Bill Text: TX SB1520 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the consideration of applications for permits for certain commercial solid waste processing or treatment facilities.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-05-22 - Committee report sent to Calendars [SB1520 Detail]
Download: Texas-2011-SB1520-Engrossed.html
By: Uresti | S.B. No. 1520 |
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relating to the consideration of applications for permits for | ||
certain commercial solid waste processing or treatment facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 361, Health and Safety | ||
Code, is amended by adding Section 361.0865 to read as follows: | ||
Sec. 361.0865. CONSIDERATION OF PROCESSING OR TREATMENT | ||
FACILITY PERMIT APPLICATIONS. (a) This section applies only to an | ||
application for the issuance, amendment, extension, or renewal of a | ||
permit for a commercial facility that accepts nonhazardous liquid | ||
waste from municipal or industrial sources for processing or | ||
treatment. This section does not apply to a facility owned or | ||
operated by or affiliated with: | ||
(1) a local government, including a facility leased to | ||
or from a local government; or | ||
(2) a person who holds a permit to dispose of | ||
hazardous, municipal, or industrial solid waste. | ||
(b) The commission may not issue, amend, extend, or renew a | ||
permit unless the commission determines that the applicant | ||
possesses adequate technical, managerial, and financial ability to | ||
operate the facility safely and in compliance with all applicable | ||
legal requirements. The commission shall consider, at a minimum: | ||
(1) financial assurance information described by | ||
Section 361.085(a); | ||
(2) evidence of the professional qualifications of the | ||
management or principals of the applicant; | ||
(3) evidence of training, licensure, certification, | ||
or relevant experience of individuals employed by the applicant who | ||
are or will be involved in the operation of the facility; | ||
(4) whether the applicant has a compliance history | ||
classification as a poor performer, as determined by rules adopted | ||
under Section 5.754, Water Code, or does not have a compliance | ||
history; | ||
(5) information related to past compliance, in | ||
addition to the information provided under Section 361.084, as | ||
required by the commission, including information indicating: | ||
(A) for the preceding five years, whether, in | ||
connection with an unauthorized acceptance or discharge of | ||
municipal solid waste: | ||
(i) two or more administrative orders that | ||
assess penalties against the applicant or order the applicant to | ||
take corrective measures have been issued by the commission; or | ||
(ii) four or more notices of violation have | ||
been issued by the commission to the applicant; and | ||
(B) for the preceding 10 years, whether the | ||
facility, the applicant, the principal shareholders of the owner of | ||
the facility, or the individuals employed by the facility who are or | ||
will be responsible for the operation of the facility have been | ||
convicted of a violation of any environmental law; and | ||
(6) any other evidence required by the commission | ||
relating to the applicant's ability to comply with all applicable | ||
legal requirements. | ||
(c) The commission by rule shall adopt standards for making | ||
a determination under Subsection (b). | ||
(d) The commission may impose conditions on the issuance, | ||
amendment, extension, or renewal of a permit designed to increase | ||
the likelihood of the applicant's operation of the facility safely | ||
and in compliance with all applicable legal requirements. | ||
SECTION 2. The changes in law made by Section 361.0865, | ||
Health and Safety Code, as added by this Act, apply only to an | ||
application for the issuance, amendment, extension, or renewal of a | ||
permit that is received by the Texas Commission on Environmental | ||
Quality on or after the effective date of this Act. An application | ||
that is received before that date is governed by the law in effect | ||
at the time the application is received, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2011. |