By: Thompson of Brazoria H.B. No. 4486
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of solid waste facilities; imposing a
fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.061, Health and Safety Code, is
amended to read as follows:
Sec. 361.061. PERMITS; SOLID WASTE FACILITY. (a) Except as
provided by Section 361.090 with respect to certain industrial
solid waste, the commission may require and issue permits
authorizing and governing the construction, operation, and
maintenance of the solid waste facilities used to store, process,
or dispose of solid waste under this chapter.
(b) The commission may not approve or allow special
conditions for the approval of an application for a permit or an
amendment to a permit issued under this chapter unless the
applicant has satisfied all the requirements of this chapter and
rules adopted under this chapter and other requirements of state
and local law, including requirements relating to authorizations
from local governments and requirements relating to siting in a
floodplain.
SECTION 2. Subchapter C, Chapter 361, Health and Safety
Code, is amended by adding Section 361.0675 to read as follows:
Sec. 361.0675. APPLICATION FEE FOR PERMIT FOR MUNICIPAL
SOLID WASTE FACILITY. The commission shall charge an applicant for
a permit for a municipal solid waste facility an application fee of
$2,000.
SECTION 3. Section 361.088, Health and Safety Code, is
amended by adding Subsection (h) to read as follows:
(h) Before a permit for a proposed municipal solid waste
management facility is issued, amended, extended, or renewed, the
commission shall inspect the facility or site used or proposed to
be used to store, process, or dispose of municipal solid waste to
confirm information included in the permit application. The
commission by rule shall prescribe the kinds of information in a
permit application that require confirmation under this
subsection.
SECTION 4. Section 7.003, Water Code, is amended by adding
Subsection (d) to read as follows:
(d) This subsection applies to an enforcement action for
which a decision or order of the commission has become final as
provided by Section 2001.144, Government Code, and that involves a
violation of Chapter 361, Health and Safety Code, by or at a
municipal solid waste facility. On the request of a state senator
or state representative, the commission quarterly shall conduct in
the county in which the facility that is the subject of the
enforcement action is located a public informational meeting
regarding the status of the enforcement action. A representative
of the facility that is the subject of the enforcement action must
attend a meeting held under this subsection and must make a
reasonable effort to respond to questions relevant to the
enforcement action at the meeting. The commission shall post
notice of the meeting on the commission's Internet website and
publish the notice once a week for two consecutive weeks before the
meeting in one or more newspapers having general circulation in the
county in which the meeting will be held. The notice must state the
time, location, and subject matter of the meeting. The owner of the
facility that is the subject of the enforcement action must
reimburse the commission for the cost of publishing notice under
this section.
SECTION 5. Section 7.053, Water Code, is amended to read as
follows:
Sec. 7.053. FACTORS TO BE CONSIDERED IN DETERMINATION OF
PENALTY AMOUNT. In determining the amount of an administrative
penalty, the commission shall consider:
(1) the nature, circumstances, extent, duration, and
gravity of the prohibited act, with special emphasis on:
(A) the impairment of existing water rights;
(B) [or] the hazard or potential hazard created
to the health or safety of the public; or
(C) whether the prohibited act created or is a
public nuisance;
(2) the impact of the violation on:
(A) air quality in the region;
(B) a receiving stream or underground water
reservoir;
(C) instream uses, water quality, aquatic and
wildlife habitat, or beneficial freshwater inflows to bays and
estuaries; or
(D) affected persons;
(3) with respect to the alleged violator:
(A) the history and extent of previous
violations;
(B) the degree of culpability, including whether
the violation was attributable to mechanical or electrical failures
and whether the violation could have been reasonably anticipated
and avoided;
(C) the demonstrated good faith, including
actions taken by the alleged violator to rectify the cause of the
violation and to compensate affected persons;
(D) economic benefit gained through the
violation; and
(E) the amount necessary to deter future
violations; and
(4) any other matters that justice may require.
SECTION 6. Section 2003.047, Government Code, is amended by
adding Subsections (d-1) and (l-1) to read as follows:
(d-1) For the purposes of Subsection (d), to be eligible to
preside at a hearing related to a permit for a municipal solid waste
facility, an administrative law judge must have experience with
solid waste engineering or management.
(l-1) For a hearing related to a permit for a municipal
solid waste facility, the administrative law judge shall:
(1) present the findings of fact, conclusions of law,
and any ultimate findings under Subsection (l) at an open meeting of
the commission; and
(2) answer questions related to the findings and
conclusions asked by the commissioners.
SECTION 7. Subchapter C, Chapter 361, Health and Safety
Code, is amended by adding Section 361.0661 to read as follows:
Sec. 361.0661. REVIEW OF PERMIT APPLICATION FOR MUNICIPAL
SOLID WASTE FACILITY; NOTICE OF DEFICIENCY. (a) The commission
shall review each application for a permit for a municipal solid
waste facility promptly.
(b) If after review of an application described by
Subsection (a), the commission finds that necessary information is
omitted from the application, that the application contains
incorrect information that is material to the application, or that
more information is necessary to complete the processing of the
application, the commission shall issue a notice of deficiency and
order the information to be provided to the commission not later
than the 60th day after the date the notice is issued. If the
information is not provided to the commission on or before that
date, the commission shall dismiss the application.
(c) The commission may issue a notice of deficiency for an
application described by Subsection (a) only for the reasons
specified by Subsection (b). For purposes of determining whether
an application contains incorrect information that is material to
the application, the commission may not consider administrative or
clerical errors, including typographical errors.
(d) To the extent of a conflict between this section and
Section 361.066 or a rule adopted under that section, this section
controls.
(e) The commission may adopt rules as necessary to implement
this section.
SECTION 8. As soon as practicable after the effective date
of this Act, the Texas Commission on Environmental Quality shall
adopt or modify any rules necessary to implement the changes in law
made by this Act.
SECTION 9. This Act takes effect September 1, 2019.