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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Health and Safety Code § 361.123: LIMITATION ON LOCATION OF MUNICIPAL SOLID WASTE LANDFILLS.

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Where this section sits in the code
  1. HEALTH AND SAFETY CODE
  2. TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY
  3. SUBTITLE B. SOLID WASTE, TOXIC CHEMICALS, SEWAGE, LITTER, AND WATER
  4. CHAPTER 361. SOLID WASTE DISPOSAL ACT
  5. SUBCHAPTER C. PERMITS

(a) This section applies to an application for a permit for a new Type I or new Type IV municipal solid waste landfill or for a permit or permit amendment authorizing the conversion of a Type IV municipal solid waste landfill to a Type I municipal solid waste landfill only if the landfill or proposed site for the new landfill is located in a county that is adjacent to a county with a population of more than 3.3 million and inside the boundaries of a national forest, as designated by the United States Forest Service, on public or private land.

(b) The commission may not issue a permit for a new Type I or new Type IV municipal solid waste landfill to be located as described by Subsection (a).

(c) The commission may not issue a permit or permit amendment authorizing the conversion of a Type IV municipal solid waste landfill located as described by Subsection (a) to a Type I municipal solid waste landfill.

(d) This section does not apply to an application for a permit or permit amendment authorizing an areal expansion of an existing Type I municipal solid waste landfill.

Added by Acts 2005, 79th Leg., Ch. 1027 (H.B. 1053), Sec. 1, eff. June 18, 2005.

Collected 2026-08-27T01:47:17Z. Source file · JSON

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