Mar 30, 2013

SB 762 - Texas E-Waste Bill Introduced to make it criminal offense to landfill electronic waste

SB 762mTexas — Relating to a prohibition on the disposal of certain used equipment at a municipal solid waste facility; creating an offense....relating to a prohibition on the disposal of certain used equipment
  at a municipal solid waste facility; creating an offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 361.954(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The collection, recycling, and reuse provisions of this
  subchapter apply to computer equipment used and returned to the
  manufacturer by a consumer in this state and, except as provided by
  Section 361.967, do not impose any obligation on an owner or
  operator of a solid waste facility.
         SECTION 2.  Subchapter Y, Chapter 361, Health and Safety
  Code, is amended by adding Section 361.967 to read as follows:
         Sec. 361.967.  PROHIBITION ON LAND DISPOSAL OR INCINERATION.
  (a) In this section, "used equipment" means equipment that is
  eligible for collection under a manufacturer's recovery plan
  adopted under Section 361.955.
         (b)  The commission by rule shall prohibit a person from
  intentionally or knowingly disposing of used equipment in a
  municipal solid waste landfill or incinerator.
         (c)  An owner or operator of a municipal solid waste landfill
  or incinerator is not in violation of this section or a rule adopted
  under this section if the owner or operator has:
               (1)  posted in a conspicuous location a sign stating
  that used equipment is not accepted at the landfill or incinerator;
  and
               (2)  notified in writing any solid waste collector
  registered to dispose of waste at the landfill or incinerator that
  used equipment is not accepted.
         (d)  A person that violates this section or a rule adopted
  under this section is liable for a civil penalty not to exceed $200
  for each item of used equipment disposed of or accepted for disposal

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