reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 361.069 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter C. Permits|Section 361.069. Determination of Land Use Compatibility

Sec. 361.069.  DETERMINATION OF LAND USE COMPATIBILITY.  The commission in its discretion may, in processing a permit application, make a separate determination on the question of land use compatibility, and, if the site location is acceptable, may at another time consider other technical matters concerning the application.  A public hearing may be held for each determination in accordance with Section 361.088.  In making a determination on the question of land use compatibility, the commission shall not consider the position of a state or federal agency unless the position is fully supported by credible evidence from that agency during the public hearing.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 802, Sec. 6, eff. June 18, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.44, eff. Sept. 1, 1995.|Sec. 361.078.  MAINTENANCE OF STATE PROGRAM AUTHORIZATION UNDER FEDERAL LAW.  This subchapter does not abridge, modify, or restrict the authority of the commission to adopt rules under Subchapters B and C, to issue permits and to enforce the terms and conditions of the permits, concerning hazardous waste management to the extent necessary for the commission to receive and maintain state program authorization under Section 3006 of the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Section 6901 et seq.).|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.079 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter C. Permits|Section 361.079. Notice Concerning Receipt of Permit Application; Hearing Procedures

Sec. 361.079.  NOTICE CONCERNING RECEIPT OF PERMIT APPLICATION;  HEARING PROCEDURES.  (a)  Except as provided by Sections 361.080(b) and 361.081(c), the commission by rule shall establish procedures for public notice and a public hearing under Section 361.080 or 361.081.(b)  The hearings shall be conducted in accordance with the hearing rules and the applicable provisions of Chapter 2001, Government Code.(c)  To improve the timeliness of notice to the public of a public hearing under Section 361.080 or 361.081, public notice of receipt of the permit application shall be provided at the time a permit application is submitted to the commission.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 13(b), eff. Sept. 6, 1990;  Acts 1991, 72nd Leg., ch. 296, Sec. 1.03, eff. June 7, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 11.45, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.0791 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter C. Permits|Section 361.0791. Public Meeting and Notice Requirement

Sec. 361.0791.  PUBLIC MEETING AND NOTICE REQUIREMENT.  (a)  Notwithstanding other law, the commission may hold a public meeting on an application for a new hazardous waste management facility in the county in which the proposed hazardous waste management facility is to be located.  The commission may hold a public meeting on an application for a Class 3 modification or a major amendment to an existing facility's hazardous waste permit.(b)  Notwithstanding other law, the commission may hold a public meeting on an application for a new municipal solid waste management facility in the county in which the proposed municipal solid waste management facility is to be located.(c)  A public meeting held as part of a local review process under Section 361.063 meets the requirement of Subsection (a) or (b) if notice is provided as required by this section.(d)  A public meeting under this section is not a contested case hearing under Chapter 2001, Government Code.(e)  If a meeting is required under Subsection (a), not less than once each week during the three weeks preceding a public meeting, the applicant shall publish notice of the meeting in the newspaper of the largest general circulation that is published in the county in which the proposed facility is to be located or, if no newspaper is published in the county, in a newspaper of general circulation in the county.  The applicant shall provide the commission an affidavit certifying that the notice was given as required by this section.  Acceptance of the affidavit creates a rebuttable presumption that the applicant has complied with this section.(f)  The published notice may not be smaller than 96.8 square centimeters or 15 square inches with the shortest dimension at least 7.6 centimeters or three inches and shall contain, at a minimum, the following information:(1)  the permit application number;(2)  the applicant's name;(3)  the proposed location of the facility;  and(4)  the location and availability of copies of the permit application.(g)  The applicant shall pay the cost of notice required to be provided under this section.  The commission by rule may establish procedures for payment of those costs.|Added by Acts 1991, 72nd Leg., ch. 296, Sec. 1.04, eff. June 7, 1991.  Amended by Acts 1993, 73rd Leg., ch. 802, Sec. 3, eff. June 18, 1993;  Acts 1993, 73rd Leg., ch. 1044, Sec. 3, eff. June 20, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 11.46, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 582 (H.B. 1609), Sec. 2, eff. September 1, 2005.|
TX Health & Safety Code § 361.080 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter C. Permits|Section 361.080. Hearing Concerning Permit Application for Hazardous Industrial Solid Waste Facility

Sec. 361.080.  HEARING CONCERNING PERMIT APPLICATION FOR HAZARDOUS INDUSTRIAL SOLID WASTE FACILITY.  (a)  A hearing on an application for a permit concerning a hazardous industrial solid waste facility must include one session held in the county in which the facility is located.(b)  Notice for a hearing session held under this section shall be provided in accordance with Section 361.0791.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 296, Sec. 1.05, eff. June 7, 1991.|
TX Health & Safety Code § 361.081 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter C. Permits|Section 361.081. Notice of Hearing Concerning Application for a Solid Waste Facility

Sec. 361.081.  NOTICE OF HEARING CONCERNING APPLICATION FOR A SOLID WASTE FACILITY.  (a)  The commission shall require the applicant to mail notice to each residential or business address located within one-half mile of a new solid waste management facility and to each owner of real property located within one-half mile of a new solid waste management facility listed in the real property appraisal records of the appraisal district in which the solid waste management facility is sought to be permitted as of the date the commission determines the permit application is administratively complete.  The notice must be sent by mail and must be deposited with the United States postal service not more than 45 days or less than 30 days before the date of the hearing.(b)  The applicant must certify to the commission that the mailings were deposited as required by Subsection (a).  Acceptance of the certification creates a rebuttable presumption that the applicant has complied with this section.  Substantial compliance with the notice requirements of Subsection (a) is sufficient for the commission to exercise jurisdiction over an application for a solid waste facility.(c)  In addition to the requirements of Subsection (a), the commission shall hold a public meeting and the applicant shall give notice concerning the application for a permit for a new hazardous waste management facility as provided by Section 361.0791.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 13(c), eff. Sept. 6, 1990;  Acts 1991, 72nd Leg., ch. 296, Sec. 1.06, eff. June 7, 1991;  Acts 1993, 73rd Leg., ch. 802, Sec. 4, eff. June 18, 1993;  Acts 1993, 73rd Leg., ch. 1044, Sec. 4, eff. June 20, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.47, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.083 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter C. Permits|Section 361.083. Evidence of Notice of Hearing

Sec. 361.083.  EVIDENCE OF NOTICE OF HEARING.  (a)  Before the commission may hear testimony in a contested case, evidence must be placed in the record to show that proper notice of the hearing was given to affected persons.(b)  If mailed notice to an affected person is required, the commission or other party to the hearing shall place evidence in the record that notice was mailed to the affected person's address as shown by the appropriate appraisal district real property appraisal records at the time of the mailing.(c)  The affidavit of the commission employee responsible for the mailing of the notice, attesting that the notice was mailed to the address shown by the appraisal district real property appraisal records at the time of mailing, is prima facie evidence of proper mailing.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 14, eff. Sept. 6, 1990;  Acts 1995, 74th Leg., ch. 76, Sec. 11.47, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.0831 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter C. Permits|Section 361.0831. Ex Parte Contacts Prohibited

Sec. 361.0831.  EX PARTE CONTACTS PROHIBITED.  (a)  Unless required for the disposition of ex parte matters authorized by law, or unless permitted by Section 2001.061, Government Code, a hearings examiner may not communicate, directly or indirectly, with any employee of the commission, any commissioner, or any party to a hearing conducted by the commission in connection with any issue of fact or law pertaining to a contested case in which the commission or party is involved.(b)  Except for communications allowed under Subsection (a), an employee of the commission, a commissioner, or a party to a hearing conducted by the commission may not attempt to influence the finding of facts or the application of law or rules by a hearings examiner except by proper evidence, pleadings, and legal argument with notice and opportunity for all parties to participate.(c)  If a prohibited contact is made, the hearings examiner shall notify all parties with a summary of that contact and notice of their opportunity to respond and shall give all parties an opportunity to respond.|Added by Acts 1991, 72nd Leg., ch. 296, Sec. 1.08, eff. June 7, 1991.  Amended by Acts 1993, 73rd Leg., ch. 177, Sec. 1, eff. May 17, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(56), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 106, Sec. 6, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.0832 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter C. Permits|Section 361.0832. Proposal for Decision; Certified Issues; Reversal by Commission

Sec. 361.0832.  PROPOSAL FOR DECISION;  CERTIFIED ISSUES;  REVERSAL BY COMMISSION.  (a)  After hearing evidence and receiving legal arguments, a hearings examiner shall make findings of fact, conclusions of law, and any ultimate findings required by statute, all of which shall be separately stated.  The hearings examiner shall make a proposal for decision to the commission and shall serve the proposal for decision on all parties.  The commission shall consider and act on the proposal for decision.(b)  If a contested case involves an ultimate finding of compliance with or satisfaction of a statutory standard the determination of which is committed to the discretion or judgment of the commission by law, a hearings examiner, on joint motion of all parties or sua sponte, may certify those policy issues to the commission.  A certification request must contain a statement of the policy issue to be determined and a statement of all relevant facts sufficient to show fully the nature of the controversy.  The commission may receive written or oral statements from parties to the hearing or the hearings examiner on the policy issue certified.  The commission must answer policy issues not later than the 60th day after the date of certification or, in its discretion, may decline to answer.  If the commission fails to answer a policy issue within that period, the commission shall be deemed to have declined to answer.  The hearings examiner shall proceed with the contested case and make a proposal for decision as required by Subsection (a).(c)  The commission may overturn an underlying finding of fact that serves as the basis for a decision in a contested case only if the commission finds that the finding was not supported by the great weight of the evidence.(d)  The commission may overturn a conclusion of law in a contested case only on the grounds that the conclusion was clearly erroneous in light of precedent and applicable rules.(e)  If a decision in a contested case involves an ultimate finding of compliance with or satisfaction of a statutory standard the determination of which is committed to the discretion or judgment of the commission by law, the commission may reject a proposal for decision as to the ultimate finding for reasons of policy only.(f)  The commission shall issue written rulings, orders, or decisions in all contested cases and shall fully explain in a ruling, order, or decision the reasoning and grounds for overturning each finding of fact or conclusion of law or for rejecting any proposal for decision on an ultimate finding.(g)  To the extent of a conflict between this section and Section 2001.058(e), Government Code, this section controls.|Added by Acts 1991, 72nd Leg., ch. 296, Sec. 1.08, eff. June 7, 1991.  Amended by Acts 1995, 74th Leg., ch. 106, Sec. 7, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.0855 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter C. Permits|Section 361.0855. Demonstration of Financial Assurance

Sec. 361.0855.  DEMONSTRATION OF FINANCIAL ASSURANCE.  (a)  In this section:(1)  "Bonds" means financial obligations issued by a local government, including general obligation bonds, revenue bonds, and certificates of obligation.(2)  "Local government" includes:(A)  a local government corporation created under Chapter 431, Transportation Code, to act on behalf of a local government; and(B)  a conservation and reclamation district created under Section 59, Article XVI, Texas Constitution.(b)  Notwithstanding any requirement of the commission for the demonstration of financial assurance, a local government that owns or operates a municipal solid waste landfill facility regulated by this chapter is considered to have satisfied all requirements of the commission for the demonstration of financial assurance in relation to closure, post closure, or corrective action, if the local government:(1)  establishes and passes a financial test in accordance with commission rules; and(2)  demonstrates that the outstanding bonds of the local government that are not secured by insurance, a letter of credit, or any other collateral or guarantee have a current rating of AAA, AA, A, or BBB as determined by Standard and Poor's or Aaa, Aa, A, or Baa as determined by Moody's.(c)  A local government must demonstrate financial assurance under this section:(1)  before the date of the initial receipt of waste at the facility; or(2)  as soon as practicable if, on the effective date of this section, the facility was in operation and had received waste.|Added by Acts 2005, 79th Leg., Ch. 154 (H.B. 2131), Sec. 1, eff. May 24, 2005.|
TX Health & Safety Code § 361.086 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter C. Permits|Section 361.086. Separate Permit for Each Facility

Sec. 361.086.  SEPARATE PERMIT FOR EACH FACILITY.  (a)  Except as provided by Subsection (d), a separate permit is required for each solid waste facility.(b)  A permit under this subchapter may be issued only to the person in whose name the application is made and only for the facility described by the permit.(c)  A permit may not be transferred without first giving written notice to and receiving written approval of the agency that issued the permit.(d)  A separate permit is not required for activities authorized by a general permit issued under Section 27.025, Water Code.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2007, 80th Leg., R.S., Ch. 901 (H.B. 2654), Sec. 5, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.002(10), eff. September 1, 2009.|
TX Health & Safety Code § 361.0861 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter C. Permits|Section 361.0861. Separate Recycling or Recovery Permit Not Required

Sec. 361.0861.  SEPARATE RECYCLING OR RECOVERY PERMIT NOT REQUIRED.  (a)  A permit holder or a municipal solid waste management facility that has or plans to have a recycling, waste separation, energy and material recovery, or gas recovery or transfer facility established in conjunction with the permitted municipal solid waste management facility is not required to obtain for that recycling, waste separation, energy and material recovery, or gas recovery or transfer facility a separate permit from the commission or to apply for an amendment to an existing permit issued by the commission.(b)  A facility to which this section applies must register with the commission in accordance with commission rules and comply with commission rules adopted under this chapter.(c)  If a permit is otherwise required, the commission shall expedite the permit proceeding if the applicant is seeking a permit for a solid waste management facility that employs an innovative, high technology method of waste disposition and recycling.|Added by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 15, eff. Sept. 6, 1990.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.50, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 987, Sec. 1, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.087 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter C. Permits|Section 361.087. Contents of Permit

Sec. 361.087.  CONTENTS OF PERMIT.  A permit issued under this subchapter must include:(1)  the name and address of each person who owns the land on which the solid waste facility is located and the person who is or will be the operator or person in charge of the facility; (2)  a legal description of the land on which the facility is located;  and(3)  the terms and conditions on which the permit is issued, including the duration of the permit.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|Sec. 361.0871.  EVALUATION OF WASTE STREAM;  LAND USE AND NEED.  (a)  Before a permit may be issued for a new hazardous waste management facility or amended to provide for capacity expansion, the applicant shall identify the nature of any known specific and potential sources, types, and volumes of waste to be stored, processed, or disposed of by the facility and shall identify any other related information the commission may require.(b)  In evaluating a permit for a new hazardous waste management facility, the commission shall assess the impact of the proposed facility on local land use in the area, including any relevant land use plans in existence before publication of the notice of intent to file a solid waste permit application or, if no notice of intent is filed, at the time the permit application is filed.  In determining whether a new hazardous waste management facility is compatible with local land use, the commission shall consider, at a minimum, the location of industrial and other waste-generating facilities in the area, the amounts of hazardous waste generated by those facilities, and the risks associated with the transportation of hazardous waste to the facility.  If the commission determines that a proposed application is not compatible with local land use, it may deny the permit.  The commission shall adopt rules to implement this subsection.(c)  Repealed by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 7.04(a).|Added by Acts 1991, 72nd Leg., ch. 296, Sec. 1.13, eff. June 7, 1991.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 7.04(a), eff. Jan. 11, 2004.|