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A BILL TO BE ENTITLED
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AN ACT
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relating to the permitting of medical waste facilities by the Texas |
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Commission on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.0905, Health and Safety Code, is |
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amended by amending Subsection (e) and adding Subsections (e-1) and |
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(e-2) to read as follows: |
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(e) Except as provided by Subsection (e-1), rules [Rules] |
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adopted to regulate the operation of municipal solid waste storage |
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and processing units apply in the same manner to medical waste only |
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to the extent that the rules address: |
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(1) permit and registration requirements that can be |
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made applicable to a facility that handles medical waste, including |
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requirements related to: |
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(A) applications; |
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(B) site development; |
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(C) notice; and |
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(D) permit or registration duration and limits; |
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(2) minor modifications to permits and registrations, |
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including changes in operating hours and buffer zones; |
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(3) the reconciliation of conflicting site operation |
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plan provisions for a site that conducts activities that require a |
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separate permit or authorization; |
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(4) waste acceptance and analysis; |
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(5) facility-generated waste, including wastewater |
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and sludge; |
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(6) contaminated water management; |
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(7) on-site storage areas for source-separated or |
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recyclable materials; |
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(8) the storage of waste: |
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(A) to prevent the waste from becoming a hazard, |
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including a fire hazard, to human health or safety; |
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(B) to ensure the use of sufficient containers |
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between collections; and |
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(C) to prevent the waste from becoming litter; |
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(9) closure requirements for storage and processing |
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units; |
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(10) recordkeeping and reporting requirements, except |
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for rules regarding the recordkeeping provisions required to |
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justify the levels of recovered recycled products; |
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(11) fire protection; |
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(12) access control; |
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(13) unloading waste; |
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(14) spill prevention and control; |
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(15) operating hours; |
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(16) facility signage; |
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(17) control of litter, including windblown material; |
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(18) noise pollution and visual screening; |
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(19) capacity overloading and mechanical breakdown; |
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(20) sanitation, including employee sanitation |
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facilities; |
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(21) ventilation and air pollution control, except as |
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those rules apply to: |
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(A) process areas where putrescible waste is |
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processed; |
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(B) the minimal air exposure for liquid waste; |
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and |
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(C) the cleaning and maintenance of mobile waste |
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processing unit equipment; and |
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(22) facility health and safety plans, including |
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employee training in health and safety. |
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(e-1) Not later than the 30th day after the date of filing an |
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application for, or notice of intent to file an application for, a |
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permit to construct, operate, or maintain a facility to store, |
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process, or dispose of medical waste, the applicant shall provide |
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notice of the application or notice of intent by hand delivery, |
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facsimile, or United States Postal Service mail to: |
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(1) the state senator and representative who represent |
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the area in which the facility is or is to be located; |
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(2) the commissioners court of the county in which the |
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facility is or is to be located; |
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(3) the governing body of the municipality in which |
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the facility is or is to be located, if applicable; |
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(4) the governing body of a school district in which |
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the facility is or is to be located, if applicable; and |
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(5) the tribal council of an Indian tribe on whose |
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tribal lands the facility is or is to be located, if applicable. |
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(e-2) The applicant shall submit to the commission proof |
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that notice has been provided in accordance with Subsection (e-1). |
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SECTION 2. Sections 361.0905(e-1) and (e-2), Health and |
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Safety Code, as added by this Act, apply only to an application |
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related to a permit for a medical waste facility that is submitted |
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to the Texas Commission on Environmental Quality on or after the |
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effective date of this Act. An application related to a permit for |
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a medical waste facility that was submitted to the Texas Commission |
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on Environmental Quality before the effective date of this Act is |
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governed by the law in effect at the time the application was filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |