reglab/housing_qa huggingface dataset:
TX Water Code § 26.345 (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 26.345. Administrative Provisions

Sec. 26.345.  ADMINISTRATIVE PROVISIONS.  (a)  The commission shall administer this subchapter and may develop a regulatory program regarding underground and aboveground storage tanks in accordance with this subchapter.(b)  In implementing this subchapter, the commission shall cooperate with:(1)  cities and towns;(2)  agencies, departments, and other political subdivisions of the state;  and(3)  the United States and its agencies.(c)  The commission may adopt rules necessary to carry out the purposes of this subchapter.(d)  The commission may authorize the executive director to enter into contracts with a public agency, private person, or other entity for the purpose of implementing this subchapter.(e)  The commission may enter into contracts and cooperative agreements with the federal government to carry out remedial action for releases from underground and aboveground storage tanks as authorized by the federal Solid Waste Disposal Act (42 U.S.C. Section 6901 et seq.).|Added by Acts 1987, 70th Leg., ch. 277, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 228, Sec. 3, eff. May 31, 1989.|
TX Water Code § 26.3465 (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 26.3465. Failure or Refusal to Provide Proof of Registration or Certification of Compliance

Sec. 26.3465.  FAILURE OR REFUSAL TO PROVIDE PROOF OF REGISTRATION OR CERTIFICATION OF COMPLIANCE.  An owner or operator of an underground storage tank who fails or refuses to provide, on request of the commission, proof of registration of or certification of compliance for an underground storage tank is liable for a civil penalty under Subchapter D, Chapter 7. |Added by Acts 1999, 76th Leg., ch. 1441, Sec. 3, eff. Sept. 1, 1999.|
TX Water Code § 26.3467 (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 26.3467. Duty to Ensure Certification of Tank Before Delivery

Sec. 26.3467.  DUTY TO ENSURE CERTIFICATION OF TANK BEFORE DELIVERY.  (a)  The owner or operator of an underground storage tank into which a regulated substance is to be deposited shall provide the common carrier a copy of the certificate of compliance for the specific underground storage tank into which the regulated substance is to be deposited before accepting delivery of the regulated substance into the underground storage tank.  The owner or operator of an underground storage tank may comply with this subsection by obtaining a current copy of the certificate from the commission's Internet website.(b)  An owner or operator of an underground storage tank who violates Subsection (a) commits an offense that is punishable as provided by Section 7.156 for an offense under that section.(c)  A person who sells a regulated substance to a common carrier who delivers the regulated substance to the owner or operator of an underground storage tank into which the regulated substance is deposited, and who does not deliver the regulated substance into the underground storage tank, is not liable under this chapter with respect to that tank.(d)  A person may not deliver any regulated substance into an underground storage tank regulated under this chapter unless the underground storage tank has been issued a valid, current underground storage tank registration and certificate of compliance under Section 26.346.  The commission may impose an administrative penalty against a person who violates this subsection.  The commission shall adopt rules as necessary to enforce this subsection.(e)  It is an affirmative defense to the imposition of an administrative penalty for a violation of Subsection (d) that the person delivering a regulated substance into an underground storage tank relied on:(1)  a valid paper delivery certificate presented by the owner or operator of the underground storage tank or displayed at the facility associated with the underground storage tank;(2)  a temporary delivery authorization presented by the owner or operator of the underground storage tank or displayed at the facility associated with the underground storage tank; or(3)  registration and self-certification information for the underground storage tank obtained from the commission's Internet website not more than 30 days before the date of delivery.|Added by Acts 1999, 76th Leg., ch. 1441, Sec. 3, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1283, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 722 (S.B. 485), Sec. 3, eff. September 1, 2005.Acts 2005, 79th Leg., Ch. 1256 (H.B. 1987), Sec. 3, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 4.16, eff. September 1, 2011.|
TX Water Code § 26.347 (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 26.347. Tank Standards

Sec. 26.347.  TANK STANDARDS.  (a)  The commission shall adopt performance standards for existing underground storage tanks and underground storage tanks brought into use on or after the effective date of the standards.(b)  The performance standards for underground storage tanks must include design, construction, installation, release detection, and compatibility standards.|Added by Acts 1987, 70th Leg., ch. 277, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 228, Sec. 5, eff. May 31, 1989.|
TX Water Code § 26.3475 (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 26.3475. Release Detection Requirements; Spill and Overfill Prevention; Corrosion Protection; Notice of Violation; Shutdown

Sec. 26.3475.  RELEASE DETECTION REQUIREMENTS;  SPILL AND OVERFILL PREVENTION;  CORROSION PROTECTION;  NOTICE OF VIOLATION;  SHUTDOWN.  (a)  All piping in an underground storage tank system that routinely conveys regulated substances under pressure must comply with commission requirements for pressurized piping release detection equipment.(b)  All piping in an underground storage tank system that routinely conveys regulated substances under suction must comply with commission requirements for suction-type piping release detection equipment.(c)  A tank in an underground storage tank system must comply with commission requirements for:(1)  tank release detection equipment;  and(2)  spill and overfill equipment.(d)  An underground storage tank system must comply with commission requirements for applicable tank integrity assessment and corrosion protection not later than December 22, 1998.(e)  The commission may issue a notice of violation to the owner or operator of an underground storage tank system that does not comply with this section, informing the owner or operator of the nature of the violation and that the commission may order the noncomplying underground storage tank system placed out of service if the owner or operator does not correct the violation within 30 days after the date the notice is received.  If the owner or operator does not correct the violation within the prescribed time, the commission may order the noncomplying underground storage tank system out of service.|Added by Acts 1995, 74th Leg., ch. 315, Sec. 4, eff. Sept. 1, 1995.|
TX Water Code § 26.3476 (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 26.3476. Secondary Containment Required for Tanks Located Over Certain Aquifers

Sec. 26.3476.  SECONDARY CONTAINMENT REQUIRED FOR TANKS LOCATED OVER CERTAIN AQUIFERS.  (a)  In this section, "secondary containment" means a method by which a secondary wall or barrier is installed around an underground storage tank system in a manner designed to prevent a release of a regulated substance from migrating beyond the secondary wall or barrier before the release can be detected.  A secondary containment system may include an impervious liner or vault surrounding a primary tank or piping system or a double-wall tank or piping system.(b)  An underground storage tank system, at a minimum, shall incorporate a method for secondary containment if the system is located in:(1)  the outcrop of a major aquifer composed of limestone and associated carbonate rocks of Cretaceous age or older;  and(2)  a county that:(A)  has a population of at least one million and relies on groundwater for at least 75 percent of the county's water supply;  or(B)  has a population of at least 75,000 and is adjacent to a county described by Paragraph (A).(c)  Section 26.3475(e) applies to an underground storage tank system that is subject to this section as if a violation of this section were a violation of Section 26.3475.(d)  Notwithstanding Section 26.359(b), a political subdivision under this section may adopt standards for the containment of underground storage tank systems.|Added by Acts 2001, 77th Leg., ch. 965, Sec. 13.01, eff. Sept. 1, 2001.|
TX Water Code § 26.348 (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 26.348. Leak Detection and Record Maintenance

Sec. 26.348.  LEAK DETECTION AND RECORD MAINTENANCE.  The commission shall adopt standards of performance for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment.  In addition, the commission shall adopt requirements for maintaining records of any leak detection monitoring that includes inventory control or tank testing system or comparable system.|Added by Acts 1987, 70th Leg., ch. 277, Sec. 1, eff. Sept. 1, 1987.|
TX Water Code § 26.349 (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 26.349. Reporting of Releases and Corrective Action

Sec. 26.349.  REPORTING OF RELEASES AND CORRECTIVE ACTION.  (a)  The commission shall adopt requirements for the reporting of any releases and corrective action taken in response to a release from an underground or aboveground storage tank.(b)  Repealed by Acts 1997, 75th Leg., ch. 1082, Sec. 12, eff. Sept. 1, 1997.|Added by Acts 1987, 70th Leg., ch. 277, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 228, Sec. 6, eff. May 31, 1989.|
TX Water Code § 26.350 (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 26.350. Tank Closure Requirements

Sec. 26.350.  TANK CLOSURE REQUIREMENTS.  The commission shall adopt requirements for the closure of tanks, including the removal, disposal, or removal and disposal of tanks to prevent future releases of regulated substances into the environment.|Added by Acts 1987, 70th Leg., ch. 277, Sec. 1, eff. Sept. 1, 1987.|
TX Water Code § 26.3511 (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 26.3511. Corrective Action by the Commission

Sec. 26.3511.  CORRECTIVE ACTION BY THE COMMISSION.  (a)  Notwithstanding Section 26.351(c) of this code, to the extent that the commission pays from the petroleum storage tank remediation account or from sources other than the waste management account the expenses of the investigations, cleanups, and corrective action measures it performs, the commission may undertake those corrective action measures described in Section 26.351 of this code in response to a release or a threatened release from an underground or aboveground storage tank under any circumstances in which the commission considers it necessary to protect the public health and safety or the environment.(b)  The state, the commission, and their agents or employees are not liable for damages arising out of the loss of access to or the use of real property or losses to a business located on the real property if those damages arise out of a delay in procuring services for corrective action, initiating corrective action, or completing corrective action on the property.  This subsection applies only to cases in which the commission undertakes corrective action.|Added by Acts 1989, 71st Leg., ch. 228, Sec. 8, eff. May 31, 1989.  Amended by Acts 1997, 75th Leg., ch. 333, Sec. 18, eff. Sept. 1, 1997.|
TX Water Code § 26.3515 (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 26.3515. Limits on Liability of Corporate Fiduciary

Sec. 26.3515.  LIMITS ON LIABILITY OF CORPORATE FIDUCIARY.  (a)  A corporate fiduciary or its agent is not liable in an individual capacity as an owner or operator of an underground or aboveground storage tank under this subchapter solely because:(1)  the corporate fiduciary or its agent has legal title to real or personal property for purposes of administering a trust or estate of which the property is a part;  or(2)  the corporate fiduciary or its agent does not have legal title to the real or personal property but operates or manages the property under the terms of an estate or trust of which the property is a part.(b)  Subsection (a) of this section does not relieve a trust, estate, or beneficiary of any liability the trust, estate, or beneficiary may have as an owner or operator under this subchapter.|Added by Acts 1991, 72nd Leg., ch. 905, Sec. 3, eff. June 16, 1991.|
TX Water Code § 26.3516 (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 26.3516. Limits on Liability of Taxing Unit

Sec. 26.3516.  LIMITS ON LIABILITY OF TAXING UNIT.  (a)  This section applies to a taxing unit that has foreclosed an ad valorem tax lien on real property on which an underground or aboveground storage tank is located, or on any other personal property attached to or located on property on which an underground or aboveground storage tank is located, as security for payment of ad valorem taxes.(b)  A taxing unit is not liable as an owner or operator under this subchapter solely because the taxing unit holds indicia of ownership because of a tax foreclosure sale under the Tax Code.(c)  If a taxing unit removes a tank from service or takes corrective action at any time after foreclosure, the taxing unit shall perform corrective action in accordance with requirements adopted by the commission under this subchapter.(d)  A taxing unit is not liable as an owner or operator under this subchapter solely because the taxing unit sells, releases, liquidates, or winds up operations and takes measures to preserve, protect, or prepare the secured aboveground or underground storage tank before sale or other disposition of the storage tank or the property if the taxing unit:(1)  did not participate in the management of an aboveground or underground storage tank or real or personal property described by Subsection (a) before foreclosure or an equivalent action on the storage tank or the property;  and(2)  establishes, as provided by Subsection (e), that the ownership indicia maintained after foreclosure continue to be held primarily to protect a payment of ad valorem taxes.(e)  A taxing unit may establish that the ownership indicia maintained after foreclosure continue to be held primarily to protect payment of ad valorem taxes if the taxing unit:(1)  lists the aboveground or underground storage tank, or the facility or property on which the tank is located, with a broker, dealer, or agent who deals in that type of property;  or(2)  advertises the aboveground or underground storage tank for sale or other disposition in:(A)  a real estate publication;(B)  a trade or other publication appropriate for the aboveground or underground storage tank being advertised;  or(C)  a newspaper of general circulation in the area in which the aboveground or underground storage tank is located.|Added by Acts 1999, 76th Leg., ch. 895, Sec. 1, eff. Sept. 1, 1999.|
TX Water Code § 26.354 (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 26.354. Emergency Orders

Sec. 26.354.  EMERGENCY ORDERS.  The commission may issue an emergency order to an owner or operator of an underground or aboveground storage tank under Section 5.510.|Added by Acts 1987, 70th Leg., ch. 277, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 228, Sec. 11, eff. May 31, 1989;  Acts 1997, 75th Leg., ch. 1072, Sec. 22, eff. Sept. 1, 1997.|
TX Water Code § 26.356 (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 26.356. Inspections, Monitoring, and Testing

Sec. 26.356.  INSPECTIONS, MONITORING, AND TESTING.  (a)  For the purposes of developing or assisting in the development of a regulation, conducting a study, or enforcing this subchapter, an owner or operator of an underground or aboveground storage tank, on the request of the commission, shall:(1)  furnish information relating to the tank, including tank equipment and contents;  and(2)  permit a designated agent or employee of the commission at all reasonable times to have access to and to copy all records relating to the tank.(b)  For the purposes of developing or assisting in the development of a regulation, conducting a study, or enforcing this subchapter, the commission, its designated agent, or employee may:(1)  enter at reasonable times an establishment or place in which an underground or aboveground storage tank is located; (2)  inspect and obtain samples of a regulated substance contained in the tank from any person;  and(3)  conduct monitoring or testing of the tank, associated equipment, contents, or surrounding soils, air, surface water, or groundwater.(c)  The commission may order an owner or an operator of an underground or aboveground storage tank to conduct monitoring and testing if the commission finds that there is reasonable cause to believe that a release has occurred in the area in which the underground or aboveground storage tank is located.(d)  Each inspection made under this section must be begun and completed with reasonable promptness.  Before a designated agent or employee of the commission enters private property to carry out a function authorized under this section, the agent or employee must give reasonable notice and exhibit proper identification to the manager or owner of the property or to another appropriate person, as provided by commission rule.  The commission's designated agent or employee must observe the regulations of the establishment being inspected, including regulations regarding safety, internal security, and fire protection.|Added by Acts of 1987, 70th Leg., ch. 277, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 228, Sec. 13, eff. May 31, 1989.|
TX Water Code § 26.357 (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 26.357. Standards and Rules

Sec. 26.357.  STANDARDS AND RULES.  (a)  Standards and rules concerning underground storage tanks adopted by the commission under this subchapter must be at least as stringent as the federal requirements under Title VI of the Hazardous and Solid Waste Amendments of 1984 (42 U.S.C. Section 6901 et seq.).(b)  The commission may not impose standards or rules more stringent than the federal requirements unless the commission determines that more stringent standards or rules are necessary to protect human health or the environment.|Added by Acts 1987, 70th Leg., ch. 277, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 228, Sec. 14, eff. May 31, 1989.|
TX Water Code § 26.3571 (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 26.3571. Eligible Owner or Operator

Sec. 26.3571.  ELIGIBLE OWNER OR OPERATOR.  (a)  The commission by rule shall establish criteria to be met by a person to qualify as an eligible owner or operator.(b)  To be an eligible owner or operator for purposes of this subchapter, a person must not have missed any of the deadlines described in Section 26.351(f) and must:(1)  be one of the following:(A)  an owner or operator of a petroleum storage tank that is subject to regulation under this subchapter;(B)  an owner of land that can clearly prove that the land has been contaminated by a release of petroleum products from a petroleum storage tank that is subject to regulation under this subchapter, whether or not the tank is still attached to that land;  or(C)  a lender that has a bona fide security or lienhold interest in or mortgage lien on any property contaminated by the release of petroleum products from a petroleum storage tank subject to regulation under this subchapter, or that forecloses on or receives an assignment or deed in lieu of foreclosure and becomes the owner of such property;(2)  be in compliance with this subchapter as determined by the commission;  and(3)  meet qualifying criteria established by the commission under Subsection (a) of this section.(c)  The commission by rule may prescribe special conditions, consistent with the objective of formulating an overall plan for remediation of an entire contaminated site, for designating as an eligible owner:(1)  a person described by Subsection (b)(1)(B) of this section who owns land contaminated by a release of petroleum products from a tank that was or is located on property the person does not own;  or(2)  a lender described by Subsection (b)(1)(C) of this section.(d)  In determining whether an owner or operator is in compliance with this subchapter, the commission may consider such factors as the owner's or operator's compliance with tank registration, release detection and reporting, and corrective action requirements.(e)  The commission shall designate a person as an eligible owner or operator for purposes of this subchapter as provided by this section.(f)  The commission may not establish any requirements for eligibility under this section that are not consistent with this subchapter or with federal law and federal regulations.(g)  An otherwise eligible owner or operator who misses a deadline referenced in Subsection (b) shall be considered ineligible for reimbursement under this subchapter.(h)  Nothing in this section reduces the liability to perform corrective action created under Section 26.351 and other parts of this subchapter.|Added by Acts 1989, 71st Leg., ch. 228, Sec. 15, eff. May 31, 1989.  Amended by Acts 1991, 72nd Leg., ch. 905, Sec. 5, eff. June 16, 1991;  Acts 2001, 77th Leg., ch. 965, Sec. 14.06, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1135, Sec. 6, eff. Sept. 1, 2001.|