reglab/statecodes huggingface dataset:
2023 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 E. Powers and Duties of Local Governments › Section 361.157. Contents of License

Sec. 361.157.  CONTENTS OF LICENSE.  A license for a solid waste facility issued by a county must include:
(1)  the name and address of each person who owns the land on which the solid waste facility is located and the person who is or will be the operator or person in charge of the facility;
(2)  a legal description of the land on which the facility is located;  and
(3)  the terms and conditions on which the license is issued, including the duration of the license.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 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 E. Powers and Duties of Local Governments › Section 361.158. License Fee

Sec. 361.158.  LICENSE FEE.  (a)  A county may charge a license fee not to exceed $100, as set by the commissioners court of the county.
(b)  The fees shall be deposited to the credit of the county's general fund.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 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 E. Powers and Duties of Local Governments › Section 361.159. License Issuance; Amendment, Extension, and Renewal

Sec. 361.159.  LICENSE ISSUANCE;  AMENDMENT, EXTENSION, AND RENEWAL.  (a)  A county may amend, extend, or renew a license it issues in accordance with county rules.
(b)  The procedures prescribed by Section 361.155 apply to an application to amend, extend, or renew a license.
(c)  A license for the use of a facility to process, store, or dispose of solid waste may not be issued, amended, renewed, or extended without the prior approval of the commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.61, eff. Sept. 1, 1995.
2023 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 E. Powers and Duties of Local Governments › Section 361.160. License Amendment

Sec. 361.160.  LICENSE AMENDMENT.  (a)  A county may, for good cause, after hearing with notice to the license holder and to the commission, amend a license it issues for reasons concerning:
(1)  public health;
(2)  air or water pollution;
(3)  land use;  or
(4)  a violation of this chapter or of other applicable laws or rules controlling the processing, storage, or disposal of solid waste.
(b)  For similar reasons, the commission may for good cause amend a license issued by a county, after hearing with notice to:
(1)  the license holder;  and
(2)  the county that issued the license.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.62, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 33, eff. Sept. 1, 1997.
2023 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 E. Powers and Duties of Local Governments › Section 361.161. Permit From Commission Not Required

Sec. 361.161.  PERMIT FROM COMMISSION NOT REQUIRED.  If a county issues, amends, renews, or extends a license in accordance with Sections 361.154-361.160, the owner or operator of the facility is not required to obtain a permit from the commission for the same facility.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.62, eff. Sept. 1, 1995.
2023 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 E. Powers and Duties of Local Governments › Section 361.162. Designation of Areas Suitable for Facilities

Sec. 361.162.  DESIGNATION OF AREAS SUITABLE FOR FACILITIES.  (a)  Subject to the limitation under Sections 361.151 and 361.152, a county may designate land areas not in the territorial limits or extraterritorial jurisdiction of a municipality as suitable for use as solid waste facilities.
(b)  The county shall base a designation on the principles of public health, safety, and welfare, including proper land use, compliance with state statutes, and other pertinent factors.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 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 E. Powers and Duties of Local Governments › Section 361.163. Cooperative Agreements With Local Governments

Sec. 361.163.  COOPERATIVE AGREEMENTS WITH LOCAL GOVERNMENTS.  A county may enter into cooperative agreements with local governments and other governmental entities to jointly operate solid waste management activities and to charge reasonable fees for the services.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 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 E. Powers and Duties of Local Governments › Section 361.165. Political Subdivisions With Jurisdiction in Two or More Counties

Sec. 361.165.  POLITICAL SUBDIVISIONS WITH JURISDICTION IN TWO OR MORE COUNTIES.  (a)  This section applies to a political subdivision of the state that:
(1)  has jurisdiction of territory in more than one county;  and
(2)  has been granted the power by the legislature to regulate solid waste handling or disposal practices or activities in its jurisdiction.
(b)  The governing body of the political subdivision may, by resolution, assume for the political subdivision the exclusive authority to exercise, in the area subject to its jurisdiction, the powers granted by this chapter to a county, to the exclusion of the exercise of the same powers by the counties otherwise having jurisdiction over the area.
(c)  In the exercise of those powers, the political subdivision is subject to the same duties, limitations, and restrictions applicable to a county under this chapter.
(d)  A political subdivision that assumes the authority granted under this section:
(1)  serves as the coordinator of all solid waste management practices and activities for municipalities, counties, and other governmental entities in its jurisdiction that have solid waste management regulatory powers or engage in solid waste management practices or activities;  and
(2)  shall exercise the authority as long as the resolution of the political subdivision is effective.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 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 E. Powers and Duties of Local Governments › Section 361.166. Municipal Restrictions

Sec. 361.166.  MUNICIPAL RESTRICTIONS.  A municipality may not abolish or restrict the use or operation of a solid waste facility in its limits or extraterritorial jurisdiction if the solid waste facility:
(1)  was in existence when the municipality was incorporated or was in existence when the municipality annexed the area in which it is located;  and
(2)  is operated in substantial compliance with applicable state and county regulations.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 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 E. Powers and Duties of Local Governments › Section 361.167. Operation of Facility by Political Subdivision

Sec. 361.167.  OPERATION OF FACILITY BY POLITICAL SUBDIVISION.  A municipality or other political subdivision operating a solid waste facility may not be prevented from operating the solid waste facility on the ground that the facility is located in the limits or extraterritorial jurisdiction of another municipality.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 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 F. Registry and Cleanup of Certain Hazardous Waste Facilities › Section 361.181. State Registry: Annual Publication

Sec. 361.181.  STATE REGISTRY:  ANNUAL PUBLICATION.  (a)  The commission shall annually publish an updated state registry identifying, to the extent feasible, each facility that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment.
(b)  The registry shall identify the relative priority for action at each listed facility.  The relative priority for action at facilities listed on the registry shall be periodically reviewed and revised by the commission as necessary to accurately reflect the need for action at the facilities.
(c)  In this subchapter:
(1)  "Facility" means any building, structure, installation, equipment, pipe, or pipeline (including any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft), or any site or area where a hazardous substance has been deposited, stored, disposed of, or placed or otherwise come to be located.  The term does not include any consumer product in consumer use or any vessel.
(2)  "Homestead" has the meaning designated by Section 51, Article XVI, Texas Constitution.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990;  Acts 2003, 78th Leg., ch. 661, Sec. 1, eff. Sept. 1, 2003.
2023 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 F. Registry and Cleanup of Certain Hazardous Waste Facilities › Section 361.182. Investigations

Sec. 361.182.  INVESTIGATIONS.  (a)  The executive director may conduct investigations of facilities that are listed on the state registry, or that the executive director has reason to believe should be included on the state registry, in accordance with Sections 361.032, 361.033, and 361.037.
(b)  If there is a reasonable basis to believe there may be a release or threatened release of a hazardous substance at a facility, the executive director may submit requests for information and requests for the production of documents to any person who has or may have information or documents relevant to:
(1)  the identification, nature, or quantity of materials that have been generated, treated, stored, or disposed of at a facility or transported to a facility;
(2)  the identification of soils, groundwater, or surface water at a facility that have been or may be affected by an actual or threatened release of a hazardous substance;
(3)  the nature or extent of a release or threatened release of a hazardous substance at or from a facility;  or
(4)  the ability of a person to pay for or to perform a remedial action.
(c)  If the requested information or documents are not produced in a timely manner, the commission may issue an order directing compliance with the requests for information or production of documents.  Information or documents requested under Subsection (b) or this subsection are public records, except that the commission shall consider the copied records as confidential if a showing satisfactory to the commission is made by the owner of the records that the records would divulge trade secrets if made public.  This subsection does not require the commission to consider the composition or characteristics of hazardous substances being processed, stored, disposed of, or otherwise handled to be held confidential.
(d)  The commission shall adopt rules regarding the provision of notice and an opportunity for a hearing before the commission on whether the requested information or documents should be produced.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990.
2023 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 F. Registry and Cleanup of Certain Hazardous Waste Facilities › Section 361.183. Registry Listing Procedure: Determination of Eligibility

Sec. 361.183.  REGISTRY LISTING PROCEDURE:  DETERMINATION OF ELIGIBILITY.  (a)  Before listing a facility on the state registry, the executive director shall determine whether the potential endangerment to public health and safety or the environment at the facility can be resolved by:
(1)  the present owner or operator under the federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901);
(2)  some or all of the potentially responsible parties identified in Subchapter I, under an agreed administrative order issued by the commission;  or
(3)  an agreement under Subchapter S, as added by Chapter 986, Acts of the 74th Legislature, Regular Session, 1995.
(b)  If the potential endangerment to public health and safety or the environment can be resolved in such a manner, the facility may not be listed on the state registry.  Notice of the approach selected to resolve the apparent endangerment to public health and safety or the environment and the fact that this action is being taken in lieu of listing the facility on the state registry shall be published in the Texas Register.
(c)  If after reasonable efforts the executive director determines that the potential endangerment to public health and safety or the environment cannot be resolved by either of the approaches under Subsection (a), the executive director shall evaluate the facility to determine whether the site exceeds the commission's minimum criteria for listing on the state registry.  The commission by rule shall adopt the minimum criteria.  The executive director shall also evaluate the facility to determine whether it is eligible for listing on the federal National Priorities List.
(d)  The commission shall proceed under this subchapter only if, based on information available to the executive director, the facility is eligible for listing on the state registry but not eligible for the federal National Priorities List.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990;  Acts 1997, 75th Leg., ch. 793, Sec. 3, eff. Sept. 1, 1997.
2023 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 F. Registry and Cleanup of Certain Hazardous Waste Facilities › Section 361.185. Investigation/feasibility Study

Sec. 361.185.  INVESTIGATION/FEASIBILITY STUDY.  (a)  After the public meeting or after opportunity to request a public meeting has passed, but before any listing of the facility on the state registry, the commission shall allow all identified potentially responsible parties the opportunity to fund or conduct, if appropriate, a remedial investigation/feasibility study, or a similar study as approved by the executive director, for the facility.  Not later than the 90th day after notice under Section 361.184(a) is issued, the potentially responsible parties may make a good faith offer to conduct the study.  If a good faith offer from all or some of the potentially responsible parties is received by the commission within that period, those making the offer have an additional 60 days within which to negotiate an agreed administrative order from the commission, which must include a scope of work.  In the agreed administrative order the commission may not require the participating potentially responsible parties to agree to perform the remedial action or admit liability for the facility remediation.
(b)  If no potentially responsible party makes a good faith offer to conduct the remedial investigation/feasibility study or similar study as approved by the executive director or if the participating potentially responsible parties fail to conduct or complete an approved study, the commission may conduct or complete the study using funds from the hazardous waste disposal fee fund.
(c)  To encourage potentially responsible parties to perform the remedial investigation/feasibility study or other similar study as approved by the executive director, costs for commission oversight of the study may not be assessed against those parties who fund or perform the study.  Nonparticipating potentially responsible parties who are ultimately determined to be liable for remediation of the facility under this chapter or who subsequently enter into an agreed order relative to the remediation of the facility may be assessed up to the full costs for commission oversight of the study process.  If all potentially responsible parties participate or agree to fund the remedial investigation/feasibility study or other similar study, all commission oversight costs shall be paid from the hazardous waste disposal fee fund.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990.
2023 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 F. Registry and Cleanup of Certain Hazardous Waste Facilities › Section 361.1855. Proposal of Land Use Other Than Residential

Sec. 361.1855.  PROPOSAL OF LAND USE OTHER THAN RESIDENTIAL.  (a)  The executive director shall hold a public meeting to obtain public input and information regarding the appropriate use of land on which a facility is located that is the subject of a remedial investigation/feasibility study if:
(1)  a land use other than residential is proposed as appropriate for the land by:
(A)  the executive director;  or
(B)  a potentially responsible party who has entered into an agreed order with the commission;
(2)  the proposal is made before the study is completed;  and
(3)  a local government has not zoned the land as residential only.
(b)  Any interested person may comment at the meeting.
(c)  The meeting is legislative in nature and not a contested case hearing under Chapter 2001, Government Code.
(d)  Not later than the 31st day before the date of the meeting, the commission shall:
(1)  publish notice of the meeting in the Texas Register and in a newspaper of general circulation in the county in which the facility is located;
(2)  mail notice of the meeting to each potentially responsible party by certified mail, return receipt requested, at the party's most recent address as shown on the records of the commission;  and
(3)  make the commission's records regarding the facility available to any interested person.
(e)  The notice shall:
(1)  state the date, time, and place of the meeting;  and
(2)  provide information regarding the proposed land use.
(f)  The failure of a potentially responsible party to receive a notice under this section does not affect the responsibilities, duties, or liabilities of the party.
(g)  After the meeting, the executive director shall select the appropriate land use for purposes of selecting a proposed remedial action.
Added by Acts 1997, 75th Leg., ch. 793, Sec. 4, eff. Sept. 1, 1997.
2023 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 F. Registry and Cleanup of Certain Hazardous Waste Facilities › Section 361.1875. Exclusion of Certain Potentially Responsible Parties

Sec. 361.1875.  EXCLUSION OF CERTAIN POTENTIALLY RESPONSIBLE PARTIES.  (a)  The commission may not name a person as a responsible party for an enforcement action or require a person to reimburse remediation costs for a site if the commission has conducted an investigation of a site owned or operated by the person and as a result of the investigation has determined that:
(1)  the contaminants that are the subject of investigation under this subchapter appear to originate from an up-gradient, off-site source that is not owned or operated by the person;
(2)  additional corrective action is not required at the site owned or operated by the person;  and
(3)  the commission will not undertake a formal enforcement action in the matter.
(b)  The commission may not name a land bank established under Chapter 379C, Local Government Code, as a responsible party for an enforcement action or require the land bank to reimburse remediation costs for a site if the commission has conducted an investigation of a site owned or operated by the land bank and as a result of the investigation has determined that:
(1)  the contaminants that are the subject of investigation under this subchapter:
(A)  appear to originate from an up-gradient, off-site source that is not owned or operated by the land bank; or
(B)  appear to have been present on the site before the land bank purchased the site; and
(2)  the land bank could not have reasonably known about the contaminants at the time the land bank purchased the site.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 11.01, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1034 (H.B. 1742), Sec. 1, eff. September 1, 2007.
2023 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 F. Registry and Cleanup of Certain Hazardous Waste Facilities › Section 361.188. Final Administrative Order

Sec. 361.188.  FINAL ADMINISTRATIVE ORDER.  (a)  After consideration of all good faith offers to perform a remedial action, the commission shall issue a final administrative order that must:
(1)  list the facility on the state registry, thus determining that the facility poses an imminent and substantial endangerment to public health and safety or the environment;
(2)  specify the appropriate land use for purposes of selecting the appropriate remedial action;
(3)  specify the selected remedial action;
(4)  list the parties determined to be responsible for remediating the facility;
(5)  make findings of fact describing actions voluntarily undertaken by responsible parties;
(6)  order the responsible parties to remediate the facility and, if appropriate, reimburse the hazardous waste disposal fee fund for remedial investigation/feasibility study and remediation costs;
(7)  establish a schedule for completion of the remedial action;
(8)  state any determination of divisibility of responsible party liability;  and
(9)  give notice of the duties and restrictions imposed by Section 361.190.
(b)  The provisions in Subchapters I, K, and L  relating to administrative orders apply to orders issued under this section.
(c)  If a potentially responsible party is newly identified after a final administrative order under Subsection (a) has been issued by the commission, that party has 60 days to negotiate an amendment to the existing order.  The commission is not prohibited from issuing a separate order for the newly identified potentially responsible party if the commission determines that the circumstances warrant a separate order.  The responsible parties identified in the order issued under Subsection (a) shall be allowed to comment on the issuance of a separate order for the newly identified potentially responsible party.
(d)  Within a reasonable period after a determination has been made, the commission shall file or cause to be filed in the real property records of the county in which the facility is located an affidavit or notice stating that the facility has been listed on or deleted from the state registry or is no longer proposed for listing on the state registry.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990;  Acts 1997, 75th Leg., ch. 793, Sec. 6, eff. Sept. 1, 1997.
2023 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 F. Registry and Cleanup of Certain Hazardous Waste Facilities › Section 361.189. Deletions From Registry

Sec. 361.189.  DELETIONS FROM REGISTRY.  (a)  The executive director or an owner or operator or other named responsible party of a facility listed or to be listed on the state registry may request the commission to delete the facility from the state registry, modify the facility's priority within the state registry, or modify any information regarding the facility by submitting a written statement setting forth the grounds of the request in the form the commission may by rule require.
(b)  The commission by rule shall establish procedures, including public meetings, for review of requests submitted under this section.
(c)  If the commission deletes a facility from the state registry because the cleanup of the facility is being addressed under Subchapter S, as added by Chapter 986, Acts of the 74th Legislature, Regular Session, 1995, the facility automatically reverts to the status the facility had immediately before the facility was deleted from the registry on the date of the executive director's determination that the cleanup of the facility is not being addressed adequately.  A public meeting is not required for an action under this subsection.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990;  Acts 1997, 75th Leg., ch. 793, Sec. 7, eff. Sept. 1, 1997.
2023 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 F. Registry and Cleanup of Certain Hazardous Waste Facilities › Section 361.190. Change in Use of Listed Facility

Sec. 361.190.  CHANGE IN USE OF LISTED FACILITY.  (a)  After the listing of a facility on the state registry, a person may not substantially change the manner in which the facility is used without notifying the executive director and receiving written approval of the executive director for the change.
(b)  A substantial change in use shall be defined by rule and shall include actions such as the erection of a building or other structure at the facility, the use of the facility for agricultural production, the paving of the facility for use as a roadway or parking lot, and the creation of a park or other public or private recreational use on the facility.
(c)  The notice must be in writing, addressed to the executive director, sent by certified mail, return receipt requested, and include a brief description of the proposed change in use.
(d)  The executive director shall approve or disapprove the proposed action within 60 days after the date of receipt of the notice of proposed change in use.  The executive director may not approve the proposed change in use if the new use will significantly interfere with a proposed, ongoing, or completed remedial action program at a facility or expose the public health and safety or the environment to a significantly increased threat of harm.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990.
2023 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 F. Registry and Cleanup of Certain Hazardous Waste Facilities › Section 361.191. Immediate Removal

Sec. 361.191.  IMMEDIATE REMOVAL.  (a)  If the commission, after investigation, finds that there exists a release or threatened release of a hazardous substance at a facility that is causing irreversible or irreparable harm to the public health and safety or the environment and that the immediacy of the situation makes it prejudicial to the public interest to delay action until an administrative order can be issued to potentially responsible parties or until a judgment can be entered in an appeal of an administrative order, the commission may, with the funds available to the commission from the hazardous waste disposal fee fund, undertake immediate removal action at the facility to alleviate the harm.
(b)  After the immediate danger of irreversible or irreparable harm has been alleviated, the commission shall proceed under this subchapter.
(c)  Findings required under this section must be in writing and may be made ex parte by the commission subject to judicial review under the substantial evidence rule as provided by Chapter 2001, Government Code.
(d)  The reasonable expenses of any immediate removal action taken by the commission may be recoverable from the persons described in Subchapter G or I, and the state may seek to recover the reasonable expenses in any court of appropriate jurisdiction.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
2023 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 F. Registry and Cleanup of Certain Hazardous Waste Facilities › Section 361.192. Remedial Action by Commission

Sec. 361.192.  REMEDIAL ACTION BY COMMISSION.  (a)  If a person ordered to eliminate an imminent and substantial endangerment to the public health and safety or the environment has failed to do so within the time limits specified in the order or any extension of time approved by the commission, the commission may implement the remedial action program for the facility.
(b)  The reasonable expenses of implementing the remedial action program by the commission shall be paid by the persons to whom the order was issued and shall be recoverable under Section 361.197.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990.
2023 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 F. Registry and Cleanup of Certain Hazardous Waste Facilities › Section 361.193. Goal of Remedial Action

Sec. 361.193.  GOAL OF REMEDIAL ACTION.  (a)  The goal of any remedial action is the elimination of the imminent and substantial endangerment to the public health and safety or the environment posed by a release or threatened release of a hazardous substance at a facility.  The appropriate extent of the remedial action at any particular facility shall be determined by the commission's selection of the remedial alternative that the commission determines is the lowest cost alternative that is technologically feasible and reliable and that effectively mitigates and minimizes damage to and provides adequate protection of the public health and safety or the environment.
(b)  In considering the appropriate remedial action program at a particular facility, the commission may approve a program that does not attain a level or standard of control at least equivalent to a legally applicable or relevant and appropriate standard, requirement, criterion, or limitation, as required by state or local law, if the commission finds that:
(1)  the remedial action selected is only part of a total remedial action that will attain that level or standard of control when completed;
(2)  compliance with the requirement at that facility will result in greater risk to public health and safety or the environment than alternative options;
(3)  compliance with the requirement is technically impracticable from an engineering perspective;
(4)  the remedial action selected will attain a standard of performance that is equivalent to that required under the otherwise applicable standard, requirement, criterion, or limitation through use of another method or approach;
(5)  with respect to a local standard, requirement, criterion, or limitation, the locality has not consistently applied or demonstrated the intention to consistently apply the standard, requirement, criterion, or limitation in similar circumstances of other remedial actions within the locality;  or
(6)  with respect to an action using solely state funds, selection of a remedial action that attains those levels or standards of control will not provide a balance between the need for protection of public health and safety or the environment at the facility and the availability of state funds to respond to other sites that present a threat to public health and safety or the environment, taking into consideration the relative immediacy of the threats.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990.
2023 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 F. Registry and Cleanup of Certain Hazardous Waste Facilities › Section 361.195. Payments From Hazardous and Solid Waste Remediation Fee Account

Sec. 361.195.  PAYMENTS FROM HAZARDOUS AND SOLID WASTE REMEDIATION FEE ACCOUNT.  (a)  Money for actions taken or to be taken by the commission in connection with the elimination of an imminent and substantial endangerment to the public health and safety or the environment under this subchapter is payable directly to the commission from the hazardous and solid waste remediation fee account. These payments include any costs of inspection or sampling and laboratory analysis of wastes, soils, air, surface water, and groundwater done on behalf of a state agency and the costs of investigations to identify and locate potentially responsible parties.
(b)  The commission shall seek remediation of facilities by potentially responsible parties before expenditure of federal or state funds for the remediations.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990;  Acts 1997, 75th Leg., ch. 333, Sec. 44, eff. Sept. 1, 1997.
2023 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 F. Registry and Cleanup of Certain Hazardous Waste Facilities › Section 361.196. Remediation: Permits Not Required; Liability

Sec. 361.196.  REMEDIATION:  PERMITS NOT REQUIRED;  LIABILITY.  (a)  Potentially responsible parties shall coordinate with ongoing federal and state hazardous waste programs although a state or local permit may not be required for any removal or remedial action conducted on site.
(b)  Subject to Section 361.193, the state may enforce any federal or state standard, requirement, criterion, or limitation to which the remedial action would otherwise be required to conform if a permit were required.
(c)  An action taken by the person to contain or remove a release or threatened release in accordance with an approved remedial action plan may not be construed as an admission of liability for the release or threatened release.
(d)  A person who renders assistance in containing or removing a release or threatened release in accordance with an approved remedial action plan is not liable for any additional remediation costs at the facility resulting solely from acts or omissions of the person in rendering the assistance in compliance with the approvals required by this section, unless the remediation costs were caused by the person's gross negligence or wilful misconduct.
(e)  Except as specifically provided by this section, these provisions do not expand or diminish the common law tort liability, if any, of private parties participating in a remediation action for civil damages to third parties.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990.
2023 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 F. Registry and Cleanup of Certain Hazardous Waste Facilities › Section 361.197. Cost Recovery

Sec. 361.197.  COST RECOVERY.  (a)  The commission shall file a cost recovery action against all responsible parties who have not complied with the terms of an administrative order issued under Section 361.188.  The commission shall file the cost recovery action no later than one year after all remedial action has been completed.
(b)  The state may seek a judgment against the noncompliant parties for the total amount of the cost of the remedial investigation and feasibility study, the remedial design, and the remedial action, including costs of any necessary studies and oversight costs, minus the amount agreed to be paid or expended by any other responsible parties under an order issued under Section 361.185 or 361.188.
(c)  The action may also include a plea seeking civil penalties for noncompliance with the commission's administrative order and a claim for up to triple the state's costs if the responsible party's defenses are determined by the court to be unreasonable, frivolous, or without foundation.
(d)  The commission shall file a cost recovery action against each responsible party for the total costs of an action taken under Section 361.133(c)(1), (2), (3), (5), or (6) or Section 361.133(g).
(e)  The commission may not file a cost recovery action under this section against an individual if the individual's only significant asset is a homestead that:
(1)  includes the facility subject to or affected by a remedial action;
(2)  is occupied by the individual as a home;  and
(3)  has a fair market value of $250,000 or less.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990;  Acts 1993, 73rd Leg., ch. 552, Sec. 1, eff. June 8, 1993;  Acts 1995, 74th Leg., ch. 883, Sec. 4, eff. Aug. 28, 1995;  Acts 1997, 75th Leg., ch. 793, Sec. 9, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 661, Sec. 3, eff. Sept. 1, 2003.
2023 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 F. Registry and Cleanup of Certain Hazardous Waste Facilities › Section 361.199. Mixed Funding Program

Sec. 361.199.  MIXED FUNDING PROGRAM.  The commission by rule shall adopt a mixed funding program in which available money from potentially responsible parties is combined with state or federal funds to clean up a facility in a timely manner.  Use of the state or federal funds in a mixed funding approach does not preclude the state or federal government from seeking recovery of its costs from nonparticipating potentially responsible parties.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990.
2023 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 F. Registry and Cleanup of Certain Hazardous Waste Facilities › Section 361.200. Settlement

Sec. 361.200.  SETTLEMENT.  The commission shall assess and by rule may develop and implement a settlement program.  Under the program, the commission shall consider the advantages of developing a final settlement with potentially responsible parties that are responsible for response costs at a facility because of hazardous substances.  The settlement program may include:
(1)  de minimis settlements;
(2)  covenants not to sue;
(3)  mixed funding;  and
(4)  partial settlements.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990;  Acts 1997, 75th Leg., ch. 793, Sec. 10, eff. Sept. 1, 1997.
2023 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 F. Registry and Cleanup of Certain Hazardous Waste Facilities › Section 361.201. Financial Capability and Funding Priority

Sec. 361.201.  FINANCIAL CAPABILITY AND FUNDING PRIORITY.  (a)  The commission may determine whether a potentially responsible party is financially capable of conducting any necessary remediation studies or remedial action.  The commission by rule shall adopt the criteria for determination of financial capability.
(b)  If no financially capable, potentially responsible parties exist for a facility, the commission shall issue an administrative order stating its determination that the facility constitutes an imminent and substantial endangerment and that there are no financially capable, potentially responsible parties.  The commission shall then conduct its own remediation study and remedial action, using federal funds if available, or, if federal funds are not available, using state funds from the hazardous and solid waste remediation fee account.
(c)  Generally, the remediation of listed facilities shall be achieved first by private party funding, second with the aid of federal funds, and third, if necessary, with state funds from the hazardous and solid waste remediation fee account.
(d)  The commission shall determine whether a potentially responsible party is financially capable of conducting any necessary remediation studies or remedial action if the responsible party is an individual whose homestead includes the facility subject to or affected by a remedial action.
(e)  The commission by rule shall adopt criteria for determining the financial capability of an individual under Subsection (d).  The rules must provide that the value of the individual's homestead may not be included in the total amount of the individual's assets if:
(1)  the individual is occupying the homestead as a home;  and
(2)  the fair market value of the homestead is $250,000 or less.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990;  Acts 1997, 75th Leg., ch. 333, Sec. 45, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 661, Sec. 4, eff. Sept. 1, 2003.
2023 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 F. Registry and Cleanup of Certain Hazardous Waste Facilities › Section 361.202. Deadline Extensions

Sec. 361.202.  DEADLINE EXTENSIONS.  The executive director or the commission may extend any period specified in this section if considered appropriate.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990.
2023 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 I. Enforcement; Administrative Orders Concerning Imminent and Substantial Endangerment › Section 361.272. Administrative Orders Concerning Imminent and Substantial Endangerment

Sec. 361.272.  ADMINISTRATIVE ORDERS CONCERNING IMMINENT AND SUBSTANTIAL ENDANGERMENT.  (a)  The commission may issue an administrative order to a person responsible for solid waste if it appears that there is an actual or threatened release of solid waste that presents an imminent and substantial endangerment to the public health and safety or the environment:
(1)  from a solid waste facility at which solid waste is stored, processed, or disposed of;  or
(2)  at any site at which one or more of those activities concerning solid waste have been conducted in the past, regardless of whether the activity was lawful at the time.
(b)  An administrative order may be issued under this section to:
(1)  restrain the person from allowing or continuing the release or threatened release;  and
(2)  require the person to take any action necessary to provide and implement a cost effective and environmentally sound remedial action plan designed to eliminate the release or threatened release.
(c)  An administrative order issued under this section shall:
(1)  be delivered to the persons identified by the order by certified mail, return receipt requested;
(2)  be delivered by hand delivery to the person identified by the order;  or
(3)  on failure of delivery of the order by certified mail or hand delivery, be served on the persons by publication:
(A)  once in the Texas Register;  and
(B)  once in a newspaper of general circulation in each county in which a person identified by the order had the person's last known address.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.68, eff. Sept. 1, 1995.
2023 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 I. Enforcement; Administrative Orders Concerning Imminent and Substantial Endangerment › Section 361.273. Injunction as Alternative to Administrative Order

Sec. 361.273.  INJUNCTION AS ALTERNATIVE TO ADMINISTRATIVE ORDER.  The commission may cause a civil suit for injunctive relief to be brought in a district court in the county in which the actual release is occurring or threatened release may occur to:
(1)  restrain a person responsible for solid waste under Section 361.271 from allowing or continuing the release or threatened release;  and
(2)  require the person to take actions necessary to provide and implement a cost effective and environmentally sound remedial action plan designed to eliminate the release or threatened release.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.69, eff. Sept. 1, 1995.