reglab/housing_qa huggingface dataset:
TX Water Code § 28A.001 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 28A - Registration and Inspection of Certain Aggregate Production Operations|Subchapter A. General Provisions|Section 28A.001. Definitions

Sec. 28A.001.  DEFINITIONS.  In this chapter:(1)  "Aggregate production operation" means the site from which aggregates are being or have been removed or extracted from the earth, including the entire areas of extraction, stripped areas, haulage ramps, and the land on which the plant processing the raw materials is located, exclusive of any land owned or leased by the responsible party not being currently used in the production of aggregates.  For the purposes of this chapter, the term "aggregate production operation" does not include:(A)  a site at which the materials that are being removed or extracted from the earth are used or processed at the same site or at a related site under the control of the same responsible party for the production of cement or lightweight aggregates, or in a lime kiln;(B)  a temporary site that is being used solely to provide aggregate products for use in a public works project involving the Texas Department of Transportation or a local governmental entity;(C)  an extraction area from which all raw material is extracted for use as fill or for other construction uses at the same or a contiguous site;(D)  a site at which the materials that are being removed or extracted from the earth are used or processed for use in the construction, modification, or expansion of a solid waste facility at the site or another location; or(E)  a site at which:(i)  the materials being removed or extracted from the earth are specialty or terrazo-type stone removed or extracted exclusively for decorative or artistic uses; and(ii)  the portion of the specialty or terrazo-type stone horizon that is exposed for current production for commercial sale in the site does not exceed five acres.(2)  "Aggregates" means any commonly recognized construction material originating from an aggregate production operation from which an operator extracts dimension stone, crushed and broken limestone, crushed and broken granite, crushed and broken stone not elsewhere classified, construction sand and gravel, industrial sand, dirt, soil, or caliche.  For purposes of this section, the term "aggregates" does not include clay or shale mined for use in manufacturing structural clay products.(3)  "Commission" means the Texas Commission on Environmental Quality.(4)  "Operator" means any person engaged in and responsible for the physical operation and control of the extraction of aggregates.(5)  "Owner" means any person having title, wholly or partly, to the land on which an aggregate production operation exists or has existed.(6)  "Responsible party" means the operator, lessor, or owner who is responsible for the overall function and operation of an aggregate production operation.|Added by Acts 2011, 82nd Leg., R.S., Ch. 107 (H.B. 571), Sec. 1, eff. September 1, 2011.Amended by: Acts 2017, 85th Leg., R.S., Ch. 167 (H.B. 2582), Sec. 1, eff. May 26, 2017.|
TX Water Code § 28A.051 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 28A - Registration and Inspection of Certain Aggregate Production Operations|Subchapter B. Registration and Inspection|Section 28A.051. Registration

Sec. 28A.051.  REGISTRATION.  (a)  The responsible party for an aggregate production operation shall register the operation with the commission not later than the 10th business day before the beginning date of extraction activities and shall renew the registration annually as extraction activities continue.(b)  After extraction activities at an aggregate production operation have ceased and the operator has notified the commission in writing that the operations have ceased, the requirements of this chapter are not applicable to the aggregate production operation.|Added by Acts 2011, 82nd Leg., R.S., Ch. 107 (H.B. 571), Sec. 1, eff. September 1, 2011.|
TX Water Code § 28A.052 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 28A - Registration and Inspection of Certain Aggregate Production Operations|Subchapter B. Registration and Inspection|Section 28A.052. Survey

Sec. 28A.052.  SURVEY.  (a)  The commission annually shall conduct a physical survey of the state to:(1)  identify all active aggregate production operations in this state; and(2)  ensure that each active aggregate production operation in this state is registered with the commission.(b)  The commission may contract with or seek assistance from a governmental entity or other person to conduct the annual survey required by Subsection (a) to identify active aggregate production operations that are not registered under this chapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 107 (H.B. 571), Sec. 1, eff. September 1, 2011.|
TX Water Code § 28A.053 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 28A - Registration and Inspection of Certain Aggregate Production Operations|Subchapter B. Registration and Inspection|Section 28A.053. Inspection

Sec. 28A.053.  INSPECTION.  (a)  The commission shall inspect each active aggregate production operation in this state for compliance with applicable environmental laws and rules under the jurisdiction of the commission:(1)  at least once every two years during the first six years in which the operation is registered; and(2)  after the expiration of the period described by Subdivision (1), at least once every three years.(b)  Except as provided by Subsection (c), the commission may conduct an inspection only after providing notice to the responsible party in accordance with commission policy.(c)  The commission may conduct unannounced periodic inspections under this section of an aggregate production operation that in the preceding three-year period has been issued a notice of violation by the commission for a violation of an environmental law or rule under the jurisdiction of the commission.  The unannounced inspections may be conducted only for a period of not more than one year.(d)  An inspection must be conducted by one or more inspectors trained in the regulatory requirements applicable to active aggregate production operations under the jurisdiction of the commission.  If the inspection is conducted by more than one inspector, each inspector is not required to be trained in each of the applicable regulatory requirements, but the combined training of the inspectors must include each of the applicable regulatory requirements.  The applicable regulatory requirements include requirements related to:(1)  individual water quality permits issued under Section 26.027;(2)  a general water quality permit issued under Section 26.040;(3)  air quality permits issued under Section 382.051, Health and Safety Code; and(4)  other regulatory requirements applicable to active aggregate production operations under the jurisdiction of the commission.(e)  An investigation in response to a complaint satisfies the requirement of an inspection under this section if a potential noncompliance issue not related to the complaint is observed and is:(1)  not within an area of expertise of the investigator but is referred by the investigator to the commission for further investigation; or(2)  within an area of expertise of the inspector and is appropriately investigated and appropriately addressed in the investigation report.|Added by Acts 2011, 82nd Leg., R.S., Ch. 107 (H.B. 571), Sec. 1, eff. September 1, 2011.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1050 (H.B. 907), Sec. 1, eff. September 1, 2019.|
TX Water Code § 28A.054 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 28A - Registration and Inspection of Certain Aggregate Production Operations|Subchapter B. Registration and Inspection|Section 28A.054. Report

Sec. 28A.054.  REPORT.  The commission shall provide a specific section in the annual enforcement report under Section 5.126 with information regarding the implementation of this chapter, including:(1)  the results of the survey to locate unregistered active aggregate production operations under Section 28A.052;(2)  the number and general location of the registered aggregate production operations;(3)  the number of inspectors trained in multiple areas related to the inspection of aggregate production operations;(4)  the number of inspections conducted; and(5)  the results of the inspections.|Added by Acts 2011, 82nd Leg., R.S., Ch. 107 (H.B. 571), Sec. 1, eff. September 1, 2011.|
TX Water Code § 28A.101 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 28A - Registration and Inspection of Certain Aggregate Production Operations|Subchapter C. Fees and Enforcement|Section 28A.101. Fees

Sec. 28A.101.  FEES.  (a)  A person who, under laws in the commission's jurisdiction and rules adopted under those laws, is authorized to operate an aggregate production operation shall pay annually an aggregate production operation registration fee to the commission in an amount established by commission rule.(b)  The commission shall set the annual registration fee in an amount sufficient to maintain a registry of active aggregate production operations in this state and implement this chapter, not to exceed $1,500.(c)  Registration fees collected under this section shall be deposited in the water resource management account and may be used only to implement this chapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 107 (H.B. 571), Sec. 1, eff. September 1, 2011.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1050 (H.B. 907), Sec. 2, eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 1173 (H.B. 3317), Sec. 19(a), eff. June 14, 2019.|
TX Water Code § 28A.102 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 28A - Registration and Inspection of Certain Aggregate Production Operations|Subchapter C. Fees and Enforcement|Section 28A.102. Penalty

Sec. 28A.102.  PENALTY.  The commission may assess a penalty of not less than $5,000 and not more than $20,000 for each year in which an aggregate production operation operates without being registered under this chapter.  The total penalty under this section may not exceed $40,000 for an aggregate production operation that is operated in three or more years without being registered.|Added by Acts 2011, 82nd Leg., R.S., Ch. 107 (H.B. 571), Sec. 1, eff. September 1, 2011.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1050 (H.B. 907), Sec. 3, eff. September 1, 2019.|
TX Water Code § 29.001 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 29 - Oil and Gas Waste Haulers|Subchapter A. General Provisions|Section 29.001. Short Title

Sec. 29.001.  SHORT TITLE.  This chapter may be cited as the Oil and Gas Waste Haulers Act.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, Sec. 21, eff. Jan. 1, 1992.|
TX Water Code § 29.002 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 29 - Oil and Gas Waste Haulers|Subchapter A. General Provisions|Section 29.002. Definitions

Sec. 29.002.  DEFINITIONS.  In this chapter:(1)  "Person" means an individual, association of individuals, partnership, corporation, receiver, trustee, guardian, executor, or a fiduciary or representative of any kind.(2)  "Railroad commission" means the Railroad Commission of Texas.(3)  "Oil and gas waste" means oil and gas waste as defined by Section 91.1011, Natural Resources Code, and includes water containing salt or other mineralized substances produced by drilling an oil or gas well or produced in connection with the operation of an oil or gas well.(4)  "Hauler" means a person who transports oil and gas waste for hire by any method other than by pipeline.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, Sec. 22, eff. Jan. 1, 1992.|
TX Water Code § 29.011 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 29 - Oil and Gas Waste Haulers|Subchapter B. Permits|Section 29.011. Application for Permit

Sec. 29.011.  APPLICATION FOR PERMIT.  Any person may apply to the railroad commission for a permit to haul and dispose of oil and gas waste.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, Sec. 23, eff. Jan. 1, 1992.|
TX Water Code § 29.012 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 29 - Oil and Gas Waste Haulers|Subchapter B. Permits|Section 29.012. Application Form

Sec. 29.012.  APPLICATION FORM.  The railroad commission shall prescribe a form on which an application for a permit may be made and shall provide the form to any person who wishes to submit an application.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 29.013 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 29 - Oil and Gas Waste Haulers|Subchapter B. Permits|Section 29.013. Contents of Application

Sec. 29.013.  CONTENTS OF APPLICATION.  The application for a permit shall:(1)  state the number of vehicles the applicant plans to use for hauling oil and gas waste;(2)  affirmatively show that the vehicles are designed so that they will not leak during transportation of oil and gas waste;(3)  include an affidavit from a person who operates an approved system of oil and gas waste disposal stating that the applicant has permission to use the approved system;(4)  state the applicant's name, business address, and permanent mailing address;  and(5)  include other relevant information required by railroad commission rules.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, Sec. 24, eff. Jan. 1, 1992.|
TX Water Code § 29.014 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 29 - Oil and Gas Waste Haulers|Subchapter B. Permits|Section 29.014. Rejecting an Application

Sec. 29.014.  REJECTING AN APPLICATION.  If an application for a permit does not comply with Section 29.013 of this code or with reasonable rules of the railroad commission, the railroad commission may reject the application.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 29.015 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 29 - Oil and Gas Waste Haulers|Subchapter B. Permits|Section 29.015. Application Fee

Sec. 29.015.  APPLICATION FEE.  With each application for issuance, renewal, or material amendment of a permit, the applicant shall submit to the railroad commission a nonrefundable fee of $100.  Fees collected under this section shall be deposited in the oil and gas regulation and cleanup fund.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, Sec. 25, eff. Sept. 1, 1991.Amended by: Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 19.27, eff. September 28, 2011.|
TX Water Code § 29.018 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 29 - Oil and Gas Waste Haulers|Subchapter B. Permits|Section 29.018. Suspension; Refusal to Renew

Sec. 29.018.  SUSPENSION;  REFUSAL TO RENEW.  The railroad commission may suspend or refuse to renew a permit for a period not to exceed one year if the permittee:(1)  violates the provisions of this chapter;(2)  violates reasonable rules promulgated under Section 29.031 of this code;  or(3)  does not maintain his operation at the standards that entitled him to a permit under Section 29.013 of this code.|Amended by Acts 1977, 65th Leg., p. 1654, ch. 650, Sec. 1.  Renumbered and amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5266, ch. 967, Sec. 15, eff. Sept. 1, 1983.|
TX Water Code § 29.019 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 29 - Oil and Gas Waste Haulers|Subchapter B. Permits|Section 29.019. Appeal

Sec. 29.019.  APPEAL.  Any person whose permit application is refused, whose permit is suspended, or whose application for permit renewal is refused by the railroad commission may file a petition in an action to set aside the railroad commission's act within the 30-day period immediately following the day he receives notice of the railroad commission's action.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 29.020 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 29 - Oil and Gas Waste Haulers|Subchapter B. Permits|Section 29.020. Suit to Compel Railroad Commission to Act

Sec. 29.020.  SUIT TO COMPEL RAILROAD COMMISSION TO ACT.  If the railroad commission does not act within a reasonable time after a person applies for a permit or for renewal of a permit, the applicant may notify the railroad commission of his intention to file suit.  After 10 days have elapsed since the day the notice was given, the applicant may file a petition in an action to compel the railroad commission to show cause why it should not be directed by the court to take immediate action.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 29.021 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 29 - Oil and Gas Waste Haulers|Subchapter B. Permits|Section 29.021. Venue

Sec. 29.021.  VENUE.  The venue in actions under Sections 29.019 and 29.020 of this code is fixed exclusively in the district courts of Travis County.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 29.031 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 29 - Oil and Gas Waste Haulers|Subchapter C. Commission Authority|Section 29.031. Rulemaking Power

Sec. 29.031.  RULEMAKING POWER.  The railroad commission shall adopt rules to effectuate the provisions of this chapter.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1983, 68th Leg., p. 5264, ch. 967, Sec. 12, eff. Sept. 1, 1983.|
TX Water Code § 29.032 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 29 - Oil and Gas Waste Haulers|Subchapter C. Commission Authority|Section 29.032. Copies of Rules

Sec. 29.032.  COPIES OF RULES.  The railroad commission shall print the rules and provide copies to persons who apply for them.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1983, 68th Leg., p. 5264, ch. 967, Sec. 12, eff. Sept. 1, 1983.|
TX Water Code § 29.033 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 29 - Oil and Gas Waste Haulers|Subchapter C. Commission Authority|Section 29.033. Effective Date of Rules

Sec. 29.033.  EFFECTIVE DATE OF RULES.  No rule or amendment to a rule is effective until after the 30-day period immediately following the day on which a copy of the rule is filed with the Secretary of State.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1983, 68th Leg., p. 5264, ch. 967, Sec. 12, eff. Sept. 1, 1983.|
TX Water Code § 29.034 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 29 - Oil and Gas Waste Haulers|Subchapter C. Commission Authority|Section 29.034. Access to Property

Sec. 29.034.  ACCESS TO PROPERTY.  Members and employees of the railroad commission, on proper identification, may enter public or private property to inspect and investigate conditions relating to the hauling of oil and gas waste, to monitor compliance with a rule, permit, or other order of the railroad commission, or to examine and copy, during reasonable working hours, those records or memoranda of the business being investigated.  Members or employees acting under the authority of this section who enter an establishment on public or private property shall observe the establishment's posted safety, internal security, and fire protection rules.|Added by Acts 1983, 68th Leg., p. 5264, ch. 967, Sec. 12, eff. Sept. 1, 1983.  Amended by Acts 1991, 72nd Leg., ch. 603, Sec. 26, eff. Jan. 1, 1992.|
TX Water Code § 29.041 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 29 - Oil and Gas Waste Haulers|Subchapter D. Offenses; Penalties|Section 29.041. Hauling Without Permit

Sec. 29.041.  HAULING WITHOUT PERMIT.  No hauler may haul or dispose of oil and gas waste off the lease, unit, or other oil or gas property where it is generated unless the hauler has a permit issued under this chapter.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, Sec. 27, eff. Jan. 1, 1992.|
TX Water Code § 29.042 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 29 - Oil and Gas Waste Haulers|Subchapter D. Offenses; Penalties|Section 29.042. Exceptions

Sec. 29.042.  EXCEPTIONS.  (a)  A person may haul oil and gas waste for use in connection with drilling or servicing an oil or gas well without obtaining a hauler's permit under this chapter.(b)  The commission by rule may except from the permitting requirements of this chapter specific categories of oil and gas waste other than salt water.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, Sec. 28, eff. Jan. 1, 1992.|
TX Water Code § 29.043 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 29 - Oil and Gas Waste Haulers|Subchapter D. Offenses; Penalties|Section 29.043. Using Haulers Without Permit

Sec. 29.043.  USING HAULERS WITHOUT PERMIT.  No person may knowingly utilize the services of a hauler to haul or dispose of oil and gas waste off the lease, unit, or other oil or gas property where it is generated if the hauler does not have a permit as required under this chapter.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, Sec. 29, eff. Jan. 1, 1992.|
TX Water Code § 29.044 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 29 - Oil and Gas Waste Haulers|Subchapter D. Offenses; Penalties|Section 29.044. Disposing of Oil and Gas Waste

Sec. 29.044.  DISPOSING OF OIL AND GAS WASTE.  (a)  No hauler may dispose of oil and gas waste on public roads or on the surface of public land or private property in this state in other than a railroad commission-approved disposal facility without written authority from the railroad commission.(b)  No hauler may dispose of oil and gas waste on property of another in other than a railroad commission-approved disposal facility without the written authority of the landowner.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, Sec. 30, eff. Jan. 1, 1992.|