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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 or |
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municipal solid waste facilities by the Texas Commission on |
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Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 OR MUNICIPAL SOLID WASTE FACILITIES. (a) |
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The commission shall adopt rules to require additional financial |
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assurance for a commercial or municipal solid waste facility, |
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including a facility for which a permit or registration described |
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by Section 361.085(k) is issued, if the facility: |
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(1) treats or processes liquid waste or industrial |
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nonhazardous liquid waste for disposal off-site or for 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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(c) This section does not apply to: |
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(1) a composting facility; |
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(2) a site at which sludge is applied; or |
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(3) a municipal solid waste management facility exempt |
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from permit requirements under Section 361.111. |
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SECTION 2. This Act takes effect September 1, 2011. |