reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 361.088 (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 361.088. Permit Issuance, Amendment, Extension and Renewal; Notice and Hearing

Sec. 361.088.  PERMIT ISSUANCE, AMENDMENT, EXTENSION AND RENEWAL;  NOTICE AND HEARING.  (a)  The commission may amend, extend, or renew a permit it issues in accordance with reasonable procedures prescribed by the commission.(b)  The procedures prescribed by Section 361.067 for a permit application apply to an application to amend, extend, or renew a permit.(c)  Except as provided by Subsection (e), before a permit is issued, amended, extended, or renewed, the commission shall provide an opportunity for a hearing to the applicant and persons affected.  The commission may also hold a hearing on its own motion.(d)  In addition to providing an opportunity for a hearing held under this section, the commission shall hold a public meeting and give notice as provided by Section 361.0791.(e)  After complying with Sections 5.552-5.555, Water Code, the commission, without providing an opportunity for a contested case hearing, may act on an application to renew a permit for:(1)  storage of hazardous waste in containers, tanks, or other closed vessels if the waste:(A)  was generated on-site;  and(B)  does not include waste generated from other waste transported to the site;  and(2)  processing of hazardous waste if:(A)  the waste was generated on-site;(B)  the waste does not include waste generated from other waste transported to the site;  and(C)  the processing does not include thermal processing.(f)  Notwithstanding Subsection (e), if the commission determines that an applicant's compliance history under the method for evaluating compliance history developed by the commission under Section 5.754, Water Code, raises an issue regarding the applicant's ability to comply with a material term of its permit, the commission shall provide an opportunity to request a contested case hearing.(g)  The commission shall review a permit issued under this chapter every five years to assess the permit holder's compliance history.(h)  Before a permit for a proposed municipal solid waste management facility is issued, amended, extended, or renewed, the commission shall inspect the facility or site used or proposed to be used to store, process, or dispose of municipal solid waste to confirm information included in the permit application.  The commission by rule shall prescribe the kinds of information in a permit application that require confirmation under this subsection.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 296, Sec. 1.14, eff. June 7, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.51, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1350, Sec. 4, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 965, Sec. 4.05, 16.11, eff. Sept. 1, 2001.Amended by: Acts 2019, 86th Leg., R.S., Ch. 369 (H.B. 1435), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 361.0885 (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 361.0885. Denial of Application; Involvement of Former Employee

Sec. 361.0885.  DENIAL OF APPLICATION;  INVOLVEMENT OF FORMER EMPLOYEE.  (a)  After providing an opportunity for a hearing to an applicant, the state agency shall deny an application for the issuance, amendment, renewal, or transfer of a permit within its jurisdiction and may not issue, amend, renew, or transfer the permit if the state agency determines that a former employee:(1)  participated personally and substantially as a former employee in the state agency's review, evaluation, or processing of that application before leaving employment with the state agency;  and(2)  after leaving employment with the state agency, provided assistance on the same application for the issuance, amendment, renewal, or transfer of a permit, including assistance with preparation or presentation of the application or legal representation of the applicant.(b)  Action taken under this section does not prejudice any application in which the former employee did not provide assistance.(c)  In this section, "former employee" means a person:(1)  who was previously employed by the state agency as a supervisory or exempt employee;  and(2)  whose duties during employment with that state agency included involvement in or supervision of that state agency's review, evaluation, or processing of applications.|Added by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 16, eff. Sept. 6, 1990.|
TX Health & Safety Code § 361.0895 (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 361.0895. Facilities Required to Obtain Federal Approval

Sec. 361.0895.  FACILITIES REQUIRED TO OBTAIN FEDERAL APPROVAL.  For a commercial hazardous waste disposal well facility originally permitted by the commission after June 7, 1991, and which is required to obtain from the United States Environmental Protection Agency a variance from the federal land disposal restrictions before injecting permitted hazardous wastes:(1)  a permit or other authorization issued to the facility under this chapter is not subject to cancellation, amendment, modification, revocation, or denial of renewal because the permit holder has not commenced construction or operation of the facility;  and(2)  the fixed term of each permit or other authorization issued to the facility under this chapter shall commence on the date physical construction of the authorized waste management facility begins.|Added by Acts 1997, 75th Leg., ch. 1211, Sec. 2, eff. Sept. 1, 1997.|
TX Health & Safety Code § 361.090 (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 361.090. Regulation and Permitting of Certain Industrial Solid Waste Disposal

Sec. 361.090.  REGULATION AND PERMITTING OF CERTAIN INDUSTRIAL SOLID WASTE DISPOSAL.  (a)  The commission may not require a permit under this chapter for the collection, handling, storage, processing, and disposal of industrial solid waste that is disposed of within the boundaries of a tract of land that is:(1)  owned or otherwise effectively controlled by the owners or operators of the particular industrial plant, manufacturing plant, mining operation, or agricultural operation from which the waste results or is produced;  and(2)  located within 50 miles from the plant or operation that is the source of the industrial solid waste.(b)  This section does not apply to:(1)  waste collected, handled, stored, processed, or disposed of with solid waste from any other source or sources;  or(2)  hazardous waste.(c)  This section does not change or limit any authority the commission may have concerning:(1)  the requirement of permits and the control of water quality, or otherwise, under Chapter 26, Water Code;  or(2)  the authority under Section 361.303.(d)  The commission may adopt rules under Section 361.024 to control the collection, handling, storage, processing, and disposal of the industrial solid waste to which this section applies to protect the property of others, public property and rights-of-way, groundwater, and other rights requiring protection.(e)  The commission may require a person who disposes or plans to dispose of industrial solid waste and claims to be exempt under this section to submit to the commission information that is reasonably required to enable the commission to determine if this section applies to the waste disposal activity.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.0901 (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 361.0901. Regulation and Permitting of Certain Commercial Industrial Solid Waste Facilities

Sec. 361.0901.  REGULATION AND PERMITTING OF CERTAIN COMMERCIAL INDUSTRIAL SOLID WASTE FACILITIES.  (a)  In this section:(1)  "Captured facility" has the meaning assigned by Section 361.131.(2)  "Commercial industrial solid waste facility" means any industrial solid waste facility that accepts industrial solid waste for a charge, but does not include a municipal solid waste facility, a captured facility, or a facility that accepts waste only from other facilities owned or effectively controlled by the same person.(3)  "Publicly owned treatment works" means any device or system used in the treatment, recycling, or reclamation of municipal sewage or industrial waste of a liquid nature that is owned by a state or by a municipality as defined by Section 502(4), Federal Water Pollution Control Act (33 U.S.C. Section 1362).  The term includes a sewer, pipe, or other conveyance only if the sewer, pipe, or conveyance conveys wastewater to a publicly owned treatment works providing treatment.(b)  A commercial industrial solid waste facility may not receive industrial solid waste for discharge into a publicly owned treatment works facility without first obtaining from the commission a permit under this chapter or a permit under Chapter 26, Water Code.(c)  This section does not require a commercial industrial solid waste facility to obtain a permit for discharge into a publicly owned treatment works facility liquid wastes that are incidental to the handling, processing, storage, or disposal of solid wastes at a municipal solid waste facility or commercial industrial solid waste landfill facility.|Added by Acts 2005, 79th Leg., Ch. 362 (S.B. 1281), Sec. 1, eff. September 1, 2005.|
TX Health & Safety Code § 361.092 (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 361.092. Registration for Extracting Materials From Certain Solid Waste Facilities

Sec. 361.092.  REGISTRATION FOR EXTRACTING MATERIALS FROM CERTAIN SOLID WASTE FACILITIES.  (a)  The commission may require a registration to extract materials for energy and material recovery and for gas recovery from closed or inactive portions of a solid waste facility that has been used for disposal of municipal or industrial solid waste.(b)  The commission shall adopt standards necessary to ensure that the integrity of a solid waste facility is maintained.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.54, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 987, Sec. 2, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.093 (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 361.093. Regulation and Permitting of Rendering Plants

Sec. 361.093.  REGULATION AND PERMITTING OF RENDERING PLANTS.  (a)  A manufacturing or processing establishment, commonly known as a rendering plant, that processes waste materials originating from animals and from materials of vegetable origin, including animal parts and scraps, offal, paunch manure, and waste cooking grease of animal and vegetable origin, is subject to regulation under the industrial solid waste provisions of this chapter and may be regulated under Chapter 26, Water Code.(b)  If a rendering plant is owned by a person who operates the plant as an integral part of an establishment that manufactures or processes for animal or human consumption food derived wholly or partly from dead, slaughtered, or processed animals, the combined business may operate under a single permit issued under Chapter 26, Water Code.(c)  This section does not apply to a rendering plant in operation and production on or before August 27, 1973.(d)  In this section, "animals" includes only animals, poultry, and fish.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|Sec. 361.094.  PERMIT HOLDER EXEMPT FROM LOCAL LICENSE REQUIREMENTS.  If a permit is issued, amended, renewed, or extended by the commission in accordance with this subchapter, the solid waste facility owner or operator does not need to obtain a license for the same facility from a political subdivision under Section 361.165 or from a county.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.54, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.095 (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 361.095. Applicant for Hazardous Waste Management Facility Permit Exempt From Local Permit

Sec. 361.095.  APPLICANT FOR HAZARDOUS WASTE MANAGEMENT FACILITY PERMIT EXEMPT FROM LOCAL PERMIT.  (a)  An applicant for a permit under this subchapter is not required to obtain a permit for the siting, construction, or operation of a hazardous waste management facility from a local government or other political subdivision of the state.(b)  A local government or other political subdivision of the state may not adopt a rule or ordinance that conflicts with or is inconsistent with the requirements for hazardous waste management facilities as specified by the rules of the commission or by a permit issued by the commission.(c)  In an action to enforce a rule or ordinance of a local government or other political subdivision, the burden is on the facility owner or operator or on the applicant to demonstrate conflict or inconsistency with state requirements.(d)  The validity or applicability of a rule or ordinance of a local government or other political subdivision may be determined in an action for declaratory judgment under Chapter 37, Civil Practice and Remedies Code, if it is alleged that the rule or ordinance, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff concerning an application for or the issuance of a permit for the siting, construction, or operation of a hazardous waste management facility.(e)  The local government or other political subdivision whose rule or ordinance is being questioned shall be made a party to the action.  The commission shall be given written notice by certified mail of the pendency of the action, and the commission may become a party to the action.(f)  A declaratory judgment may be rendered even if the plaintiff has requested the commission, the local government or political subdivision, or another court to determine the validity or applicability of the rule or ordinance in question.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.096 (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 361.096. Effect on Authority of Local Government or Other Political Subdivision

Sec. 361.096.  EFFECT ON AUTHORITY OF LOCAL GOVERNMENT OR OTHER POLITICAL SUBDIVISION.  (a)  Except as specifically provided by this chapter, this subchapter does not limit the powers and duties of a local government or other political subdivision of the state as conferred by this or other law.(b)  Sections 361.094 and 361.095 do not affect the power of a local government or other political subdivision to adopt or enforce building codes.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.0961 (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 361.0961. Restrictions on Authority of Local Government or Other Political Subdivision

Sec. 361.0961.  RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT OR OTHER POLITICAL SUBDIVISION.  (a)  A local government or other political subdivision may not adopt an ordinance, rule, or regulation to:(1)  prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law;(2)  prohibit or restrict the processing of solid waste by a solid waste facility, except for a solid waste facility owned by the local government, permitted by the commission for that purpose in a manner not authorized by state law;  or(3)  assess a fee or deposit on the sale or use of a container or package.(b)  This section does not prevent a local government or other political subdivision from complying with federal or state law or regulation.  A local government or other political subdivision may take any action otherwise prohibited by this section in order to comply with federal requirements or to avoid federal or state penalties or fines.(c)  This section does not limit the authority of a local government to enact zoning ordinances.|Added by Acts 1993, 73rd Leg., ch. 1045, Sec. 12, eff. Sept. 1, 1993.|
TX Health & Safety Code § 361.097 (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 361.097. Condition on Issuance of Permit for Hazardous Waste Management Facility

Sec. 361.097.  CONDITION ON ISSUANCE OF PERMIT FOR HAZARDOUS WASTE MANAGEMENT FACILITY.  The commission by rule shall condition the issuance of a permit for a new hazardous waste management facility or the areal expansion of an existing hazardous waste management facility on the selection of a facility site that reasonably minimizes possible contamination of surface water and groundwater.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.098 (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 361.098. Prohibition on Permit for Hazardous Waste Landfill in 100-Year Floodplain

Sec. 361.098.  PROHIBITION ON PERMIT FOR HAZARDOUS WASTE LANDFILL IN 100-YEAR FLOODPLAIN.  (a)  Except as provided by Subsections (b) and (c), the commission by rule shall prohibit the issuance of a permit for a new hazardous waste landfill or an areal expansion of such a landfill if the landfill is to be located in the 100-year floodplain existing before site development, unless the landfill is to be located in an area with a flood depth of less than three feet.(b)  The commission by rule may allow an areal expansion of a landfill in a 100-year floodplain if it can be demonstrated to the satisfaction of the commission that the facility design will prevent the physical transport of any hazardous waste by a 100-year flood event.(c)  The commission by rule shall prohibit the issuance of a permit for a new commercial hazardous waste land disposal unit if the unit is to be located in a 100-year floodplain, unless the applicant can demonstrate to the satisfaction of the commission that the facility design will prevent the physical transport of any hazardous waste by a 100-year flood event.(d)  The commission by rule shall require an applicant to provide sufficient information to assure that a proposed hazardous waste landfill, areal expansion of such landfill, or new commercial hazardous waste land disposal unit is not subject to inundation of a 100-year flood event.  An applicant or any other party may not rely solely on floodplain maps prepared by the Federal Emergency Management Agency or a successor agency to determine whether a hazardous waste landfill, areal expansion of such landfill, or commercial hazardous waste land disposal unit is subject to such an inundation.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 296, Sec. 1.15, eff. June 7, 1991.|
TX Health & Safety Code § 361.099 (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 361.099. Prohibition on Permit for Hazardous Waste Management Unit in Wetlands

Sec. 361.099.  PROHIBITION ON PERMIT FOR HAZARDOUS WASTE MANAGEMENT UNIT IN WETLANDS.  (a)  The commission by rule shall prohibit the issuance of a permit for a new hazardous waste management unit or an areal expansion of an existing hazardous waste management unit if the unit is to be located in wetlands, as defined by the commission.(b)  In this section and Section 361.100, "hazardous waste management unit" means a landfill, surface impoundment, land treatment facility, waste pile, or storage or processing facility used to manage hazardous waste.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.100 (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 361.100. Prohibition on Permit for Certain Hazardous Waste Management Units

Sec. 361.100.  PROHIBITION ON PERMIT FOR CERTAIN HAZARDOUS WASTE MANAGEMENT UNITS.  The commission by rule shall prohibit the issuance of a permit for a new hazardous waste management unit if the landfill:(1)  is in a floodplain of a perennial stream subject to not less than one percent chance of flooding in any year, delineated on a flood map adopted by the Federal Emergency Management Agency after September 1, 1985, as zone A1-99, V0, or V1-30;  and(2)  receives hazardous waste for a fee.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.101 (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 361.101. Prohibition on Permit for Facility on Recharge Zone of Sole Source Aquifer

Sec. 361.101.  PROHIBITION ON PERMIT FOR FACILITY ON RECHARGE ZONE OF SOLE SOURCE AQUIFER.  The commission by rule shall prohibit the issuance of a permit for a new hazardous waste landfill, land treatment facility, surface impoundment, or waste pile, or areal expansion of such a facility, if the facility is to be located on the recharge zone of a sole source aquifer.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|