| 1 | 1 | | By: Zaffirini S.B. No. 2154 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to the amendment to an existing permit for a municipal |
|---|
| 7 | 7 | | solid waste landfill facility to accept increased amounts of Class |
|---|
| 8 | 8 | | 1 industrial solid waste. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 361.088 of Subchapter C, Chapter 361, |
|---|
| 11 | 11 | | Health and Safety Code, is amended to read as follows: |
|---|
| 12 | 12 | | (a) The commission may amend, extend, or renew a permit it |
|---|
| 13 | 13 | | issues in accordance with reasonable procedures prescribed by the |
|---|
| 14 | 14 | | commission. |
|---|
| 15 | 15 | | (b) The procedures prescribed by Section 361.067 for a |
|---|
| 16 | 16 | | permit application apply to an application to amend, extend, or |
|---|
| 17 | 17 | | renew a permit. |
|---|
| 18 | 18 | | (c) Except as provided by Subsection (e)(f), before a permit |
|---|
| 19 | 19 | | is issued, amended, extended, or renewed, the commission shall |
|---|
| 20 | 20 | | provide an opportunity for a hearing to the applicant and persons |
|---|
| 21 | 21 | | affected. The commission may also hold a hearing on its own motion. |
|---|
| 22 | 22 | | (d) In addition to providing an opportunity for a hearing |
|---|
| 23 | 23 | | held under this section, the commission shall hold a public meeting |
|---|
| 24 | 24 | | and give notice as provided by Section 361.0791. |
|---|
| 25 | 25 | | (e) A permitted municipal solid waste landfill facility is |
|---|
| 26 | 26 | | prohibited from accepting Class 1 industrial solid wastes in excess |
|---|
| 27 | 27 | | of 20% of the total amount of waste (not including Class 1 wastes) |
|---|
| 28 | 28 | | accepted during the current or previous year, unless specifically |
|---|
| 29 | 29 | | authorized to do so by the existing facility permit. The commission |
|---|
| 30 | 30 | | may allow an increase in the rate of Class 1 waste acceptance in |
|---|
| 31 | 31 | | excess of 20% of the total amount of waste (not including Class 1 |
|---|
| 32 | 32 | | wastes) accepted during the current or previous year if, on |
|---|
| 33 | 33 | | application for authorization to exceed the 20% limit, the |
|---|
| 34 | 34 | | commission finds that a need exists for a higher rate of disposal of |
|---|
| 35 | 35 | | Class 1 wastes because of the lack of available capacity in the |
|---|
| 36 | 36 | | appropriate regional council of government. The commission shall |
|---|
| 37 | 37 | | treat an application for authorization to exceed the 20% limit as a |
|---|
| 38 | 38 | | major amendment to an existing municipal solid waste permit. In no |
|---|
| 39 | 39 | | event shall the commission allow the rate of acceptance of Class 1 |
|---|
| 40 | 40 | | wastes to exceed 50% of the total amount of wastes (not including |
|---|
| 41 | 41 | | Class 1 wastes) accepted. The amount of waste may be determined by |
|---|
| 42 | 42 | | volume or by weight, but the same unit of measure must be used for |
|---|
| 43 | 43 | | each year, unless a variance is authorized by the executive |
|---|
| 44 | 44 | | director of the commission. |
|---|
| 45 | 45 | | (e) (f) After complying with Sections 5.552-5.555, Water |
|---|
| 46 | 46 | | Code, the commission, without providing an opportunity for a |
|---|
| 47 | 47 | | contested case hearing, may act on an application to renew a permit |
|---|
| 48 | 48 | | for: |
|---|
| 49 | 49 | | (1) storage of hazardous waste in containers, tanks, |
|---|
| 50 | 50 | | or other closed vessels if the waste: |
|---|
| 51 | 51 | | (A) was generated on-site; and |
|---|
| 52 | 52 | | (B) does not include waste generated from other |
|---|
| 53 | 53 | | waste transported to the site; and |
|---|
| 54 | 54 | | (2) processing of hazardous waste if: |
|---|
| 55 | 55 | | (A) the waste was generated on-site; |
|---|
| 56 | 56 | | (B) the waste does not include waste generated |
|---|
| 57 | 57 | | from other waste transported to the site; and |
|---|
| 58 | 58 | | (C) the processing does not include thermal |
|---|
| 59 | 59 | | processing. |
|---|
| 60 | 60 | | (f) (g) Notwithstanding Subsection (e)(f), if the |
|---|
| 61 | 61 | | commission determines that an applicant's compliance history under |
|---|
| 62 | 62 | | the method for evaluating compliance history developed by the |
|---|
| 63 | 63 | | commission under Section 5.754, Water Code, raises an issue |
|---|
| 64 | 64 | | regarding the applicant's ability to comply with a material term of |
|---|
| 65 | 65 | | its permit, the commission shall provide an opportunity to request |
|---|
| 66 | 66 | | a contested case hearing. |
|---|
| 67 | 67 | | (g) (h) The commission shall review a permit issued under |
|---|
| 68 | 68 | | this chapter every five years to assess the permit holder's |
|---|
| 69 | 69 | | compliance history. |
|---|
| 70 | 70 | | SECTION 2. Section 361.088, Health Code and Safety Code, as |
|---|
| 71 | 71 | | amended by this Act, applies to any municipal solid waste landfill |
|---|
| 72 | 72 | | facility permitted after October 9, 1993, and to any application by |
|---|
| 73 | 73 | | a municipal solid waste landfill facility permit holder for |
|---|
| 74 | 74 | | authorization to increase the rate of Class 1 waste acceptance in |
|---|
| 75 | 75 | | excess of 20% of the total amount of waste (not including Class 1 |
|---|
| 76 | 76 | | wastes) accepted during the current or previous year that is |
|---|
| 77 | 77 | | pending before the commission of the effective date of this Act. |
|---|
| 78 | 78 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 79 | 79 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 80 | 80 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 81 | 81 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 82 | 82 | | Act takes effect September 1, 2017. |
|---|