Bill Text: TX SB1338 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-03-25 - Co-author authorized [SB1338 Detail]
Download: Texas-2019-SB1338-Introduced.html
By: Zaffirini | S.B. No. 1338 | |
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relating to the issuance of a permit for a municipal solid waste | ||
landfill facility located in a special flood hazard area. | ||
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 361.1232 to read as follows: | ||
Sec. 361.1232. LIMITATION ON MUNICIPAL SOLID WASTE LANDFILL | ||
IN SPECIAL FLOOD HAZARD AREA. (a) In this section: | ||
(1) "Facility" mean all contiguous land, improvements | ||
on land, structures, and appurtenances, including drainage | ||
structures, groundwater monitoring wells, landfill gas probes, and | ||
gate or scale houses, that are used for the storage, processing, or | ||
disposal of solid waste. | ||
(2) "Special flood hazard area" means the land in a | ||
floodplain subject to not less than one percent chance of flooding | ||
in a year as designated by the director or administrator of the | ||
Federal Emergency Management Agency. | ||
(b) The commission may not issue a permit for a new | ||
municipal solid waste landfill facility or a lateral expansion of | ||
an existing municipal solid waste landfill facility that is | ||
contingent on the removal of a part of the facility from a special | ||
flood hazard area. | ||
(c) The commission may not issue a permit for a new | ||
municipal solid waste landfill facility or for a lateral expansion | ||
of an existing municipal solid waste landfill facility if a part of | ||
the facility is or will be located in a special flood hazard area | ||
unless the applicant has obtained from the Federal Emergency | ||
Management Agency a letter of map change demonstrating that the | ||
entire facility has been removed from the special flood hazard | ||
area. A conditional letter of map change issued by the Federal | ||
Emergency Management Agency does not satisfy the requirements of | ||
this subsection. | ||
(d) The commission shall coordinate with all applicable | ||
regional and local governments to verify that all required map | ||
changes to the Flood Insurance Rate Map have been acquired from the | ||
Federal Emergency Management Agency and that all necessary permits | ||
have been issued for the facility by the governmental entities or | ||
agencies with jurisdiction over the facility under Section 16.235, | ||
Texas Water Code, or Chapter 16, Subchapter I, Texas Water Code. | ||
SECTION 2. Section 361.1232, Health and Safety Code, as | ||
added by this Act, applies only to an application for the issuance | ||
or amendment of a permit for a municipal solid waste landfill | ||
facility that is pending before the Texas Commission on | ||
Environmental Quality on or after the effective date of this Act. A | ||
permit for a municipal solid waste landfill facility that is issued | ||
or amended before the effective date of this Act is governed by the | ||
law in effect when the permit was issued or amended, and the former | ||
law is continued in effect for that purpose. | ||
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. |