| 1 | 1 | | 82R18055 JTS-F |
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| 2 | 2 | | By: Smith of Harris H.B. No. 1914 |
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| 3 | 3 | | Substitute the following for H.B. No. 1914: |
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| 4 | 4 | | By: Legler C.S.H.B. No. 1914 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to financial assurance required for certain commercial or |
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| 10 | 10 | | municipal solid waste facilities by the Texas Commission on |
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| 11 | 11 | | Environmental Quality. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter C, Chapter 361, Health and Safety |
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| 14 | 14 | | Code, is amended by adding Section 361.0851 to read as follows: |
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| 15 | 15 | | Sec. 361.0851. ADDITIONAL FINANCIAL ASSURANCE REQUIREMENTS |
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| 16 | 16 | | FOR CERTAIN COMMERCIAL OR MUNICIPAL SOLID WASTE FACILITIES. (a) |
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| 17 | 17 | | The commission shall adopt rules to require additional financial |
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| 18 | 18 | | assurance for a commercial or municipal solid waste facility, |
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| 19 | 19 | | including a facility for which a permit or registration described |
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| 20 | 20 | | by Section 361.085(k) is issued, if the facility: |
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| 21 | 21 | | (1) treats or processes liquid waste or industrial |
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| 22 | 22 | | nonhazardous liquid waste for disposal off-site or for discharge; |
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| 23 | 23 | | (2) has: |
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| 24 | 24 | | (A) a record of significant noncompliance with |
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| 25 | 25 | | permitted limits; or |
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| 26 | 26 | | (B) no compliance record; and |
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| 27 | 27 | | (3) is not owned by, operated by, or affiliated with a |
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| 28 | 28 | | local government or a person that has a permit to dispose of |
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| 29 | 29 | | municipal solid waste. |
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| 30 | 30 | | (b) For the purposes of Subsection (a), a facility has a |
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| 31 | 31 | | record of significant noncompliance with permitted limits if, in |
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| 32 | 32 | | the preceding five years, the owner or operator of the facility: |
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| 33 | 33 | | (1) has been issued by the commission a final order, a |
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| 34 | 34 | | notice of enforcement, or two or more notices of violation alleging |
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| 35 | 35 | | or finding that the facility: |
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| 36 | 36 | | (A) accepted unauthorized waste; |
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| 37 | 37 | | (B) accepted waste in an amount that exceeds a |
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| 38 | 38 | | permit limit by more than five percent; or |
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| 39 | 39 | | (C) discharged water or waste without |
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| 40 | 40 | | authorization; or |
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| 41 | 41 | | (2) has been subject to a civil or criminal penalty for |
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| 42 | 42 | | actions at the facility described by Subdivision (1). |
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| 43 | 43 | | (c) This section does not apply to: |
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| 44 | 44 | | (1) a composting facility; |
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| 45 | 45 | | (2) a site at which sludge is applied; or |
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| 46 | 46 | | (3) a municipal solid waste management facility exempt |
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| 47 | 47 | | from permit requirements under Section 361.111. |
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| 48 | 48 | | SECTION 2. This Act takes effect September 1, 2011. |
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