| 1 | 1 | | 86R2306 SLB-D |
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| 2 | 2 | | By: Zaffirini S.B. No. 868 |
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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 amount of certain industrial solid waste authorized |
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| 8 | 8 | | to be accepted by a municipal solid waste facility. |
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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 B, Chapter 361, Health and Safety |
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| 11 | 11 | | Code, is amended by adding Section 361.0191 to read as follows: |
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| 12 | 12 | | Sec. 361.0191. LIMITATION ON AMOUNT OF INDUSTRIAL SOLID |
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| 13 | 13 | | WASTE ACCEPTED AT MUNICIPAL SOLID WASTE FACILITY. (a) This section |
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| 14 | 14 | | applies only to a municipal solid waste facility that was |
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| 15 | 15 | | originally permitted on or after October 9, 1993. |
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| 16 | 16 | | (b) A municipal solid waste facility may accept Class I |
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| 17 | 17 | | industrial solid waste in an amount not to exceed 20 percent of the |
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| 18 | 18 | | total amount of non-Class I industrial solid waste accepted in that |
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| 19 | 19 | | calendar year and the preceding calendar year. |
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| 20 | 20 | | (c) If the commission determines that the planning region in |
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| 21 | 21 | | which the municipal solid waste facility is located lacks |
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| 22 | 22 | | sufficient disposal capacity for Class I industrial solid waste, |
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| 23 | 23 | | the commission may authorize a permit amendment to increase the |
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| 24 | 24 | | amount of Class I industrial solid waste authorized under |
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| 25 | 25 | | Subsection (b) to an amount not to exceed 50 percent of the total |
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| 26 | 26 | | amount of non-Class I industrial solid waste accepted in that |
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| 27 | 27 | | calendar year and the preceding calendar year. A permit amendment |
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| 28 | 28 | | under this subsection is considered a major amendment as defined by |
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| 29 | 29 | | commission rule and subjects the permittee to all of the procedural |
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| 30 | 30 | | and substantive obligations imposed by the rules applicable to |
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| 31 | 31 | | major amendments. |
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| 32 | 32 | | (d) The amount of waste accepted may be measured by volume |
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| 33 | 33 | | or by weight, but the same means of measurement must be used in the |
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| 34 | 34 | | calculation for each year. |
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| 35 | 35 | | SECTION 2. Section 361.0191(c), Health and Safety Code, as |
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| 36 | 36 | | added by this Act, applies only to an application for the amendment |
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| 37 | 37 | | of a permit pending before the Texas Commission on Environmental |
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| 38 | 38 | | Quality on or after the effective date of this Act. |
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| 39 | 39 | | SECTION 3. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2019. |
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