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A BILL TO BE ENTITLED
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AN ACT
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relating to financial assurance required for certain commercial |
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solid waste facilities by the Texas Commission on Environmental |
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Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 361.085(k) and (l), Health and Safety |
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Code, are amended to read as follows: |
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(k) The commission shall [may] require financial assurance |
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as a condition of issuing a permit or registration for the |
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collection, transportation, or processing of grit trap waste or |
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grease trap waste. The amount of financial assurance required must |
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be consistent with the degree and duration of risk associated with |
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the type of waste authorized to be collected, transported, or |
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processed. |
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(l) Provision [If the commission requires financial
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assurance as a condition of a permit or registration under
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Subsection (k), provision] of [that] financial assurance under |
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Subsection (k) also satisfies any requirement for financial |
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assurance under Chapter 368. |
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SECTION 2. Subchapter C, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.0851 to read as follows: |
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Sec. 361.0851. ADDITIONAL FINANCIAL ASSURANCE REQUIREMENTS |
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FOR CERTAIN COMMERCIAL SOLID WASTE FACILITIES. (a) The commission |
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shall adopt rules to require additional financial assurance for a |
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commercial solid waste facility, including a facility for which a |
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permit or registration described by Section 361.085(k) is issued, |
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if the facility: |
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(1) treats or processes liquid waste or industrial |
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nonhazardous waste for disposal off-site or by discharge; |
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(2) has: |
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(A) a record of significant noncompliance with |
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permitted limits; or |
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(B) no compliance record; and |
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(3) is not owned by, operated by, or affiliated with a |
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local government or a person that has a permit to dispose of |
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municipal solid waste. |
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(b) For the purposes of Subsection (a), a facility has a |
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record of significant noncompliance with permitted limits if, in |
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the preceding five years, the owner or operator of the facility: |
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(1) has been issued by the commission a final order, a |
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notice of enforcement, or two or more notices of violation alleging |
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or finding that the facility: |
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(A) accepted unauthorized waste; |
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(B) accepted waste in an amount that exceeds a |
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permit limit by more than five percent; or |
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(C) discharged water or waste without |
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authorization; or |
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(2) has been subject to a civil or criminal penalty for |
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actions at the facility described by Subdivision (1). |
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SECTION 3. This Act takes effect September 1, 2011. |