By: Zaffirini S.B. No. 2154
A BILL TO BE ENTITLED
AN ACT
relating to the amendment to an existing permit for a municipal
solid waste landfill facility to accept increased amounts of Class
1 industrial solid waste.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.088 of Subchapter C, Chapter 361,
Health and Safety Code, is amended to read as follows:
(a) The commission may amend, extend, or renew a permit it
issues in accordance with reasonable procedures prescribed by the
commission.
(b) The procedures prescribed by Section 361.067 for a
permit application apply to an application to amend, extend, or
renew a permit.
(c) Except as provided by Subsection (e)(f), before a permit
is issued, amended, extended, or renewed, the commission shall
provide an opportunity for a hearing to the applicant and persons
affected. The commission may also hold a hearing on its own motion.
(d) In addition to providing an opportunity for a hearing
held under this section, the commission shall hold a public meeting
and give notice as provided by Section 361.0791.
(e) A permitted municipal solid waste landfill facility is
prohibited from accepting Class 1 industrial solid wastes in excess
of 20% of the total amount of waste (not including Class 1 wastes)
accepted during the current or previous year, unless specifically
authorized to do so by the existing facility permit. The commission
may allow an increase in the rate of Class 1 waste acceptance in
excess of 20% of the total amount of waste (not including Class 1
wastes) accepted during the current or previous year if, on
application for authorization to exceed the 20% limit, the
commission finds that a need exists for a higher rate of disposal of
Class 1 wastes because of the lack of available capacity in the
appropriate regional council of government. The commission shall
treat an application for authorization to exceed the 20% limit as a
major amendment to an existing municipal solid waste permit. In no
event shall the commission allow the rate of acceptance of Class 1
wastes to exceed 50% of the total amount of wastes (not including
Class 1 wastes) accepted. The amount of waste may be determined by
volume or by weight, but the same unit of measure must be used for
each year, unless a variance is authorized by the executive
director of the commission.
(e) (f) After complying with Sections 5.552-5.555, Water
Code, the commission, without providing an opportunity for a
contested case hearing, may act on an application to renew a permit
for:
(1) storage of hazardous waste in containers, tanks,
or other closed vessels if the waste:
(A) was generated on-site; and
(B) does not include waste generated from other
waste transported to the site; and
(2) processing of hazardous waste if:
(A) the waste was generated on-site;
(B) the waste does not include waste generated
from other waste transported to the site; and
(C) the processing does not include thermal
processing.
(f) (g) Notwithstanding Subsection (e)(f), if the
commission determines that an applicant's compliance history under
the method for evaluating compliance history developed by the
commission under Section 5.754, Water Code, raises an issue
regarding the applicant's ability to comply with a material term of
its permit, the commission shall provide an opportunity to request
a contested case hearing.
(g) (h) The commission shall review a permit issued under
this chapter every five years to assess the permit holder's
compliance history.
SECTION 2. Section 361.088, Health Code and Safety Code, as
amended by this Act, applies to any municipal solid waste landfill
facility permitted after October 9, 1993, and to any application by
a municipal solid waste landfill facility permit holder for
authorization to increase the rate of Class 1 waste acceptance in
excess of 20% of the total amount of waste (not including Class 1
wastes) accepted during the current or previous year that is
pending before the commission of the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.