| 1 | 1 | | 86R5400 JRR-D |
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| 2 | 2 | | By: Thompson of Brazoria H.B. No. 4360 |
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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 the review of permit applications for municipal solid |
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| 8 | 8 | | waste facilities and the issuance of a notice of deficiency. |
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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. Subchapter C, Chapter 361, Health and Safety |
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| 11 | 11 | | Code, is amended by adding Section 361.0661 to read as follows: |
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| 12 | 12 | | Sec. 361.0661. REVIEW OF PERMIT APPLICATION FOR MUNICIPAL |
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| 13 | 13 | | SOLID WASTE FACILITY; NOTICE OF DEFICIENCY. (a) The commission |
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| 14 | 14 | | shall review each application for a permit for a municipal solid |
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| 15 | 15 | | waste facility promptly. |
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| 16 | 16 | | (b) If after review of an application described by |
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| 17 | 17 | | Subsection (a), the commission finds that necessary information is |
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| 18 | 18 | | omitted from the application, that the application contains |
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| 19 | 19 | | incorrect information that is material to the application, or that |
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| 20 | 20 | | more information is necessary to complete the processing of the |
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| 21 | 21 | | application, the commission shall issue a notice of deficiency and |
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| 22 | 22 | | order the information to be provided to the commission not later |
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| 23 | 23 | | than the 60th day after the date the notice is issued. If the |
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| 24 | 24 | | information is not provided to the commission on or before that |
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| 25 | 25 | | date, the commission shall dismiss the application. |
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| 26 | 26 | | (c) The commission may issue a notice of deficiency for an |
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| 27 | 27 | | application described by Subsection (a) only for the reasons |
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| 28 | 28 | | specified by Subsection (b). For purposes of determining whether |
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| 29 | 29 | | an application contains incorrect information that is material to |
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| 30 | 30 | | the application, the commission may not consider administrative or |
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| 31 | 31 | | clerical errors, including typographical errors. |
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| 32 | 32 | | (d) To the extent of a conflict between this section and |
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| 33 | 33 | | Section 361.066 or a rule adopted under that section, this section |
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| 34 | 34 | | controls. |
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| 35 | 35 | | (e) The commission may adopt rules as necessary to implement |
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| 36 | 36 | | this section. |
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| 37 | 37 | | SECTION 2. The change in law made by this Act applies only |
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| 38 | 38 | | to an application for a permit that is submitted to the Texas |
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| 39 | 39 | | Commission on Environmental Quality on or after the effective date |
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| 40 | 40 | | of this Act. An application for a permit that was submitted to the |
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| 41 | 41 | | Texas Commission on Environmental Quality before the effective date |
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| 42 | 42 | | of this Act is governed by the law in effect at the time the |
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| 43 | 43 | | application was filed, and the former law is continued in effect for |
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| 44 | 44 | | that purpose. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2019. |
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