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Texas Health and Safety Code - HEALTH & SAFETY § 364.020. Deposit of Certain Food Waste for Composting in Certain Counties Prohibited

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) In this section:

(1) "Commercial food waste composting ordinance" means a municipal ordinance that requires a multifamily residential property, a business holding a food permit, or another business owner to divert food waste from disposal in a landfill.

(2) "Composting facility" means a facility that composts source-separated yard trimmings, clean wood material, vegetative material, paper, manure, meat, fish, dead animal carcasses, dairy materials, or meat and vegetable oils and greases from a municipal, commercial, or institutional source.

(b) Except as provided by Subsection (e), a person may not deposit at a composting facility located in a county that does not contain a municipality with a commercial food waste composting ordinance food waste that is:

(1) collected for composting in a municipality that has a commercial food waste composting ordinance;  and

(2) subject to such an ordinance.

(c) A person is liable for a civil penalty of $1,000 for each violation of Subsection (b).

(d) The attorney general may bring an action in a court of competent jurisdiction to recover the civil penalty imposed under this section.

(e) This section does not apply to:

(1) an agricultural operation as defined by Section 251.002, Agriculture Code;

(2) a composting facility located in a county described by Subsection (b) if the commissioners court of the county by resolution or order authorizes the deposit of food waste subject to a commercial food waste composting ordinance at the facility;  or

(3) a composting facility that:

(A) is authorized to operate under a valid notification issued by the commission on or before January 1, 2025;  and

(B) accepted food waste described by Subsection (b) before January 1, 2025.

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Cite this article: FindLaw.com - Texas Health and Safety Code - HEALTH & SAFETY § 364.020. Deposit of Certain Food Waste for Composting in Certain Counties Prohibited - last updated January 01, 2024 | https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-364-020/

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