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