Texas Solid Waste Disposal Act
The Texas Solid Waste Disposal Act requires hazardous waste be stored and processed in hazardous industrial solid waste facilities. The facilities must receive a permit from the Texas Water Commission to store and process hazardous waste. The state wants to minimize the damage the waste causes to the environment by closely regulating its storage and disposal.
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Public Policy
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The Texas Solid Waste Disposal Act was enacted to protect the health of people in the community and the environment by setting up procedures to handle the disposal of solid waste. The facilities should attempt to reduce the amount of waste and the level of toxicity contained within the waste. The facility is obligated to recycle the waste or reuse it as long as it does not pose a threat to the environment or public health.
Licensing Authority
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The Texas Water Commission is authorized to issue permits to the industrial solid waste facilities and to enforce regulations. The county may also issue licenses to facilities and govern the storage, processing and disposal of waste by the facilities. The power of the commission supersedes that of the county. Any rules the county adopts cannot be less stringent or conflict with the rules put in place by the commission.
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Inspections
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The Environmental Protection Agency requires the commission to perform periodic inspections of the disposal facilities. Inspecting facilities that are reported as not being in compliance with the regulations and that pose an imminent threat to the environment take priority. The commission can also perform less formal inspections of their own in addition to the inspections required by the EPA.
Enforcement
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The commission can issue an administrative order to a person or facility that violates the regulations of waste storage and disposal. The order will prevent the person or facility from continuing to release the waste. The waste must be eliminated in an environmentally safe and cost effective manner. If the commission is not able to issue the order via certified mail or hand deliver it, the commission can serve notice in the Texas Register and in a newspaper circulated in the same county as the person's last known address.
Distribution of Costs
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When multiple parties are responsible for releasing solid waste that threatens public health, the cost of properly disposing of the waste is distributed among the parties based on a number of factors. The amount of money each party pays is determined by the relationship between the parties and the degree of culpability each holds for the release of the waste. The party's cooperation with the commission and the party's efforts to rectify the situation are also taken into consideration. The level of toxicity of the waste and the amount of waste released will also affect the cost attributed to each party.
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References
Resources
- Photo Credit former waste ground image by Yuriy Rozanov from Fotolia.com
