Sec. 361.118. REMEDIAL ACTION REGARDING INDUSTRIAL SOLID WASTE DISPOSED OF IN MUNICIPAL SOLID WASTE LANDFILL FACILITY. (a) This section applies only to a municipal solid waste landfill facility:
(1) for which the commission has issued a permit; and
(2) a portion of which:
(A) has been used for the disposal of more than 15,000 barrels of industrial solid waste;
(B) is closed; and
(C) is the subject of a notice regarding the former use of the property recorded in the real property records of the county in which the facility is located.
(b) If the commission determines that there is a release or that a release is imminent into the environment of industrial solid waste disposed of in the portion of the facility that has been closed, the commission shall require the owner of the facility to remediate as necessary and to the extent practicable to prevent or minimize the release of the waste so that the waste does not migrate or have the potential to migrate.
(c) If the commission requires the owner of the facility to remediate under Subsection (b), the owner shall develop a remedial action plan and must obtain a major amendment to the permit for the facility approving the plan.
(d) This section does not limit the applicability of Section 26.121, Water Code.
Added by Acts 1999, 76th Leg., ch. 570, Sec. 2, eff. Sept. 1, 1999.
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