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Tex. Health & Safety Code § 361.0861

SEPARATE RECYCLING OR RECOVERY PERMIT NOT REQUIRED

Known as the Solid Waste Disposal Act

The act spans §§ 361–361 (309 sections).

Applied in 2 court decisions — leading case Alton McDaniel v. Texas Natural Resource Conservation Commission (1998)

Most recently applied in McDaniel v. TEX. NAT. RESOURCE CONSERV. COM'N (December 1998)

Added by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 15, eff

(a) A permit holder or a municipal solid waste management facility that has or plans to have a recycling, waste separation, energy and material recovery, or gas recovery or transfer facility established in conjunction with the permitted municipal solid waste management facility is not required to obtain for that recycling, waste separation, energy and material recovery, or gas recovery or transfer facility a separate permit from the commission or to apply for an amendment to an existing permit issued by the commission.

(b) A facility to which this section applies must register with the commission in accordance with commission rules and comply with commission rules adopted under this chapter.

(c) If a permit is otherwise required, the commission shall expedite the permit proceeding if the applicant is seeking a permit for a solid waste management facility that employs an innovative, high technology method of waste disposition and recycling.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.