to a permit for a municipal solid waste |
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facility, an administrative law judge must have experience with |
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solid waste engineering or management. |
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(l-1) For a hearing related to a permit for a municipal |
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solid waste facility, the administrative law judge shall: |
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(1) present the findings of fact, conclusions of law, |
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and any ultimate findings under Subsection (l) at an open meeting of |
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the commission; and |
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(2) answer questions related to the findings and |
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conclusions asked by the commissioners. |
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SECTION 7. 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 8. As soon as practicable after the effective date |
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of this Act, the Texas Commission on Environmental Quality shall |
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adopt or modify any rules necessary to implement the changes in law |
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made by this Act. |
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SECTION 9. This Act takes effect September 1, 2019. |