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A BILL TO BE ENTITLED
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AN ACT
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relating to the amount of certain industrial solid waste authorized |
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to be accepted by a municipal solid waste facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.0191 to read as follows: |
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Sec. 361.0191. LIMITATION ON AMOUNT OF INDUSTRIAL SOLID |
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WASTE ACCEPTED AT MUNICIPAL SOLID WASTE FACILITY. (a) This section |
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applies only to a municipal solid waste facility that was |
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originally permitted on or after October 9, 1993. |
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(b) A municipal solid waste facility may accept Class I |
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industrial solid waste in an amount not to exceed 20 percent of the |
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total amount of non-Class I industrial solid waste accepted in that |
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calendar year and the preceding calendar year. |
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(c) If the commission determines that the planning region in |
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which the municipal solid waste facility is located lacks |
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sufficient disposal capacity for Class I industrial solid waste, |
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the commission may authorize a permit amendment to increase the |
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amount of Class I industrial solid waste authorized under |
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Subsection (b) to an amount not to exceed 50 percent of the total |
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amount of non-Class I industrial solid waste accepted in that |
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calendar year and the preceding calendar year. A permit amendment |
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under this subsection is considered a major amendment as defined by |
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commission rule and subjects the permittee to all of the procedural |
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and substantive obligations imposed by the rules applicable to |
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major amendments. |
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(d) The amount of waste accepted may be measured by volume |
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or by weight, but the same means of measurement must be used in the |
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calculation for each year. |
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SECTION 2. Section 361.0191(c), Health and Safety Code, as |
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added by this Act, applies only to an application for the amendment |
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of a permit pending before the Texas Commission on Environmental |
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Quality on or after 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, 2019. |