86R2306 SLB-D
By: Zaffirini S.B. No. 868
A BILL TO BE ENTITLED
AN ACT
relating to the amount of certain industrial solid waste authorized
to be accepted by a municipal solid waste facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 361, Health and Safety
Code, is amended by adding Section 361.0191 to read as follows:
Sec. 361.0191. LIMITATION ON AMOUNT OF INDUSTRIAL SOLID
WASTE ACCEPTED AT MUNICIPAL SOLID WASTE FACILITY. (a) This section
applies only to a municipal solid waste facility that was
originally permitted on or after October 9, 1993.
(b) A municipal solid waste facility may accept Class I
industrial solid waste in an amount not to exceed 20 percent of the
total amount of non-Class I industrial solid waste accepted in that
calendar year and the preceding calendar year.
(c) If the commission determines that the planning region in
which the municipal solid waste facility is located lacks
sufficient disposal capacity for Class I industrial solid waste,
the commission may authorize a permit amendment to increase the
amount of Class I industrial solid waste authorized under
Subsection (b) to an amount not to exceed 50 percent of the total
amount of non-Class I industrial solid waste accepted in that
calendar year and the preceding calendar year. A permit amendment
under this subsection is considered a major amendment as defined by
commission rule and subjects the permittee to all of the procedural
and substantive obligations imposed by the rules applicable to
major amendments.
(d) The amount of waste accepted may be measured by volume
or by weight, but the same means of measurement must be used in the
calculation for each year.
SECTION 2. Section 361.0191(c), Health and Safety Code, as
added by this Act, applies only to an application for the amendment
of a permit pending before the Texas Commission on Environmental
Quality on or after the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.