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