Texas Statutes
Subchapter C. Permits
Section 361.111. Commission Shall Exempt Certain Municipal Solid Waste Management Facilities

Sec. 361.111. COMMISSION SHALL EXEMPT CERTAIN MUNICIPAL SOLID WASTE MANAGEMENT FACILITIES. (a) The commission shall exempt from permit requirements a municipal solid waste management facility that is used in the transfer of municipal solid waste to a solid waste processing or disposal facility from:
(1) a municipality with a population of less than 50,000;
(2) a county with a population of less than 85,000;
Text of subd. (3) as added by Acts 1993, 73rd Leg., ch. 802, Sec. 5
(3) a facility used in the transfer of municipal solid waste that will transfer 125 tons per day or less; and
Text of subd. (3) as added by Acts 1993, 73rd Leg., ch. 899, Sec. 2.08 and Acts 1993, 73rd Leg., ch. 1045, Sec. 10
(3) a facility used in the transfer of municipal solid waste that transfers or will transfer 125 tons a day or less; or
Text of subd. (4) as added by Acts 1993, 73rd Leg., ch. 802, Sec. 5 and Acts 1993, 73rd Leg., ch. 1045, Sec. 10
(4) a materials recovery facility that recycles for reuse more than 10 percent of its incoming nonsegregated waste stream if the remaining nonrecyclable waste is transferred to a permitted landfill not more than 50 miles from the materials recovery facility.
Text of subd. (4) as added by Acts 1993, 73rd Leg., ch. 899, Sec. 2.08
(4) a materials recovery facility that recycles for reuse more than 10 percent of its incoming nonsegregated waste stream if the remaining nonrecyclable waste is transferred to a permitted Type I landfill not farther than 50 miles from the materials recovery facility.
(b) The facility must comply with design and operational requirements established by commission rule that are necessary to protect the public's health and the environment.
Text of subsec. (c) as added by Acts 1993, 73rd Leg., ch. 802, Sec. 5
(c) To qualify for this exemption, the applicant must hold a public meeting on the siting of the facility in the municipality or county where the facility is to be located.
Text of subsec. (c) as added by Acts 1993, 73rd Leg., ch. 899, Sec. 2.08 and Acts 1993, 73rd Leg., ch. 1045, Sec. 10
(c) To qualify for an exemption under this section, an applicant must hold a public meeting about the siting of the facility in the municipality or county in which the facility is or will be located.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 17, eff. Sept. 6, 1990. Amended by Acts 1993, 73rd Leg., ch. 802, Sec. 5, eff. June 18, 1993; Acts 1993, 73rd Leg., ch. 899, Sec. 2.08, eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 1045, Sec. 10, eff. Sept. 1, 1993.

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