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Tex. Health & Safety Code § 361.122

DENIAL OF CERTAIN LANDFILL PERMITS

Known as the Solid Waste Disposal Act

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

Applied in 1 court decision — leading case Juliff Gardens v. Texas Commission on Environmental Quality (2004)

Most recently applied in Juliff Gardens v. Texas Commission on Environmental Quality (March 2004)

Added by Acts 2001, 77th Leg., ch. 965, Sec. 9.08, eff

The commission may not issue a permit for a Type IV landfill if:

(1) the proposed site is located within 100 feet of a canal that is used as a public drinking water source or for irrigation of crops used for human or animal consumption;

(2) the proposed site is located in a county with a population of more than 225,000 that is located adjacent to the Gulf of Mexico; and

(3) prior to final consideration of the application by the commission, the commissioners of the county in which the facility is located have adopted a resolution recommending denial of the application.

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