reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 361.1011 (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 361.1011. Prohibition on Permit for Facility Affected by Fault

Sec. 361.1011.  PROHIBITION ON PERMIT FOR FACILITY AFFECTED BY FAULT.  If a fault exists within two and one-half miles from the proposed or existing wellbore of a Class I injection well or the area within the cone of influence, whichever is greater, or if a fault exists within 3,000 feet of a proposed hazardous waste management facility other than a Class I injection well or of a capacity expansion of an existing hazardous waste management facility, the burden is on the applicant, unless previously demonstrated to the commission or to the United States Environmental Protection Agency, to show:(1)  in the case of Class I injection wells, that the fault is not sufficiently transmissive or vertically extensive to allow migration of hazardous constituents out of the injection zone;  or(2)  in the case of a proposed hazardous waste management facility other than a Class I injection well or for a capacity expansion of an existing hazardous waste management facility, that:(A)  the fault has not had displacement within Holocene time, or if faults have had displacement within Holocene time, that no such faults pass within 200 feet of the portion of the surface facility where treatment, storage, or disposal of hazardous wastes will be conducted;  and(B)  the fault will not result in structural instability of the surface facility or provide for groundwater movement to the extent that there is endangerment to human health or the environment.|Added by Acts 1991, 72nd Leg., ch. 296, Sec. 1.16, eff. June 7, 1991.|
TX Health & Safety Code § 361.103 (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 361.103. Other Areas Unsuitable for Hazardous Waste Management Facility

Sec. 361.103.  OTHER AREAS UNSUITABLE FOR HAZARDOUS WASTE MANAGEMENT FACILITY.  The commission by rule shall define the characteristics that make other areas unsuitable for a hazardous waste management facility, including consideration of:(1)  flood hazards; (2)  discharge from or recharge to a groundwater aquifer; (3)  soil conditions; (4)  areas of direct drainage within one mile of a lake used to supply public drinking water; (5)  active geological processes; (6)  coastal high hazard areas, such as areas subject to hurricane storm surge and shoreline erosion;  or(7)  critical habitat of endangered species.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.104 (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 361.104. Prohibition on Permit for Facility in Unsuitable Area

Sec. 361.104.  PROHIBITION ON PERMIT FOR FACILITY IN UNSUITABLE AREA.  The commission by rule shall prohibit the issuance of a permit for a new hazardous waste management facility or an areal expansion of an existing hazardous waste management facility if the facility is to be located in an area determined to be unsuitable under rules adopted by the commission under Section 361.103 unless the design, construction, and operational features of the facility will prevent adverse effects from unsuitable site characteristics.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.105 (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 361.105. Petition by Local Government for Rule on Hazardous Waste Facility in Unsuitable Area

Sec. 361.105.  PETITION BY LOCAL GOVERNMENT FOR RULE ON HAZARDOUS WASTE FACILITY IN UNSUITABLE AREA.  (a)  The commission by rule shall allow a local government to petition the commission for a rule that restricts or prohibits the siting of a new hazardous waste disposal facility or other new hazardous waste management facility in an area including an area meeting one or more of the characteristics described by Section 361.103.(b)  A rule adopted under this section may not affect the siting of a new hazardous waste disposal facility or other new hazardous waste management facility if an application or a notice of intent to file an application concerning the facility is filed with the commission before the filing of a petition under this section.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.106 (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 361.106. Prohibition on Permit for Landfill if Alternative Exists

Sec. 361.106.  PROHIBITION ON PERMIT FOR LANDFILL IF ALTERNATIVE EXISTS.  The commission by rule shall prohibit the issuance of a permit for a new hazardous waste landfill or the areal expansion of an existing hazardous waste landfill if there is a practical, economic, and feasible alternative to the landfill that is reasonably available to manage the types and classes of hazardous waste that might be disposed of at the landfill.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.107 (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 361.107. Hydrogeologic Report for Certain Hazardous Waste Facilities

Sec. 361.107.  HYDROGEOLOGIC REPORT FOR CERTAIN HAZARDOUS WASTE FACILITIES.  The commission by rule shall require an applicant for a new hazardous waste landfill, land treatment facility, or surface impoundment that is to be located in the apparent recharge zone of a regional aquifer to prepare and file a hydrogeologic report documenting the potential effects, if any, on the regional aquifer in the event of a release from the waste containment system.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.108 (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 361.108. Engineering Report for Hazardous Waste Landfill

Sec. 361.108.  ENGINEERING REPORT FOR HAZARDOUS WASTE LANDFILL.  The commission by rule shall require an applicant for a new hazardous waste landfill filed after January 1, 1986, to provide an engineering report evaluating:(1)  the benefits, if any, associated with constructing the landfill above existing grade at the proposed site; (2)  the costs associated with the above grade construction;  and(3)  the potential adverse effects, if any, that would be associated with the above grade construction.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.111 (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 361.111. Commission Shall Exempt Certain Municipal Solid Waste Management Facilities

Sec. 361.111.  COMMISSION SHALL EXEMPT CERTAIN MUNICIPAL SOLID WASTE MANAGEMENT FACILITIES.  (a)  The commission shall exempt from permit requirements a municipal solid waste management facility that is used in the transfer of municipal solid waste to a solid waste processing or disposal facility from:(1)  a municipality with a population of less than 50,000;(2)  a county with a population of less than 85,000; Text of subd. (3) as added by Acts 1993, 73rd Leg., ch. 802, Sec. 5 (3)  a facility used in the transfer of municipal solid waste that will transfer 125 tons per day or less;  and Text of subd. (3) as added by Acts 1993, 73rd Leg., ch. 899, Sec. 2.08 and Acts 1993, 73rd Leg., ch. 1045, Sec. 10 (3)  a facility used in the transfer of municipal solid waste that transfers or will transfer 125 tons a day or less;  or Text of subd. (4) as added by Acts 1993, 73rd Leg., ch. 802, Sec. 5 and Acts 1993, 73rd Leg., ch. 1045, Sec. 10 (4)  a materials recovery facility that recycles for reuse more than 10 percent of its incoming nonsegregated waste stream if the remaining nonrecyclable waste is transferred to a permitted landfill not more than 50 miles from the materials recovery facility.  Text of subd. (4) as added by Acts 1993, 73rd Leg., ch. 899, Sec. 2.08 (4)  a materials recovery facility that recycles for reuse more than 10 percent of its incoming nonsegregated waste stream if the remaining nonrecyclable waste is transferred to a permitted Type I landfill not farther than 50 miles from the materials recovery facility.(b)  The facility must comply with design and operational requirements established by commission rule that are necessary to protect the public's health and the environment. Text of subsec. (c) as added by Acts 1993, 73rd Leg., ch. 802, Sec. 5 (c)  To qualify for this exemption, the applicant must hold a public meeting on the siting of the facility in the municipality or county where the facility is to be located. Text of subsec. (c) as added by Acts 1993, 73rd Leg., ch. 899, Sec. 2.08 and Acts 1993, 73rd Leg., ch. 1045, Sec. 10 (c)  To qualify for an exemption under this section, an applicant must hold a public meeting about the siting of the facility in the municipality or county in which the facility is or will be located.|Added by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 17, eff. Sept. 6, 1990.  Amended by Acts 1993, 73rd Leg., ch. 802, Sec. 5, eff. June 18, 1993;  Acts 1993, 73rd Leg., ch. 899, Sec. 2.08, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 1045, Sec. 10, eff. Sept. 1, 1993.|
TX Health & Safety Code § 361.1125 (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 361.1125. Immediate Remediation or Removal of Hazardous Substance at Scrap Tire Site

Sec. 361.1125.  IMMEDIATE REMEDIATION OR REMOVAL OF HAZARDOUS SUBSTANCE AT SCRAP TIRE SITE.  (a)  In this section:(1)  "Scrap tire" has the meaning assigned by Section 361.112.(2)  "Scrap tire site" includes any site at which more than 500 scrap tires are located.(b)  If the executive director after investigation finds that there exists a release or threat of release of a hazardous substance at a scrap tire site and immediate action is appropriate to protect human health and the environment, the commission may, with money available from money appropriated to the commission, undertake immediate remedial or removal action at the scrap tire site to achieve the necessary protection.(c)  The reasonable expenses of immediate remedial or removal action by the commission under this section are recoverable from the persons described in Section 361.271, and the state may bring an action to recover the commission's reasonable expenses.|Added by Acts 2001, 77th Leg., ch. 965, Sec. 9.01, eff. Sept. 1, 2001.|
TX Health & Safety Code § 361.113 (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 361.113. Permit Conditions for the Operation of Hazardous Waste Management Facilities

Sec. 361.113.  PERMIT CONDITIONS FOR THE OPERATION OF HAZARDOUS WASTE MANAGEMENT FACILITIES.  (a)  The commission by rule shall establish requirements for commercial hazardous waste management facilities that will provide the opportunity for periodic monitoring of the operation of those facilities in order to assure that the facilities are in compliance with the terms of their respective permits.(b)  In proposing and adopting rules to implement this section, the commission shall consider, at a minimum, a requirement that the facility owner or operator fund an independent inspector for the facility, a requirement for an independent annual environmental audit of the facility, a procedure for considering comments from affected parties on the selection of the independent inspector, a requirement that operational personnel at the permitted facility be certified by the state as competent to operate the size and type of hazardous waste management facility for which the permit has been issued, and a requirement that the facility provide for fence line and ambient air quality monitoring.(c)  A requirement that is established by commission rule to implement this section shall be incorporated as appropriate into the conditions of a permit for a new hazardous waste management facility when the permit is issued and shall be incorporated into the conditions of a permit for an existing hazardous waste management facility when the permit is renewed.|Added by Acts 1991, 72nd Leg., ch. 296, Sec. 1.19, eff. June 7, 1991.|
TX Health & Safety Code § 361.114 (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 361.114. Prohibition of Disposal of Hazardous Waste Into Certain Geological Formations

Sec. 361.114.  PROHIBITION OF DISPOSAL OF HAZARDOUS WASTE INTO CERTAIN GEOLOGICAL FORMATIONS.  The commission by rule shall prohibit the storage, processing, or disposal of hazardous waste in a solution-mined salt dome cavern or a sulphur mine.|Added by Acts 1991, 72nd Leg., ch. 296, Sec. 1.20, eff. June 7, 1991.  Amended by Acts 2001, 77th Leg., ch. 965, Sec. 9.02, eff. Sept. 1, 2001.|
TX Health & Safety Code § 361.115 (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 361.115. Certification of Landfill Capacity to Municipality; Restrictions on Contract

Sec. 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.(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.|Added by Acts 1993, 73rd Leg., ch. 400, Sec. 1, eff. Sept. 1, 1993.|
TX Health & Safety Code § 361.116 (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 361.116. Disposal of Incidental Injection Well Waste

Sec. 361.116.  DISPOSAL OF INCIDENTAL INJECTION WELL WASTE.  Notwithstanding Chapter 2001, Government Code, and any other provision of this chapter, the commission shall grant to the owner or operator of a commercial hazardous waste disposal well facility originally permitted after June 7, 1991, a permit modification that authorizes the construction and operation of an on-site or adjoining landfill for the disposal of hazardous and nonhazardous solid waste generated by the operation of the facility if the proposed landfill meets all applicable state and federal design requirements and the commission follows a public notice and comment procedure that is consistent with 40 C.F.R. Section 270.42.|Added by Acts 1997, 75th Leg., ch. 1211, Sec. 1, eff. Sept. 1, 1997.|
TX Health & Safety Code § 361.117 (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 361.117. Disposal of Carcasses of Animals Killed on Roadways

Sec. 361.117.  DISPOSAL OF CARCASSES OF ANIMALS KILLED ON ROADWAYS.  (a)  Notwithstanding any other provision of this chapter, counties and municipalities may dispose of the carcasses of animals killed on county or municipal roadways by burying the carcasses on property owned by the entity that is responsible for road maintenance.  No permit shall be required to dispose of animal carcasses on county or municipal property.  Disposal shall be conducted in a manner consistent with public health.(b)  Notwithstanding any other provision of this chapter, the Texas Department of Transportation may dispose of the carcasses of animals killed on the state highway system by burying the carcasses on state highway right-of-way.  No permit shall be required to dispose of animal carcasses on state highway right-of-way.  Disposal shall be conducted in a manner consistent with public health.|Added by Acts 1997, 75th Leg., ch. 276, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 361.116 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(67), eff. Sept. 1, 1999.|
TX Health & Safety Code § 361.118 (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 361.118. Remedial Action Regarding Industrial Solid Waste Disposed of in Municipal Solid Waste Landfill Facility

Sec. 361.118.  REMEDIAL ACTION REGARDING INDUSTRIAL SOLID WASTE DISPOSED OF IN MUNICIPAL SOLID WASTE LANDFILL FACILITY.  (a)  This section applies only to a municipal solid waste landfill facility:(1)  for which the commission has issued a permit;  and(2)  a portion of which:(A)  has been used for the disposal of more than 15,000 barrels of industrial solid waste;(B)  is closed;  and(C)  is the subject of a notice regarding the former use of the property recorded in the real property records of the county in which the facility is located.(b)  If the commission determines that there is a release or that a release is imminent into the environment of industrial solid waste disposed of in the portion of the facility that has been closed, the commission shall require the owner of the facility to remediate as necessary and to the extent practicable to prevent or minimize the release of the waste so that the waste does not migrate or have the potential to migrate.(c)  If the commission requires the owner of the facility to remediate under Subsection (b), the owner shall develop a remedial action plan and must obtain a major amendment to the permit for the facility approving the plan.(d)  This section does not limit the applicability of Section 26.121, Water Code.|Added by Acts 1999, 76th Leg., ch. 570, Sec. 2, eff. Sept. 1, 1999.|
TX Health & Safety Code § 361.1191 (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 361.1191. Regulation of Certain Recycling Facilities in Certain Counties

Sec. 361.1191.  REGULATION OF CERTAIN RECYCLING FACILITIES IN CERTAIN COUNTIES.  (a)  This section applies only to a municipal solid waste recycling facility that does not hold a permit or registration issued by the commission that stores combustible materials to produce mulch or compost and is located in a county that:(1)  has a population of more than 1.3 million; and(2)  includes areas designated as a recharge or transition zone of an aquifer as defined under the commission's Edwards Aquifer Protection Program that is the sole or principal source of drinking water for an area designated under Section 1424(e), Safe Drinking Water Act of 1974 (42 U.S.C. Section 300h-3(e)) and by the Environmental Protection Agency as the Edwards Underground Reservoir under 40 Federal Register 58344.(b)  The commission by rule shall:(1)  prescribe time limits for processing and removing materials from a facility;(2)  limit the amount of combustible material that may be stored at a recycling facility;(3)  limit the size of a pile of combustible recyclable or recycled materials, including composting materials or mulch, at a recycling facility;(4)  impose different standards for a recycling facility appropriate to the size and number of piles of combustible materials to be stored or processed at the facility;(5)  require a recycling facility to establish fire lanes between piles of combustible materials;(6)  require buffer zones between a recycling facility and a residence, school, or church; and(7)  for a recycling facility that is located on a recharge or transition zone referenced in Subsection 361.1191(a)(2):(A)  impose more stringent standards; and(B)  require groundwater protection features, such as liners and monitor wells.(c)  A rule adopted by the commission under this section does not become effective until the first anniversary of the date on which the rule was adopted.|Added by Acts 2007, 80th Leg., R.S., Ch. 1362 (H.B. 2541), Sec. 2, eff. September 1, 2007.|