8-Comprehensive Municipal Solid Waste Management, Resource Recovery and Conversation Act.pdf

HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE B. SOLID WASTE, TOXIC CHEMICALS, SEWAGE, LITTER, AND WATER

CHAPTER 363. MUNICIPAL SOLID WASTE

SUBCHAPTER A. GENERAL PROVISIONS

Sec.A363.001.AASHORT TITLE. This chapter may be cited as the

Comprehensive Municipal Solid Waste Management, Resource Recovery, and Conservation Act.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec.A363.002.AAPOLICY. It is this state’s policy to safeguard the health, general welfare, and physical property of the people and to protect the environment by encouraging the reduction in solid waste generation and the proper management of solid waste, including disposal and processing to extract usable materials or energy. Encouraging a cooperative effort among federal, state, and local governments and private enterprise, to accomplish the purposes of this chapter, will further that policy.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec.A363.003.AAFINDINGS. The legislature finds that:

(1)AAthe growth of the state’s economy and population has resulted in an increase in discarded materials;

(2)AAthe improper management of solid waste creates hazards to the public health, can cause air and water pollution, creates public nuisances, and causes a blight on the landscape;

(3)AAthere is increasing public opposition to the location of solid waste land disposal facilities;

(4)AAbecause some communities lack sufficient financial resources, municipal solid waste land disposal sites in the state are being improperly operated and maintained, causing potential health problems to nearby residents, attracting vectors, and creating conditions that destroy the beauty and quality of our environment;

(5)AAoften, operational deficiencies occur at rural solid waste land disposal sites operated by local governments that do not have the funds, personnel, equipment, and technical expertise to properly operate a disposal system;

(6)AAmany smaller communities and rural residents have no organized solid waste collection and disposal system, resulting in dumping of garbage and trash along the roadside, in roadside parks, and at illegal dump sites;

(7)AAcombining two or more small, inefficient operations into local, regional, or countywide systems may provide a more economical, efficient, and safe means for the collection and disposal of solid waste and will offer greater opportunities for future resource recovery;

(8)AAthere are private operators of municipal solid waste management systems with whom persons can contract or franchise their services, and many of those private operators possess the management expertise, qualified personnel, and specialized equipment for the safe collection, handling, and disposal of solid waste;

(9)AAtechnologies exist to separate usable material from solid waste and to convert solid waste to energy, and it will benefit this state to work in cooperation with private business, nonprofit organizations, and public agencies that have acquired knowledge, expertise, and technology in the fields of energy production and recycling, reuse, reclamation, and collection of materials;

(10)AAthe opportunity for resource recovery is diminished unless local governments can exercise control over solid waste and can enter long-term contracts to supply solid waste to resource recovery systems or to operate those systems;

(11)AAthe control of solid waste collection and disposal should continue to be the responsibility of local governments and public agencies, but the problems of solid waste management have become a matter of state concern and require state financial assistance to plan and implement solid waste management practices that encourage the safe disposal of solid waste and the recovery of material and energy resources from solid waste; and

(12)AAlocal governments should be encouraged to contract with waste management firms to meet the requirements of this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 1045, Sec. 11, eff. Sept. 1, 1993.

Sec.A363.004.AADEFINITIONS. In this chapter:

(1)AA"Advisory council" means the Municipal Solid Waste

Management and source Recovery Advisory Council.

(2)AA"Commission" means the Texas Commission on

Environmental Quality.

(3)AA"Executive director" means the executive director of the Texas Commission on Environmental Quality.

(4)AA"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of containerized or uncontainerized solid waste or hazardous waste into or on land or water so that the solid waste or hazardous waste or any constituent of solid waste or hazardous waste may enter the environment or be emitted into the air or discharged into surface water or groundwater.

(5)AA"Governing body" means the governing body of a municipality, the commissioners court, the board of directors, the trustees, or a similar body charged by law with governing a public agency.

(6)AA"Hazardous waste" means solid waste identified or listed as a hazardous waste by the administrator of the United

States Environmental Protection Agency under the federal Solid

Waste Disposal Act, as amended by the Resource Conservation and

Recovery Act (42 U.S.C. Section 6901 et seq.).

(7)AA"Industrial solid waste" means solid waste resulting from or incidental to a process of industry or manufacturing, or mining or agricultural operations.

(8)AA"Local government" means a county, municipality, or other political subdivision of the state exercising the authority granted under Section 361.165 (Solid Waste Disposal Act).

(9)AA"Municipal solid waste" means solid waste resulting from or incidental to municipal, community, commercial, institutional, and recreational activities, and includes garbage, https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=361.165 rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and other solid waste other than industrial solid waste.

(10)AA"Planning fund" means the municipal solid waste management planning fund.

(11)AA"Planning region" means a region of this state identified by the governor as an appropriate region for municipal solid waste planning as provided by Section 4006 of the federal

Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.).

(12)AA"Processing" means the extraction of materials, transfer, volume reduction, conversion to energy, or other separation and preparation of solid waste for reuse or disposal, including treatment or neutralization of hazardous waste designed to change the physical, chemical, or biological character or composition of hazardous waste so as to:

(A)AAneutralize hazardous waste;

(B)AArecover energy or material from hazardous waste; or

(C)AArender hazardous waste nonhazardous or less hazardous, safer to transport, store, or dispose of, amenable for recovery or storage, or reduced in volume.

(13)AA"Property" means land, structures, interest in land, air rights, water rights, and rights that accompany interest in land, structures, water rights, and air rights and includes easements, rights-of-way, uses, leases, incorporeal hereditaments, legal and equitable estates, interest, or rights such as terms for years and liens.

(14)AA"Public agency" means a municipality, county, or district or authority created and operating under Article III, Section 52(b)(1) or (2), or Article XVI, Section 59, of the Texas

Constitution, or a combination of two or more of those governmental entities acting under an interlocal agreement and having the authority under this chapter or other law to own and operate a solid waste management system.

(15)AA"Regional or local solid waste management plan" means a plan adopted by a planning region under Section 363.062 or a https://statutes.capitol.texas.gov/GetStatute.aspx?Code=CN&Value=3.52 https://statutes.capitol.texas.gov/GetStatute.aspx?Code=CN&Value=16.59 https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=363.062 local government under Section 363.063.

(16)AA"Resolution" means the action, including an order or ordinance, that authorizes bonds and that is taken by the governing body.

(17)AA"Resource recovery" means recovering materials or energy from solid waste or otherwise converting solid waste to a useful purpose.

(18)AA"Resource recovery system" means real property, structures, plants, works, facilities, equipment, pipelines, machinery, vehicles, vessels, rolling stock, licenses, or franchises used or useful in connection with processing solid waste to extract, recover, reclaim, salvage, reduce, or concentrate the solid waste or convert it to energy or useful matter or resources, including electricity, steam, or other forms of energy, metal, fertilizer, glass, or other forms of material and resources. The term includes real property, structures, plants, works, facilities, pipelines, machinery, vehicles, vessels, rolling stock, licenses, or franchises used or useful in:

(A)AAtransporting, receiving, storing, transferring, and handling solid waste;

(B)AApreparing, separating, or processing solid waste for reuse;

(C)AAhandling and transporting recovered matter, resources, or energy; and

(D)AAhandling, transporting, and disposing of nonrecoverable solid waste residue.

(19)AA"Solid waste" means garbage, rubbish, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations and from community and institutional activities, but does not include:

(A)AAsolid or dissolved material in domestic sewage or irrigation return flows or industrial discharges subject to regulation by permit issued under Chapter 26, Water Code;

(B)AAsoil, dirt, rock, sand, and other natural or https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=363.063 https://statutes.capitol.texas.gov/GetStatute.aspx?Code=WA&Value=26 man-made inert solid materials used to fill land if the object of the fill is to make the land suitable for surface improvement construction; or

(C)AAwaste materials that result from activities associated with the exploration, development, or production of oil or gas and are subject to control by the Railroad Commission of

Texas.

(20)AA"Solid waste management" means the systematic control of any of the following activities:

(A)AAgeneration;

(B)AAsource separation;

(C)AAcollection;

(D)AAhandling;

(E)AAstorage;

(F)AAtransportation;

(G)AAprocessing;

(H)AAtreatment;

(I)AAresource recovery; or

(J)AAdisposal of solid waste.

(21)AA"Solid waste management system" means a plant, composting process plant, incinerator, sanitary landfill, transfer station, or other works and equipment that is acquired, installed, or operated to collect, handle, store, process, recover material or energy from, or dispose of solid waste, and includes sites for those works and equipment.

(22)AA"State solid waste management plan" means the

Solid Waste Management Plan for Texas, Volume 1, Municipal Solid

Waste, adopted by the Texas Board of Health, including subsequent amendments by the commission.

(23)AA"Technical assistance fund" means the municipal solid waste resource recovery applied research and technical assistance fund.

(24)AA"Yard waste" means leaves, grass clippings, yard and garden debris, and brush, including clean woody vegetative material not greater than six inches in diameter, that result from landscaping maintenance and land-clearing operations. The term does not include stumps, roots, or shrubs with intact root balls.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 303, Sec. 5, eff. Sept. 1, 1991; Acts

1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.032, eff. Aug. 12, 1991;

Acts 1995, 74th Leg., ch. 76, Sec. 11.93, eff. Sept. 1, 1995.

Amended by:

Acts 2025, 89th Leg., R.S., Ch. 986 (S.B. 766), Sec. 15, eff.

September 1, 2025.

Sec.A363.005.AAAPPLICATION OF CHAPTER. This chapter applies only to solid waste and hazardous waste as described by Sections

361.011 and 361.012.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.033, eff. Aug. 12, 1991.

Sec.A363.006.AACONSTRUCTION OF CHAPTER; EXEMPTIONS. (a)

This chapter does not prohibit or limit a person from extracting or using materials that the person generates or legally collects or acquires for recycling or resale.

(b)AAMaterials that are separated or recovered from solid waste for reuse or recycling by the generator, by a private person under contract with the generator, or by a collector of solid waste or recovered materials are not subject to this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec.A363.007.AASTATUTES NOT AFFECTED BY CHAPTER. This chapter does not affect:

(1)AAChapter 361 (Solid Waste Disposal Act);

(2)AAChapter 364 (County Solid Waste Control Act); or

(3)AAChapter 362 (Solid Waste Resource Recovery

Financing Act).

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER B. COMMISSION POWERS AND DUTIES

Sec.A363.021.AACOMMISSION RULEMAKING AUTHORITY. The commission may adopt rules necessary to implement this chapter.

http://capitol.texas.gov/tlodocs/89R/billtext/html/SB00766F.HTM https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=361.011 by Acts 1995, 74th Leg., ch. 76, Sec. 11.94, eff. Sept. 1, 1995.

Sec.A363.022.AACOMMISSION POWERS AND DUTIES. (a) The commission shall implement and enforce this chapter.

(b)AAThe commission shall:

(1)AAprovide technical assistance to public agencies and planning regions and cooperate with federal agencies and private organizations in carrying out this chapter;

(2)AApromote planning for and implementation of the recovery of materials and energy from solid waste;

(3)AAestablish guidelines for regional and local municipal solid waste management plans;

(4)AAreview and approve or disapprove regional and local municipal solid waste management plans;

(5)AAassist the advisory council in its duties;

(6)AAprovide educational and informational programs to promote effective municipal solid waste management practices and to encourage resource recovery;

(7)AAprovide procedures under which public agencies and planning regions may apply for financial assistance grants;

(8)AAevaluate applications and award financial assistance grants in accordance with commission rules; and

(9)AAcoordinate programs under this chapter with other state agencies, including the Railroad Commission of Texas and any other state or federal agency having an interest in a program or project.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.94, eff. Sept. 1, 1995.

Sec.A363.023.AAAPPLICATION FOR FEDERAL FUNDS; CONTRACTS AND

AGREEMENTS WITH FEDERAL GOVERNMENT. The commission may apply for and accept federal funds and enter into contracts and agreements with the federal government relating to planning, developing, maintaining, and enforcing the municipal solid waste management program.

by Acts 1995, 74th Leg., ch. 76, Sec. 11.94, eff. Sept. 1, 1995.

Sec.A363.024.AADISBURSEMENT OF FEDERAL FUNDS. (a) The commission may accept and disburse funds received from the federal government for purposes relating to solid waste management and resource recovery in the manner provided by this chapter and by agreement between the federal government and the commission.

(b)AAState funds provided to public agencies or planning regions under this chapter may be combined with local or regional funds to match federal funds on approved programs for municipal solid waste management.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.94, eff. Sept. 1, 1995.

SUBCHAPTER C. ADVISORY COUNCIL

Sec.A363.041.AACOMPOSITION OF ADVISORY COUNCIL. The

Municipal Solid Waste Management and Resource Recovery Advisory

Council is composed of the following 18 members appointed by the commission:

(1)AAan elected official from a municipality with a population of 750,000 or more;

(2)AAan elected official from a municipality with a population of 100,000 or more but less than 750,000;

(3)AAan elected official from a municipality with a population of 25,000 or more but less than 100,000;

(4)AAan elected official from a municipality with a population of less than 25,000;

(5)AAtwo elected officials of separate counties, one of whom is from a county with a population of less than 150,000;

(6)AAan official from a municipality or county solid waste agency;

(7)AAa representative from a private environmental conservation organization;

(8)AAa representative from a public solid waste district or authority;

(9)AAa representative from a planning region;

(10)AAa representative of the financial community;

(11)AAa representative from a solid waste management organization composed primarily of commercial operators;

(12)AAtwo persons representing the public who would not otherwise qualify as members under this section;

(13)AAa registered waste tire processor;

(14)AAa professional engineer from a private engineering firm with experience in the design and management of solid waste facilities;

(15)AAa solid waste professional with experience managing or operating a commercial solid waste landfill; and

(16)AAa person who is experienced in the management and operation of a composting or recycling facility or an educator with knowledge of the design and management of solid waste facilities.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 899, Sec. 3.12, eff. Aug. 30, 1993;

Acts 1995, 74th Leg., ch. 76, Sec. 11.95, eff. Sept. 1, 1995; Acts

1997, 75th Leg., ch. 408, Sec. 1, eff. Sept. 1, 1997.

Sec.A363.042.AATERMS; VACANCIES. (a) Advisory council members serve for staggered six-year terms, with the terms of five members expiring August 31 of each odd-numbered year.

(b)AAThe commission shall fill a vacancy on the advisory council for the unexpired term by appointing a person who has the same qualifications as required under Section 363.041 for the person who previously held the vacated position.

(c)AAA person who is appointed to a term on the advisory council or to fill a vacancy on the advisory council may continue to serve as a member only while the person continues to qualify for the category from which the person is appointed.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.96, eff. Sept. 1, 1995.

Sec.A363.043.AAPRESIDENT. (a) The commission chairman shall appoint one member as advisory council president.

(b)AAThe advisory council president serves for a term of two years expiring August 31 of each odd-numbered year.

https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=363.041 by Acts 1995, 74th Leg., ch. 76, Sec. 11.97, eff. Sept. 1, 1995.

Sec.A363.044.AAPAYMENT OF AND REIMBURSEMENT FOR EXPENSES.

(a) Each advisory council member is entitled to compensation and reimbursement of travel expenses incurred by the member while conducting the business of the advisory council, as provided in the

General Appropriations Act.

(b)AAThe expenses incurred by the advisory council are to be paid from the planning fund, the technical assistance fund, or other money available for that purpose.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.98, eff. Sept. 1, 1995;

Acts 1997, 75th Leg., ch. 408, Sec. 2, eff. Sept. 1, 1997.

Sec.A363.045.AAMEETINGS. (a) The advisory council shall adopt and may amend procedures for the conduct of advisory council business.

(b)AAThe advisory council shall hold at least one meeting every three months.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec.A363.046.AADUTIES. The advisory council shall:

(1)AAreview and evaluate the effect of state policies and programs on municipal solid waste management;

(2)AAmake recommendations to the executive director and the commission on matters relating to municipal solid waste management;

(3)AArecommend legislation to the commission to encourage the efficient management of municipal solid waste;

(4)AArecommend policies to the commission for the use, allocation, or distribution of the planning fund that include:

(A)AAidentification of statewide priorities for use of funds;

(B)AAthe manner and form of application for financial assistance; and

(C)AAcriteria, in addition to those prescribed by

Section 363.093(d), to be evaluated in establishing priorities for providing financial assistance to applicants; and

(5)AArecommend to the executive director special studies and projects to further the effectiveness of municipal solid waste management and resource recovery.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.99, eff. Sept. 1, 1995.

SUBCHAPTER D. REGIONAL AND LOCAL SOLID WASTE MANAGEMENT PLANS

Sec.A363.061.AACOMMISSION RULES; APPROVAL OF REGIONAL AND

LOCAL SOLID WASTE MANAGEMENT PLANS. (a) The commission shall adopt rules relating to regional and local solid waste management plans, including procedures for review and criteria for approval of those plans.

(b)AAThe commission by rule shall require as criteria for approval of a regional or local solid waste management plan that the plan reflect consideration of the preference of municipal solid waste management methods under Section 361.022 (Solid Waste

Disposal Act).

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.99, eff. Sept. 1, 1995.

Sec.A363.0615.AARESPONSIBILITY FOR REGIONAL PLANNING. (a)

A council of governments has primary responsibility for the regional planning process.

(b)AAA planning region may be divided into subregions as part of the regional planning process. If a planning region is divided into subregions, the council of governments with jurisdiction in the planning region may assist the local governments constituting a subregion to develop a joint local solid waste management plan that provides for solid waste services for solid waste generated within that subregion.

(c)AAA council of governments may:

(1)AAemploy personnel necessary to carry out the regional planning process, including an administrator for each subregion if subregions are established; and https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=363.093 https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=361.022

(2)AAadopt rules necessary to carry out responsibilities concerning the regional planning process.

(d)AAIn this section, "council of governments" means a regional planning commission created under Chapter 391, Local

Government Code.

Added by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 31(b), eff. Sept. 6, 1990.

Sec.A363.0616.AAPREPARATION OF REGIONAL PLAN BY OTHER PUBLIC

AGENCY IN CERTAIN REGIONS. (a) In a 10-county region with a population of less than 300,000, a council of governments is not required to prepare a regional solid waste management plan for that region if a public agency other than a municipality or county has received state funds for that purpose and has prepared a plan that has been approved by the state agency that administered the state funds.

(b)AAIn this section, "council of governments" means a regional planning commission created under Chapter 391, Local

Government Code.

Added by Acts 1991, 72nd Leg., ch. 267, Sec. 1, eff. June 5, 1991.

Sec.A363.062.AAREGIONAL SOLID WASTE MANAGEMENT PLAN. (a) A planning region shall develop a regional solid waste management plan as provided by Section 363.0635 that must conform to the state solid waste management plan.

(b)AAA regional solid waste management plan shall be submitted to the commission for review.

(c)AAIf the commission determines that a regional solid waste management plan conforms to the requirements adopted by the commission, the commission shall consider the regional solid waste management plan for approval.

(d)AAIn each even-numbered year on the anniversary of the adoption of a municipal solid waste management plan, each planning region shall report to the commission on the progress of the region’s municipal solid waste management program and recycling activities developed under this section. The commission may not require a planning region to submit to the commission information https://statutes.capitol.texas.gov/GetStatute.aspx?Code=LG&Value=391 https://statutes.capitol.texas.gov/GetStatute.aspx?Code=LG&Value=391 https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=363.0635 previously submitted to the commission by the planning region in an earlier plan or report.

(e)AAIf the commission determines that a regional solid waste management plan does not conform to the requirements adopted by the commission, the commission shall give written notice to the planning region of each aspect of the plan that must be changed to conform to commission requirements. After the changes have been made in the plan as provided by the commission, the commission shall consider the plan for approval.

(f)AAThe commission by rule shall adopt an approved regional solid waste management plan.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 31(a), eff.

Sept. 6, 1990; Acts 1993, 73rd Leg., ch. 899, Sec. 2.09, eff. Aug.

30, 1993; Acts 1993, 73rd Leg., ch. 1045, Sec. 13, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 11.100, eff. Sept. 1, 1995.

Sec.A363.063.AALOCAL SOLID WASTE MANAGEMENT PLAN. (a) A local government shall develop a local solid waste management plan as provided by Section 363.0635.

(b)AAA local solid waste management plan must conform to the adopted regional solid waste management plan that covers the area in the local government’s jurisdiction.

(c)AAA local solid waste management plan shall be submitted to the commission for review. If the commission determines that the plan conforms to the requirements adopted by the commission, the commission shall consider the plan for approval.

(d)AAIn each even-numbered year on the anniversary of the adoption of a municipal solid waste management plan, each local government shall report to the commission on the progress of its municipal solid waste management program and recycling activities implemented under this section. The commission may not require a local government to submit to the planning region or to the commission information previously submitted to the planning region or commission by the local government in an earlier plan or report.

(e)AAIf the commission determines that a local solid waste https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=363.0635 management plan does not conform to the requirements adopted by the commission, the commission shall give written notice to the local government of each aspect of the plan that must be changed to conform to commission requirements. After changes are made in the plan as requested by the commission, the commission shall consider the plan for approval.

(f)AAThe commission by rule shall adopt an approved local solid waste management plan.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 31(c), eff.

Sept. 6, 1990; Acts 1993, 73rd Leg., ch. 899, Sec. 2.10, eff. Aug.

30, 1993; Acts 1993, 73rd Leg., ch. 1045, Sec. 14, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 11.101, eff. Sept. 1, 1995.

Sec.A363.0635.AASCHEDULE FOR ADOPTION OF PLANS. (a) The commission shall establish a time schedule by which each planning region existing on September 1, 1989, shall develop a regional solid waste management plan, and local governments located in those planning regions shall develop local solid waste management plans as required by this section.

(b)AAThe time schedule shall be based on the availability of funds to provide financial assistance to planning regions and local governments as prescribed by Sections 363.091 through 363.093 for the development of those plans.

(c)AAUnless otherwise required by federal law or federal regulations, a planning region or local government is not required to develop a solid waste management plan until after the date on which funds are provided to that planning region or local government by the commission as prescribed by Sections 363.091 through 363.093 for the development of plans.

(d)AAEach planning region existing on September 1, 1989, shall develop a regional solid waste management plan, and local governments located in that planning region shall develop local solid waste management plans in accordance with the time schedule established by the commission and as provided by this subchapter.

Added by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 31(d), https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=363.091 https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=363.093 https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=363.091 https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=363.093 eff. Sept. 6, 1990. Amended by Acts 1995, 74th Leg., ch. 76, Sec.

11.102, eff. Sept. 1, 1995.

Sec.A363.064.AACONTENTS OF REGIONAL OR LOCAL SOLID WASTE

MANAGEMENT PLAN. (a) A regional or local solid waste management plan must:

(1)AAinclude a description and an assessment of current efforts in the geographic area covered by the plan to minimize production of municipal solid waste, including sludge, and efforts to reuse or recycle waste;

(2)AAidentify additional opportunities for waste minimization and waste reuse or recycling;

(3)AAinclude a description and assessment of existing or proposed community programs for the collection of household hazardous waste;

(4)AAmake recommendations for encouraging and achieving a greater degree of waste minimization and waste reuse or recycling in the geographic area covered by the plan;

(5)AAencourage cooperative efforts between local governments in the siting of landfills for the disposal of solid waste;

(6)AAconsider the need to transport waste between municipalities, from a municipality to an area in the jurisdiction of a county, or between counties, particularly if a technically suitable site for a landfill does not exist in a particular area;

(7)AAallow a local government to justify the need for a landfill in its jurisdiction to dispose of the solid waste generated in the jurisdiction of another local government that does not have a technically suitable site for a landfill in its jurisdiction;

(8)AAestablish recycling rate goals appropriate to the area covered by the plan;

(9)AArecommend composting programs for yard waste and related organic wastes that may include:

(A)AAcreation and use of community composting centers;

(B)AAadoption of the "Don’t Bag It" program for lawn clippings developed by the Texas Agricultural Extension

Service; and

(C)AAdevelopment and promotion of education programs on home composting, community composting, and the separation of yard waste for use as mulch;

(10)AAinclude an inventory of municipal solid waste landfill units, including:

(A)AAlandfill units no longer in operation;

(B)AAthe exact boundaries of each former landfill unit or, if the exact boundaries are not known, the best approximation of each unit’s boundaries;

(C)AAa map showing the approximate boundaries of each former landfill unit, if the exact boundaries are not known;

(D)AAthe current owners of the land on which the former landfill units were located; and

(E)AAthe current use of the land;

(11)AAassess the need for new waste disposal capacity;

and

(12)AAinclude a public education program.

(b)AAIf the boundaries of a municipal solid waste unit that is no longer operating are known to be wholly on an identifiable tract, the council of governments for the area in which the former landfill unit is located shall notify the owner of land that overlays the former landfill unit of the former use of the land and shall notify the county clerk of the county or counties in which the former landfill unit is located of the former use. The notice to the county clerk must include:

(1)AAa description of the exact boundaries of the former landfill unit or, if the exact boundaries are not known, the best approximation of each unit’s boundaries;

(2)AAa legal description of the parcel or parcels of land in which the former landfill unit is located;

(3)AAnotice of the former landfill unit’s former use;

and

(4)AAnotice of the restrictions on the land imposed by this subchapter.

(c)AAThe county clerk shall record the descriptions and notices submitted by a council of governments under Subsection

(b).AAThe county clerk may prescribe the method of arranging and indexing the descriptions and notices.AAThe county clerk shall make the descriptions and notices available for public inspection.

(d)AAThe municipalities and counties within each council of governments shall cooperate fully in compiling the inventory of landfill units.

(e)AAEach council of governments shall provide a copy of the inventory of municipal solid waste landfill units to the commission and to the chief planning official of each municipality and county in which a unit is located. The commission and the officials shall make the inventory available for public inspection.

(f)AAThe commission may grant money from fees collected under

Section 361.013 to a municipality or association of municipalities for the purpose of conducting the inventory required by this section.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 31(e), eff.

Sept. 6, 1990; Acts 1991, 72nd Leg., ch. 238, Sec. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 303, Sec. 6, eff. Sept. 1, 1991;

Acts 1993, 73rd Leg., ch. 770, Sec. 2, eff. Sept. 1, 1993; Acts

1993, 73rd Leg., ch. 899, Sec. 2.11, eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 1045, Sec. 15, eff. Sept. 1, 1993; Acts 1995, 74th

Leg., ch. 76, Sec. 11.103, eff. Sept. 1, 1995; Acts 1999, 76th

Leg., ch. 1280, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 7.01, eff. Jan. 11, 2004.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 1276 (H.B. 1435), Sec. 5, eff.

September 1, 2013.

Sec.A363.065.AAPLANNING PROCESS; PLANNING AREA. (a) A regional or local solid waste management plan must result from a planning process that:

(1)AAis related to proper management of solid waste in the planning area under consideration; and

(2)AAidentifies problems and collects and evaluates data necessary to provide a written public statement of goals, https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=361.013 http://capitol.texas.gov/tlodocs/83R/billtext/html/HB01435F.HTM objectives, and recommended actions intended to accomplish those goals and objectives.

(b)AAA regional solid waste management plan must consider the entire area in an identified planning region.

(c)AAA local solid waste management plan must consider all the area in the jurisdiction of one or more local governments but may not include an entire planning region.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec.A363.066.AACONFORMITY WITH REGIONAL OR LOCAL SOLID WASTE

MANAGEMENT PLAN. (a) On the adoption of a regional or local solid waste management plan by commission rule, public and private solid waste management activities and state regulatory activities must conform to that plan.

(b)AAThe commission may grant a variance from the adopted plan under procedures and criteria adopted by the commission.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 31(f), eff.

Sept. 6, 1990; Acts 1995, 74th Leg., ch. 76, Sec. 11.104, eff.

Sept. 1, 1995.

Sec.A363.067.AASTUDY REQUIRED FOR RESOURCE RECOVERY OR OTHER

SOLID WASTE MANAGEMENT SYSTEMS. (a) To develop programs to implement regional or local solid waste management plans or other solid waste management alternatives that include resource recovery, a study must be made to determine feasibility and acceptance of the programs.

(b)AAThe study shall be conducted in three phases:

(1)AAa screening study;

(2)AAa feasibility study; and

(3)AAan implementation study.

(c)AAPublic agencies that conduct all or part of one or more phases may qualify for assistance to accomplish other phases or parts of phases.

(d)AAAfter each phase, the governing body shall determine whether to proceed to the next phase.

(e)AAA study may not include final design and working drawings of any request for proposals for project facilities or operations.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec.A363.068.AASCREENING STUDY. (a) A screening study must provide a survey and assessment of the various factors affecting the suitability of resource recovery or other solid waste management systems with the scope and detail needed to make an initial determination of whether those systems are potentially successful alternatives to existing systems.

(b)AAThe survey and assessment must include:

(1)AAthe amount and characteristics of available waste;

(2)AAthe suitability and economics of existing solid waste management systems;

(3)AAinstitutional factors affecting potential alternatives;

(4)AAtechnologies available;

(5)AAidentification of potential material and energy markets;

(6)AAeconomics of alternative systems; and

(7)AAinterest of the local citizenry in available alternatives.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec.A363.069.AAFEASIBILITY STUDY. A feasibility study must provide an evaluation of alternatives that:

(1)AAidentifies current solid waste management practices and costs;

(2)AAanalyzes the waste stream and its availability by composition and quantity;

(3)AAidentifies potential markets and obtains statements of interest for recovered materials and energy;

(4)AAidentifies and evaluates alternative solid waste management systems;

(5)AAprovides an assessment of potential effects of alternatives in terms of their public health, physical, social, economic, fiscal, environmental, and aesthetic implications;

(6)AAconducts and evaluates results of public hearings or surveys of local citizens ’ opinions; and

(7)AAmakes recommendations on alternatives for further consideration.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec.A363.070.AAIMPLEMENTATION STUDY. An implementation study must:

(1)AAprovide a recommended course of action for a public agency;

(2)AAprovide for the collection and analysis of data;

(3)AAidentify and characterize solid waste problems and issues;

(4)AAdetermine waste stream composition and quantity;

(5)AAidentify and analyze alternatives;

(6)AAevaluate risk elements of alternatives;

(7)AAidentify and solidify markets;

(8)AAmake site analyses;

(9)AAevaluate financing options and recommend preferred methods of financing;

(10)AAevaluate the application of resource recovery technologies;

(11)AAidentify and discuss potential effects of alternative systems;

(12)AAprovide for public participation and recommend preferred alternatives; and

(13)AAprovide for implementation.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER E. PLANNING FUND AND TECHNICAL ASSISTANCE FUND

Sec.A363.091.AAMUNICIPAL SOLID WASTE MANAGEMENT PLANNING

FUND. (a) The municipal solid waste management planning fund is in the state treasury.

(b)AAIn addition to money appropriated by the legislature, money received from other sources, including money received under contracts or agreements entered into under Section 363.116, shall https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=363.116 be deposited to the credit of the planning fund.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec.A363.092.AAPLANNING FUND USE; FINANCIAL ASSISTANCE TO

LOCAL GOVERNMENTS AND PLANNING REGIONS. (a) The executive director shall administer the financial assistance program and the planning fund under the commission’s direction.

(b)AAThe commission shall adopt rules for the use and distribution to public agencies and planning regions of money in the planning fund.

(c)AAThe commission shall use the planning fund to provide financial assistance to:

(1)AAlocal governments and planning regions to develop regional and local solid waste management plans;

(2)AApublic agencies and planning regions to prepare screening, feasibility, and implementation studies; and

(3)AAlocal governments and planning regions for costs of developing and implementing approved household hazardous waste diversion programs, excluding costs of disposal.

(d)AAThe commission shall use at least 90 percent of the money appropriated to it for the planning fund to provide financial assistance, and not more than 10 percent of the total funds appropriated to the commission for the planning fund may be used to administer the financial assistance program and the planning fund and to pay the expenses of the advisory council.

(e)AAThe planning fund may not be used for construction or to prepare final design and working drawings, acquire land or an interest in land, or pay for recovered resources.

(f)AAThe commission by rule shall allocate a specific percentage of money provided under Subsection (c)(1) to be used to develop plans for community household hazardous waste collection programs.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 238, Sec. 2, eff. Sept. 1, 1991; Acts

1991, 72nd Leg., ch. 303, Sec. 7, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 11.105, eff. Sept. 1, 1995.

Sec.A363.093.AAAPPLICATION FOR FINANCIAL ASSISTANCE. (a)

An applicant for financial assistance from the planning fund must agree to comply with:

(1)AAthe state solid waste management plan;

(2)AAthe commission’s municipal solid waste management rules; and

(3)AAother commission requirements.

(b)AAThe commission may not authorize release of funds under a financial assistance application until the applicant furnishes to the commission a resolution adopted by the governing body of each public agency or planning region that is a party to the application certifying that:

(1)AAthe applicant will comply with the financial assistance program’s provisions and commission requirements;

(2)AAthe funds will be used only for the purposes for which they are provided;

(3)AAregional or local solid waste management plans or studies developed with the financial assistance will be adopted by the governing body as its policy; and

(4)AAfuture municipal solid waste management activities will, to the extent reasonably feasible, conform to the regional or local solid waste management plan.

(c)AAFinancial assistance provided by the commission to a public agency or planning region must be matched at least equally by funds provided by the recipient, except that this matching requirement does not apply if the recipient is a council of governments created under Chapter 391, Local Government Code, or a municipality or county.

(d)AAThe priority given to applicants in receiving financial assistance must be determined by:

(1)AAthe need to initiate or improve the solid waste management program in the applicant ’s jurisdiction;

(2)AAthe needs of the state;

(3)AAthe applicant ’s financial need; and

(4)AAthe degree to which the proposed program will result in improvements that meet the requirements of state, regional, and local solid waste management plans.

https://statutes.capitol.texas.gov/GetStatute.aspx?Code=LG&Value=391

(e)AAThe commission may approve an application for financial assistance if:

(1)AAthe application is consistent with the rules adopted by the commission under Section 363.092(b); and

(2)AAthe commission finds that the applicant requires state financial assistance and that it is in the public interest to provide the financial assistance.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 737, Sec. 1, eff. Sept. 1, 1991; Acts

1995, 74th Leg., ch. 76, Sec. 11.106, eff. Sept. 1, 1995.

Sec.A363.094.AAMUNICIPAL SOLID WASTE RESOURCE RECOVERY

APPLIED RESEARCH AND TECHNICAL ASSISTANCE FUND. (a) The municipal solid waste resource recovery applied research and technical assistance fund is in the state treasury.

(b)AAThe technical assistance fund is composed of legislative appropriations.

(c)AAThe technical assistance fund shall be used to:

(1)AAaccomplish applied research and development studies; and

(2)AAprovide technical assistance to public agencies to carry out investigations and to make studies relating to resource recovery and improved municipal solid waste management.

(d)AAThe executive director shall administer the technical assistance fund under the commission ’s direction.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.107, eff. Sept. 1, 1995.

Sec.A363.095.AAUSE OF TECHNICAL ASSISTANCE FUND. (a)

Studies, applied research, investigations, and other purposes accomplished with and technical assistance provided through use of money in the technical assistance fund must comply with:

(1)AAthe state solid waste management plan;

(2)AAthe commission’s municipal solid waste management rules; and

(3)AAother commission policy requirements.

(b)AATechnical assistance, applied research, https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=363.092 investigations, studies, and other purposes for which funds may be provided may include:

(1)AAan evaluation of the long-term statewide needs of public agencies in financing municipal solid waste systems and consideration of the nature and extent of financial support that the state should provide for those systems;

(2)AAan evaluation of state of the art waste reduction systems and waste-to-energy systems that include steam generation and electrical production;

(3)AAestablishment and evaluation of a pilot source separation and recycling project;

(4)AAfeasibility studies of appropriate technology that may be applicable to several local governments for the improvement of solid waste management systems;

(5)AAcost and economic comparisons of alternative solid waste management systems;

(6)AAan evaluation of available markets for energy and recovered materials;

(7)AAan evaluation of the availability of recovered materials and energy resources for new market opportunities; and

(8)AAa citizen involvement program to educate citizens in solid waste management issues and the improvement of solid waste management practices.

(c)AAThe commission may hire personnel to be paid from the technical assistance fund and may use the technical assistance fund for obtaining consultant services and for entering into interagency agreements with other state agencies, public agencies, or planning regions.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.108, eff. Sept. 1, 1995.

SUBCHAPTER F. LOCAL SOLID WASTE SERVICES AND REGULATION

Sec.A363.111.AAADOPTION OF RULES BY PUBLIC AGENCY. (a) A governing body may adopt rules for regulating solid waste collection, handling, transportation, storage, processing, and disposal.

(b)AAThe rules may not authorize any activity, method of operation, or procedure prohibited by Chapter 361 (Solid Waste

Disposal Act) or by rules or regulations of the commission or other state or federal agencies.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.109, eff. Sept. 1, 1995.

Sec.A363.112.AAPROHIBITION OF PROCESSING OR DISPOSAL OF

SOLID WASTE IN CERTAIN AREAS. (a) To prohibit the processing or disposal of municipal or industrial solid waste in certain areas of a municipality or county, the governing body of the municipality or county must by ordinance or order specifically designate the area of the municipality or county, as appropriate, in which the disposal of municipal or industrial solid waste will not be prohibited.

(b)AAThe ordinance or order must be published for two consecutive weeks in a newspaper of general circulation in the area of the municipality or county, as appropriate, before the date the proposed ordinance or order is adopted by the governing body.

(c)AAThe governing body of a municipality or county may not prohibit the processing or disposal of municipal or industrial solid waste in an area of that municipality or county for which:

(1)AAan application for a permit or other authorization under Chapter 361 has been filed with and is pending before the commission; or

(2)AAa permit or other authorization under Chapter 361 has been issued by the commission.

(d)AAThe commission may not grant an application for a permit to process or dispose of municipal or industrial solid waste in an area in which the processing or disposal of municipal or industrial solid waste is prohibited by an ordinance or order authorized by

Subsection (a), unless the governing body of the municipality or county violated Subsection (c) in passing the ordinance or order.

The commission by rule may establish procedures for determining whether an application is for the processing or disposal of municipal or industrial solid waste in an area for which that processing or disposal is prohibited by an ordinance or order.

https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=361 https://statutes.capitol.texas.gov/GetStatute.aspx?Code=HS&Value=361

(e)AAThe powers specified by this section may not be exercised by the governing body of a municipality or county with respect to areas to which Section 361.090 applies.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.110, eff. Sept. 1, 1995;

Acts 1999, 76th Leg., ch. 570, Sec. 4, eff. Sept. 1, 1999.

Sec.A363.113.AAESTABLISHMENT OF SOLID WASTE MANAGEMENT

SERVICES. Each county with a population of more than 30,000 and each municipality shall review the provision of solid waste management services in its jurisdiction and shall assure that those services are provided to all persons in its jurisdiction by a public agency or private person.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff.