reglab/housing_qa huggingface dataset:
TX Water Code § 26.2171 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter F. Criminal Prosecution|Section 26.2171. Venue

Sec. 26.2171.  VENUE.  An offense under this subchapter may be prosecuted in a county in which an element of the offense was committed or a county to which or through which the discharge, waste, or pollutant was transported.|Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.26(b), eff. Sept. 1, 1991.|
TX Water Code § 26.261 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter G. Oil and Hazardous Substance Spill Prevention and Control|Section 26.261. Short Title

Sec. 26.261.  SHORT TITLE.  This subchapter may be cited as the Texas Hazardous Substances Spill Prevention and Control Act.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1983, 68th Leg., p. 4204, ch. 669, Sec. 1, eff. Sept. 1, 1983.|
TX Water Code § 26.262 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter G. Oil and Hazardous Substance Spill Prevention and Control|Section 26.262. Policy and Construction

Sec. 26.262.  POLICY AND CONSTRUCTION.  It is the policy of this state to prevent the spill or discharge of hazardous substances into the waters in the state and to cause the removal of such spills and discharges without undue delay. This subchapter shall be construed to conform with Chapter 40, Natural Resources Code.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1983, 68th Leg., p. 4204, ch. 669, Sec. 1, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 930, Sec. 1, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., ch. 10, Sec. 6, eff. March 28, 1991.|
TX Water Code § 26.263 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter G. Oil and Hazardous Substance Spill Prevention and Control|Section 26.263. Definitions

Sec. 26.263.  DEFINITIONS.  As used in this subchapter:(1)  "Discharge or spill" means an act or omission by which hazardous substances in harmful quantities are spilled, leaked, pumped, poured, emitted, entered, or dumped onto or into waters in this state or by which those substances are deposited where, unless controlled or removed, they may drain, seep, run, or otherwise enter water in this state.  The term "discharge" or "spill" under this subchapter shall not include any discharge to which Subchapter C, D, E, F, or G, Chapter 40, Natural Resources Code, applies or any discharge which is authorized by a permit issued pursuant to federal law or any other law of this state or, with the exception of spills in coastal waters, regulated by the Railroad Commission of Texas.(2)  "Account" means the Texas spill response account.(3)  "Harmful quantity" means that quantity of hazardous substance the discharge or spill of which is determined to be harmful to the environment or public health or welfare or may reasonably be anticipated to present an imminent and substantial danger to the public health or welfare by the administrator of the Environmental Protection Agency pursuant to federal law and by the executive director.(4)  "Hazardous substance" means any substance designated as such by the administrator of the Environmental Protection Agency pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. Sec. 9601 et seq.), regulated pursuant to Section 311 of the federal Clean Water Act (33 U.S.C. Sec. 1321 et seq.), or designated by the commission.(5)  "Person" includes an individual, firm, corporation, association, and partnership.(6)  "Person responsible" or "responsible person" means:(A)  the owner, operator, or demise charterer of a vessel from which a spill emanates;(B)  the owner or operator of a facility from which a spill emanates;(C)  any other person who causes, suffers, allows, or permits a spill or discharge.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1983, 68th Leg., p. 4204, ch. 669, Sec. 1, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 930, Sec. 2, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 99, Sec. 1, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 10, Sec. 7, eff. March 28, 1991;  Acts 1997, 75th Leg., ch. 333, Sec. 12, eff. Sept. 1, 1997.|
TX Water Code § 26.266 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter G. Oil and Hazardous Substance Spill Prevention and Control|Section 26.266. Removal of Spill or Discharge

Sec. 26.266.  REMOVAL OF SPILL OR DISCHARGE.  (a)  Any owner, operator, demise charterer, or person in charge of a vessel or of any on-shore facility or off-shore facility shall immediately undertake all reasonable actions to abate and remove the discharge or spill subject to applicable federal and state requirements, and subject to the control of the federal on-scene coordinator.(b)  In the event that the responsible person is unwilling or in the opinion of the executive director is unable to remove the discharge or spill, or the removal operation of the responsible person is inadequate, the commission may undertake the removal of the discharge or spill and may retain agents for these purposes who shall operate under the direction of the executive director.(c)  Any discharge or spill of a hazardous substance, the source of which is unknown, occurring in or having a potentially harmful effect on waters in this state or in waters beyond the jurisdiction of this state and which may reasonably be expected to enter waters in this state may be removed by or under the direction of the executive director.  Any expense involved in the removal of an unexplained discharge pursuant to this subsection shall be paid, on the commission's approval, from the account, subject to the authority of the commission to seek reimbursement from an agency of the federal government, and from the responsible person if the identity of that person is discovered.(d)  Deleted by Acts 1989, 71st Leg., ch. 99, Sec. 4, eff. Sept. 1, 1989.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1983, 68th Leg., p. 4209, ch. 669, Sec. 3, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 795, Sec. 1.109, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 930, Sec. 5, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 99, Sec. 4, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 333, Sec. 15, eff. Sept. 1, 1997.|
TX Water Code § 26.267 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter G. Oil and Hazardous Substance Spill Prevention and Control|Section 26.267. Exemptions

Sec. 26.267.  EXEMPTIONS.  (a)  No person shall be held liable under this subchapter for any spill or discharge resulting from an act of God, act of war, third party negligence, or an act of government.(b)  Nothing in this subchapter shall in any way affect or limit the liability of any person to any other person or to the United States, or to this state.(c)  Notwithstanding any other provision of this subchapter, the state or the commission shall utilize any and all procedures relating to releases or threatened releases of solid wastes contained in Chapter 361, Health and Safety Code prior to utilizing the provisions of this subchapter with respect to such releases or threatened releases.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 930, Sec. 6, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 977, Sec. 29, eff. June 19, 1987;  Acts 1991, 72nd Leg., ch. 14, Sec. 284(75), eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 16, Sec. 18.01, eff. Aug. 26, 1991.|
TX Water Code § 26.301 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter H. Poultry Operations|Section 26.301. Definitions

Sec. 26.301.  DEFINITIONS.  In this subchapter:(1)  "Poultry" means chickens or ducks being raised or kept on any premises in the state for profit.(2)  "Poultry carcass" means the carcass, or part of a carcass, of poultry that died as a result of a cause other than intentional slaughter for use for human consumption.(3)  "Poultry facility" means a facility that:(A)  is used to raise, grow, feed, or otherwise produce poultry for commercial purposes;  or(B)  is a commercial poultry hatchery that is used to produce chicks or ducklings.(4)  "Poultry litter" includes poultry excrement, bedding, and feed waste.(5)  "Liquid waste handling system" has the meaning assigned by Section 26.0286.|Added by Acts 1997, 75th Leg., ch. 1074, Sec. 1, eff. March 1, 1998.Amended by: Acts 2005, 79th Leg., Ch. 418 (S.B. 1707), Sec. 3, eff. September 1, 2005.|
TX Water Code § 26.302 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter H. Poultry Operations|Section 26.302. Regulation of Poultry Facilities

Sec. 26.302.  REGULATION OF POULTRY FACILITIES.  (a)  A person who owns or operates a poultry facility shall ensure that the facility has adequate means or is adequately equipped to handle and dispose of poultry carcasses, poultry litter, and other poultry waste regardless of whether the person owns the poultry.(b)  A person who owns or operates a poultry facility shall implement and maintain a water quality management plan for the facility that is certified by the State Soil and Water Conservation Board under Section 201.026, Agriculture Code.(b-1)  The State Soil and Water Conservation Board may certify a water quality management plan for a poultry facility that:(1)  does not use a liquid waste handling system; and(2)  is required to obtain a permit or other authorization from the commission.(b-2)  The State Soil and Water Conservation Board in consultation with the Texas Commission on Environmental Quality by rule shall establish criteria to determine the geographic, seasonal, and agronomic factors that the board will consider to determine whether a persistent nuisance odor condition is likely to occur when assessing the siting and construction of new poultry facilities.(b-3)  The State Soil and Water Conservation Board may not certify a water quality management plan for a poultry facility located less than one-half of one mile from a business, off-site permanently inhabited residence, or place of worship if the presence of the facility is likely to create a persistent odor nuisance for such neighbors, unless the poultry facility provides an odor control plan the executive director determines is sufficient to control odors.  This subsection does not apply to:(1)  a revision of a previously certified and existing water quality management plan unless the revision is necessary because of an increase in poultry production of greater than 50 percent than the amount included in the existing certified water quality management plan for the facility; or(2)  any poultry facility located more than one-half of one mile from a surrounding business, permanently inhabited off-site residence, or place of worship established before the date of construction of the poultry facility.(c)  The commission may bring a cause of action to remedy or prevent a violation of this section.(d)  This section does not affect the authority of the commission to investigate or take enforcement action against an unauthorized discharge under Section 26.121.|Added by Acts 1997, 75th Leg., ch. 1074, Sec. 1, eff. March 1, 1998.  Amended by Acts 2001, 77th Leg., ch. 277, Sec. 1, eff. Jan. 1, 2002.Amended by: Acts 2005, 79th Leg., Ch. 418 (S.B. 1707), Sec. 4, eff. September 1, 2005.Acts 2009, 81st Leg., R.S., Ch. 1386 (S.B. 1693), Sec. 2, eff. September 1, 2009.|
TX Water Code § 26.303 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter H. Poultry Operations|Section 26.303. Handling and Disposal of Poultry Carcasses

Sec. 26.303.  HANDLING AND DISPOSAL OF POULTRY CARCASSES.  (a)  Except as provided by Subsection (a-1), the commission by rule shall adopt requirements for the safe and adequate handling, storage, transportation, and disposal of poultry carcasses.  The rules must:(1)  specify the acceptable methods for disposal of poultry carcasses, including:(A)  placement in a landfill permitted by the commission to receive municipal solid waste;(B)  composting;(C)  cremation or incineration;(D)  extrusion;(E)  on-farm freezing;(F)  rendering; and(G)   any other method the commission determines to be appropriate;(2)  require poultry carcasses stored on the site of a poultry facility to be stored in a varmint-proof receptacle to prevent odor, leakage, or spillage;(3)  prohibit the storage of poultry carcasses on the site of a poultry facility for more than 72 hours unless the carcasses are refrigerated or frozen; and(4)  authorize the on-site burial of poultry carcasses only in the event of a major die-off that exceeds the capacity of a poultry facility to handle and dispose of poultry carcasses by the normal means used by the facility.(a-1)  A rule adopted under Subsection (a) may not apply to the disposal of carcasses of poultry that died as a result of a disease, which is governed by Section 161.004, Agriculture Code.(b)  A person must obtain any permit required by other law before disposing of poultry carcasses as provided by Subsection (a)(1).|Added by Acts 1997, 75th Leg., ch. 1074, Sec. 1, eff. March 1, 1998.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1198 (H.B. 1457), Sec. 1, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1242 (H.B. 2543), Sec. 17, eff. September 1, 2007.|
TX Water Code § 26.304 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter H. Poultry Operations|Section 26.304. Records of Sale, Purchase, Transfer, or Application of Poultry Litter

Sec. 26.304.  RECORDS OF SALE, PURCHASE, TRANSFER, OR APPLICATION OF POULTRY LITTER.  (a)  A poultry facility that sells or transfers poultry litter for off-site application must maintain until the second anniversary of the date of sale or transfer a record regarding:(1)  the identity of the purchaser or applicator;(2)  the physical destination of the poultry litter identified by the purchaser or transferee;(3)  the date the poultry litter was removed from the poultry facility; and(4)  the number of tons of poultry litter removed.(b)  A person that purchases or obtains poultry litter for land application must maintain until the second anniversary of the date of application a signed and dated proof of delivery document for every load of poultry litter applied to land.  The landowner or the owner's tenant or agent shall note on the document the date or dates on which the poultry litter was applied to land.(c)  Subsection (b) does not apply to poultry litter that is:(1)  taken to a composting facility;(2)  used as a bio-fuel;(3)  used in a bio-gasification process; or(4)  otherwise beneficially used without being applied to land.|Added by Acts 2009, 81st Leg., R.S., Ch. 1386 (S.B. 1693), Sec. 3, eff. September 1, 2009.|
TX Water Code § 26.305 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter H. Poultry Operations|Section 26.305. Inspection of Records

Sec. 26.305.  INSPECTION OF RECORDS.  The commission may inspect any record required to be maintained under this subchapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 1386 (S.B. 1693), Sec. 3, eff. September 1, 2009.|
TX Water Code § 26.341 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter I. Underground and Aboveground Storage Tanks|Section 26.341. Purpose

Sec. 26.341.  PURPOSE.  (a)  The legislature finds that leaking underground tanks storing certain hazardous, toxic, or otherwise harmful substances have caused and continue to pose serious groundwater contamination problems in Texas.(b)  The legislature declares that it is the policy of this state and the purpose of this subchapter to:(1)  maintain and protect the quality of groundwater and surface water resources in the state from certain substances in underground and aboveground storage tanks that may pollute groundwater and surface water resources;(2)  require the use of all reasonable methods, including risk-based corrective action, to implement this policy; and(3)  promote the safety of storage vessels as defined in Section 26.3442, by adopting requirements for the design, construction, operation, and maintenance of storage vessels, with the objective of protecting groundwater and surface water resources in the event of accidents and natural disasters.|Added by Acts 1987, 70th Leg., ch. 277, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 228, Sec. 1, eff. May 31, 1989;  Acts 1995, 74th Leg., ch. 315, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2021, 87th Leg., R.S., Ch. 428 (S.B. 900), Sec. 1, eff. September 1, 2021.|
TX Water Code § 26.343 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter I. Underground and Aboveground Storage Tanks|Section 26.343. Regulated Substances

Sec. 26.343.  REGULATED SUBSTANCES.  (a)  Regulated substances under this subchapter include:(1)  a substance defined in Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.), but does not include a substance regulated as a hazardous waste under the federal Solid Waste Disposal Act (42 U.S.C. Section 6921 et seq.);(2)  petroleum, including crude oil or a fraction of it, that is liquid at standard conditions of temperature and pressure;  and(3)  any other substance designated by the commission.(b)  Standard conditions of temperature and pressure under Subdivision (2) of Subsection (a) of this section are 60 degrees Fahrenheit and 14.7 pounds per square inch absolute.|Added by Acts 1987, 70th Leg., ch. 277, Sec. 1, eff. Sept. 1, 1987.|
TX Water Code § 26.3441 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter I. Underground and Aboveground Storage Tanks|Section 26.3441. Aboveground Storage Tanks

Sec. 26.3441.  ABOVEGROUND STORAGE TANKS.  (a)  An aboveground storage tank that is not exempt from regulation under Section 26.344 of this code is subject to the registration requirements of Section 26.346 of this code and to regulation by the commission only to the extent prescribed by this subchapter.(b)  The commission may not develop a regulatory program for aboveground storage tanks that is more extensive than the regulatory program authorized by this subchapter unless additional regulation of aboveground storage tanks is necessary to comply or be in conformity with requirements adopted by the United States Environmental Protection Agency or with federal law.|Added by Acts 1989, 71st Leg., ch. 228, Sec. 2, eff. May 31, 1989.|
TX Water Code § 26.3443 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter I. Underground and Aboveground Storage Tanks|Section 26.3443. Certain Commission Exemptions and Rules; Amendments and Alternative Standards

Sec. 26.3443.  CERTAIN COMMISSION EXEMPTIONS AND RULES; AMENDMENTS AND ALTERNATIVE STANDARDS.  (a)  The commission, in implementing the Performance Standards for Safety at Storage Vessels Program under Section 26.3442, may approve exemption of specific storage vessels otherwise subject to Section 26.3442 from regulation under the program if the legal owner or operator submits a request to the commission demonstrating that the vessel presents a sufficiently low risk of floods, storm surges, hurricanes, accidents, fires, explosions, or other hazards such that it does not warrant regulation under the program.(b)  The commission shall establish through rulemaking the effective date of a federal law or regulation that the commission is implementing under Section 26.3442(d), or a national consensus standard that the commission is implementing under Section 26.3442(e).  The commission shall amend through rulemaking changes if a federal law or regulation or national consensus standard is amended in a way that materially conflicts with the commission's current implementation of the Performance Standards for Safety at Storage Vessels Program except to the extent that the commission determines, after a cost-benefit analysis and if not prohibited under federal law, that the program as currently implemented by the commission is sufficiently effective for protection of the health, safety, and welfare of the citizens of this state.(c)  Notwithstanding the requirement of Section 26.3442(e) that the commission include only critical safety elements from specified national consensus standards, the commission may initiate a rulemaking proceeding to determine whether, for certain vessels in certain situations, an alternative national consensus standard would be at least as effective for public health and safety but more cost effective for the persons affected to implement.  The commission may by rule apply the alternative national consensus standard in circumstances under which it has determined the alternative standard is as effective for public health and safety but more cost effective.|Added by Acts 2021, 87th Leg., R.S., Ch. 428 (S.B. 900), Sec. 2, eff. September 1, 2021.|
TX Water Code § 26.3444 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle D - Water Quality Control|Chapter 26 - Water Quality Control|Subchapter I. Underground and Aboveground Storage Tanks|Section 26.3444. Certification Fee

Sec. 26.3444.  CERTIFICATION FEE.  (a)  The commission by rule shall establish fees in amounts sufficient to recover the reasonable costs to:(1)  implement a registration program for affected facilities; (2)  review initial and ten-year certifications;(3)  amend certifications;(4)  inspect certified facilities; and(5)  enforce compliance with applicable standards of Section 26.3442 and rules and orders adopted under those subsections.(b)  The certification fee under Subsection (a) shall be deposited to the credit of an account to be named the Performance Standards for Safety at Storage Vessels Program Account.(c)  The commission may use the money in the Performance Standards for Safety at Storage Vessels Program Account to pay: (1)  necessary expenses associated with the administration of the Performance Standards for Safety at Storage Vessels Program; and(2)  expenses associated with the review and amendment of certifications, inspection of certified facilities, and enforcement of the applicable standards of Section 26.3442 and the rules and orders adopted by the Performance Standards for Safety at Storage Vessels Program.|Added by Acts 2021, 87th Leg., R.S., Ch. 428 (S.B. 900), Sec. 2, eff. September 1, 2021.|