| 1 | 1 | | 86R5890 JAM-D |
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| 2 | 2 | | By: Bohac H.B. No. 1391 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to inspections of solid waste facilities conducted by the |
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| 8 | 8 | | Texas Commission on Environmental Quality. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 361.032, Health and Safety Code, is |
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| 11 | 11 | | amended by amending Subsection (a) and adding Subsections (a-1) and |
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| 12 | 12 | | (a-2) to read as follows: |
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| 13 | 13 | | (a) The commission shall inspect a solid waste facility used |
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| 14 | 14 | | or proposed to be used to store, process, or dispose of solid waste: |
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| 15 | 15 | | (1) at least once every two years; |
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| 16 | 16 | | (2) for a facility that commits multiple violations of |
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| 17 | 17 | | the same statute or rule in a five-year period, at least quarterly |
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| 18 | 18 | | for three years beginning on the date of the last violation; and |
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| 19 | 19 | | (3) for a facility that is the subject of three or more |
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| 20 | 20 | | complaints in a 30-day period, at least quarterly for 18 months |
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| 21 | 21 | | beginning on the date of the last complaint. [The commission may |
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| 22 | 22 | | inspect and approve solid waste facilities used or proposed to be |
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| 23 | 23 | | used to store, process, or dispose of solid waste.] |
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| 24 | 24 | | (a-1) The commission may not give notice to the owner or |
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| 25 | 25 | | operator of a facility of an inspection to be performed under |
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| 26 | 26 | | Subsection (a). |
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| 27 | 27 | | (a-2) The commission shall perform an inspection made in |
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| 28 | 28 | | response to a complaint at the same general time of day as the |
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| 29 | 29 | | alleged violation is reported to have occurred. |
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| 30 | 30 | | SECTION 2. This Act takes effect September 1, 2019. |
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