82R8403 JTS-F
By: Smith of Harris H.B. No. 1914
A BILL TO BE ENTITLED
AN ACT
relating to financial assurance required for certain commercial
solid waste facilities by the Texas Commission on Environmental
Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 361.085(k) and (l), Health and Safety
Code, are amended to read as follows:
(k) The commission shall [may] require financial assurance
as a condition of issuing a permit or registration for the
collection, transportation, or processing of grit trap waste or
grease trap waste. The amount of financial assurance required must
be consistent with the degree and duration of risk associated with
the type of waste authorized to be collected, transported, or
processed.
(l) Provision [If the commission requires financial
assurance as a condition of a permit or registration under
Subsection (k), provision] of [that] financial assurance under
Subsection (k) also satisfies any requirement for financial
assurance under Chapter 368.
SECTION 2. Subchapter C, Chapter 361, Health and Safety
Code, is amended by adding Section 361.0851 to read as follows:
Sec. 361.0851. ADDITIONAL FINANCIAL ASSURANCE REQUIREMENTS
FOR CERTAIN COMMERCIAL SOLID WASTE FACILITIES. (a) The commission
shall adopt rules to require additional financial assurance for a
commercial solid waste facility, including a facility for which a
permit or registration described by Section 361.085(k) is issued,
if the facility:
(1) treats or processes liquid waste or industrial
nonhazardous waste for disposal off-site or by discharge;
(2) has:
(A) a record of significant noncompliance with
permitted limits; or
(B) no compliance record; and
(3) is not owned by, operated by, or affiliated with a
local government or a person that has a permit to dispose of
municipal solid waste.
(b) For the purposes of Subsection (a), a facility has a
record of significant noncompliance with permitted limits if, in
the preceding five years, the owner or operator of the facility:
(1) has been issued by the commission a final order, a
notice of enforcement, or two or more notices of violation alleging
or finding that the facility:
(A) accepted unauthorized waste;
(B) accepted waste in an amount that exceeds a
permit limit by more than five percent; or
(C) discharged water or waste without
authorization; or
(2) has been subject to a civil or criminal penalty for
actions at the facility described by Subdivision (1).
SECTION 3. This Act takes effect September 1, 2011.