[from 2002 http://findarticles.com/p/articles/mi_m0QNZ/is_2002_August_9/ai_n6244533/print]
The Texas Commission on Environmental Quality (TCEQ) on August 7 [2002] was poised to adopt rules aimed at ridding the state of "sham" recyclers, as mandated by section 9.03 of House Bill 2912 (the agency's Sunset legislation). Even after hearing significant complaints that the rules as drafted were unworkable, they held out hope that some compromise might be found between late morning and mid-afternoon, when a related rules package was also up for adoption............. - the proposed rules did not require financial assurance to cover cleanup costs for sham recyclers that go out of business.... El Paso Disposal noted the rules contain no provision for financial assurance to cover cleanup costs for a sham recycler and argued, as did others, for creating such a mechanism. Staff disagreed that financial assurance is needed for recycling facilities that meet the standards and operational requirements of the new rules. There was, they added, no legislative intent to regulate a compliant recycler as a solid waste facility. Moreover, other rules and penalties apply to illegitimate recyclers, including civil suits and criminal prosecution of those who dispose or allow or permit the disposal of over 5 lb of solid waste for a commercial purpose at a site that is not an approved solid waste management site....."
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