Texas Health and Safety Code 361.115 – Certification of Landfill Capacity to Municipality; Restrictions On Contract
(a) The owner or operator of a solid waste landfill facility permitted by the commission or licensed by a county, before entering into a contract with a municipality for the disposal of the municipality’s solid waste, must certify to the municipality that the facility has the capacity to dispose of the volume of waste proposed in the contract for the duration of the contract, if requested in writing by the municipality.
(b) The owner or operator of a solid waste landfill facility permitted by the commission or licensed by a county who has a contract with a municipality to dispose of the municipality’s solid waste may not enter into a contract to accept solid waste generated from outside the municipality’s extraterritorial jurisdiction for disposal at the facility in an amount that would reduce the projected life of the facility to less than the remaining duration of the contract for the disposal of the municipality’s waste unless alternative disposal is provided.
Terms Used In Texas Health and Safety Code 361.115
- Contract: A legal written agreement that becomes binding when signed.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(c) The owner or operator of a solid waste landfill facility permitted by the commission or licensed by a county who has a contract with a municipality for the disposal of the municipality’s solid waste shall, if requested in writing by the municipality, certify and report to the municipality annually that the owner or operator has the capacity to fulfill its contractual obligations to the municipality for solid waste disposal. The certification if requested must include a statement:
(1) of the remaining permitted solid waste disposal capacity of the facility;
(2) of the contractually committed volumes or tonnages of waste accepted at the facility; and
(3) from the owner or operator that the facility possesses the capacity to fulfill the disposal commitments in the contract with the municipality.