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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of a permit for a municipal solid waste |
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landfill facility 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 |
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IN SPECIAL FLOOD HAZARD AREA. (a) In this section: |
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(1) "Facility" mean all contiguous land, improvements |
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on land, structures, and appurtenances, including drainage |
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structures, groundwater monitoring wells, landfill gas probes, and |
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gate or scale houses, that are used for the storage, processing, or |
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disposal of solid waste. |
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(2) "Special flood hazard area" means the land in a |
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floodplain subject to not less than one percent chance of flooding |
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in a year as designated by the director or administrator of the |
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Federal Emergency Management Agency. |
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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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contingent on the removal of a part of the facility from a special |
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flood hazard area. |
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(c) The commission may not issue a permit for a new |
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municipal solid waste landfill facility or for a lateral expansion |
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of an existing municipal solid waste landfill facility if a part of |
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the facility is or will be located in a special flood hazard area |
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unless the applicant has obtained from the Federal Emergency |
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Management Agency a letter of map change demonstrating that the |
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entire facility has been removed from the special flood hazard |
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area. A conditional letter of map change issued by the Federal |
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Emergency Management Agency does not satisfy the requirements of |
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this subsection. |
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(d) The commission shall coordinate with all applicable |
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regional and local governments to verify that all required map |
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changes to the Flood Insurance Rate Map have been acquired from the |
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Federal Emergency Management Agency and that all necessary permits |
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have been issued for the facility by the governmental entities or |
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agencies with jurisdiction over the facility under Section 16.235, |
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Texas Water Code, or Chapter 16, Subchapter I, Texas Water Code. |
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SECTION 2. Section 361.1232, Health and Safety Code, as |
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added by this Act, applies only to an application for the issuance |
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or amendment of a permit for a municipal solid waste landfill |
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facility that is pending before the Texas Commission on |
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Environmental Quality on or after the effective date of this Act. A |
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permit for a municipal solid waste landfill facility that is issued |
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or amended before the effective date of this Act is governed by the |
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law in effect when the permit was issued or amended, and the former |
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law is continued in effect for that purpose. |
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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. |