reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter L. Emergency and Temporary Orders › Section 5.501. Emergency and Temporary Order or Permit; Temporary Suspension or Amendment of Permit Condition

Sec. 5.501.  EMERGENCY AND TEMPORARY ORDER OR PERMIT;  TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITION.  (a)  For the purposes and in the manner provided by this subchapter, the commission:
(1)  may issue a temporary or emergency mandatory, permissive, or prohibitory order;  and
(2)  by temporary or emergency order may:
(A)  issue a temporary permit;  or
(B)  temporarily suspend or amend a permit condition.
(b)  The commission may issue an emergency order under this subchapter after providing the notice and opportunity for hearing that the commission considers practicable under the circumstances or without notice or hearing.  Except as provided by Section 5.506, notice must be given not later than the 10th day before the date set for a hearing if the commission requires notice and hearing before issuing the order.  The commission shall give notice not later than the 20th day before the date set for a hearing on a temporary order.
(c)  The commission by order or rule may delegate to the executive director the authority to:
(1)  receive applications and issue emergency orders under this subchapter and Section 13.041(h); and
(2)  authorize, in writing, a representative or representatives to act on the executive director's behalf under this subchapter and Section 13.041(h).
(d)  Chapter 2001, Government Code, does not apply to the issuance of an emergency order under this subchapter without a hearing.
(e)  A law under which the commission acts that requires notice of hearing or that sets procedures for the issuance of permits does not apply to a hearing on an emergency order issued under this subchapter unless the law specifically requires notice for an emergency order.  The commission shall give the general notice of the hearing that the commission considers practicable under the circumstances.
(f)  An emergency or temporary order issued under this subchapter does not vest in the permit holder or recipient any rights and expires in accordance with its terms.
(g)  The commission may prescribe rules and adopt fees necessary to carry out and administer this subchapter.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 967 (S.B. 700), Sec. 12, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter L. Emergency and Temporary Orders › Section 5.502. Application for Emergency or Temporary Order

Sec. 5.502.  APPLICATION FOR EMERGENCY OR TEMPORARY ORDER.  A person other than the executive director or the executive director's representative who desires an emergency or temporary order under this subchapter must submit a sworn written application to the commission.  The application must:
(1)  describe the condition of emergency or other condition justifying the issuance of the order;
(2)  allege facts to support the findings required under this subchapter;
(3)  estimate the dates on which the proposed order should begin and end;
(4)  describe the action sought and the activity proposed to be allowed, mandated, or prohibited;  and
(5)  include any other statement or information required by this subchapter or by the commission.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter L. Emergency and Temporary Orders › Section 5.503. Notice of Issuance

Sec. 5.503.  NOTICE OF ISSUANCE.  Notice of the issuance of an emergency order shall be provided in accordance with commission rules.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter L. Emergency and Temporary Orders › Section 5.504. Hearing to Affirm, Modify, or Set Aside Order

Sec. 5.504.  HEARING TO AFFIRM, MODIFY, OR SET ASIDE ORDER.  (a)  If the commission, the executive director, or the executive director's representative issues an emergency order under this subchapter without a hearing, the order shall set a time and place for a hearing to affirm, modify, or set aside the emergency order to be held before the commission or its designee as soon as practicable after the order is issued.
(b)  At or following the hearing required under Subsection (a), the commission shall affirm, modify, or set aside the emergency order.
(c)  A hearing to affirm, modify, or set aside an emergency order shall be conducted in accordance with Chapter 2001, Government Code, and commission rules.  Commission rules concerning a hearing to affirm, modify, or set aside an emergency order must provide for presentation of evidence by the applicant under oath, presentation of rebuttal evidence, and cross-examination of witnesses.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter L. Emergency and Temporary Orders › Section 5.505. Term of Order

Sec. 5.505.  TERM OF ORDER.  An emergency or temporary order issued under this subchapter must be limited to a reasonable time specified by the order.  Except as otherwise provided by this subchapter, the term of an emergency order may not exceed 180 days.  An emergency order may be renewed once for a period not to exceed 180 days.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter L. Emergency and Temporary Orders › Section 5.506. Emergency Suspension of Permit Condition Relating To, and Emergency Authority to Make Available Water Set Aside For, Beneficial Inflows to Affected Bays and Estuaries and Instream Uses

Sec. 5.506.  EMERGENCY SUSPENSION OF PERMIT CONDITION RELATING TO, AND EMERGENCY AUTHORITY TO MAKE AVAILABLE WATER SET ASIDE FOR, BENEFICIAL INFLOWS TO AFFECTED BAYS AND ESTUARIES AND INSTREAM USES.  (a)  The commission by emergency or temporary order may suspend a permit condition relating to beneficial inflows to affected bays and estuaries and instream uses if the commission finds that an emergency exists that cannot practicably be resolved in another way.
(a-1)  State water that is set aside by the commission to meet the needs for freshwater inflows to affected bays and estuaries and instream uses under Section 11.1471(a)(2) may be made available temporarily for other essential beneficial uses if the commission finds that an emergency exists that cannot practically be resolved in another way.
(b)  The commission must give written notice of the proposed action to the Parks and Wildlife Department before the commission suspends a permit condition under Subsection (a) or makes water available temporarily under Subsection (a-1).  The commission shall give the Parks and Wildlife Department an opportunity to submit comments on the proposed action for a period of 72 hours from receipt of the notice and must consider those comments before issuing an order implementing the proposed action.
(c)  The commission may suspend a permit condition under Subsection (a) or make water available temporarily under Subsection (a-1) without notice except as required by Subsection (b).
(d)  The commission shall notify all affected persons immediately by publication.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.01, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.02, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.01, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.02, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter L. Emergency and Temporary Orders › Section 5.507. Emergency Order for Operation of Utility That Discontinues Operation or Is Referred for Appointment of Receiver

Sec. 5.507.  EMERGENCY ORDER FOR OPERATION OF UTILITY THAT DISCONTINUES OPERATION OR IS REFERRED FOR APPOINTMENT OF RECEIVER.  The commission may issue an emergency order appointing a willing person to temporarily manage and operate a utility under Section 13.4132.  Notice of the action is adequate if the notice is mailed or hand delivered to the last known address of the utility's headquarters.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.03, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 3, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 853 (S.B. 1148), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter L. Emergency and Temporary Orders › Section 5.509. Temporary or Emergency Order Relating to Discharge of Waste or Pollutants

Sec. 5.509.  TEMPORARY OR EMERGENCY ORDER RELATING TO DISCHARGE OF WASTE OR POLLUTANTS.  (a)  The commission may issue an emergency or temporary order relating to the discharge of waste or pollutants into or adjacent to water in the state if:
(1)  the order is necessary to enable action to be taken more expeditiously than is otherwise provided by Chapter 18 or 26, as applicable, to effectuate the policy and purposes of that chapter; and
(2)  the commission finds that:
(A)  the discharge is unavoidable to:
(i)  prevent loss of life, serious injury, or severe property damage;
(ii)  prevent severe economic loss or ameliorate serious drought conditions, to the extent consistent with the requirements for United States Environmental Protection Agency authorization of a state permit program; or
(iii)  make necessary and unforeseen repairs to a facility;
(B)  there is no feasible alternative to the proposed discharge;
(C)  the discharge will not cause significant hazard to human life and health, unreasonable damage to the property of persons other than the applicant, or unreasonable economic loss to persons other than the applicant; and
(D)  the discharge will not present a significant hazard to the uses that will be made of the receiving water after the discharge.
(b)  A person desiring a temporary or emergency order under this section must submit an application under Section 5.502 that, in addition to complying with that section:
(1)  states the volume and quality of the proposed discharge;
(2)  explains the measures proposed to minimize the volume and duration of the discharge;  and
(3)  explains the measures proposed to maximize the waste treatment efficiency of units not taken out of service or facilities provided for interim use.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 756 (H.B. 2031), Sec. 2, eff. June 17, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter L. Emergency and Temporary Orders › Section 5.510. Emergency Order Concerning Underground or Aboveground Storage Tanks

Sec. 5.510.  EMERGENCY ORDER CONCERNING UNDERGROUND OR ABOVEGROUND STORAGE TANKS.  (a)  The commission may issue an emergency order to the owner or operator of an underground or aboveground storage tank regulated under Chapter 26 prohibiting the owner or operator from allowing or continuing a release or threatened release and requiring the owner or operator to take the actions necessary to eliminate the release or threatened release, if the commission finds that:
(1)  there is an actual or threatened release of a regulated substance;  and
(2)  more expeditious action than is otherwise provided under Chapter 26 is necessary to protect the public health or safety or the environment from harm.
(b)  An emergency order issued under this section must be:
(1)  mailed by certified mail, return receipt requested, to each person identified in the order;
(2)  hand delivered to each person identified in the order;  or
(3)  on failure of service by certified mail or hand delivery, served by publication one time in the Texas Register and one time in a newspaper with general circulation in each county in which any of the persons identified in the order has a last known address.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter L. Emergency and Temporary Orders › Section 5.511. Emergency Administrative Order Concerning Imminent and Substantial Endangerment

Sec. 5.511.  EMERGENCY ADMINISTRATIVE ORDER CONCERNING IMMINENT AND SUBSTANTIAL ENDANGERMENT.  The commission or the executive director may issue an emergency administrative order under Section 361.272, Health and Safety Code, in the manner provided by this subchapter.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter L. Emergency and Temporary Orders › Section 5.512. Emergency Order Concerning Activity of Solid Waste Management

Sec. 5.512.  EMERGENCY ORDER CONCERNING ACTIVITY OF SOLID WASTE MANAGEMENT.  The commission may issue an emergency order concerning an activity of solid waste management under the commission's jurisdiction, even if that activity is not covered by a permit, if the commission finds that an emergency requiring immediate action to protect the public health and safety exists.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter L. Emergency and Temporary Orders › Section 5.513. Emergency Order Concerning On-Site Sewage Disposal System

Sec. 5.513.  EMERGENCY ORDER CONCERNING ON-SITE SEWAGE DISPOSAL SYSTEM.  (a)  The commission may issue an emergency order suspending the registration of the installer of an on-site sewage disposal system, regulating an on-site sewage disposal system, or both, if the commission finds that an emergency exists and that the public health and safety is endangered because of the operation of an on-site sewage disposal system that does not comply with Chapter 366, Health and Safety Code, or a rule adopted under that chapter.
(b)  If an order issued under this section is adopted without notice or hearing, the order must set a time, not more than 30 days after the order is issued, for a hearing to affirm, modify, or set aside the order.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter L. Emergency and Temporary Orders › Section 5.514. Order Issued Under Air Emergency

Sec. 5.514.  ORDER ISSUED UNDER AIR EMERGENCY.  (a)  If the commission finds that a generalized condition of air pollution exists that creates an emergency requiring immediate action to protect human health or safety, the commission, with the concurrence of the governor, may issue an emergency order requiring a person causing or contributing to the air pollution to immediately reduce or discontinue the emission of air contaminants.
(b)  If the commission finds that emissions from one or more sources are causing imminent danger to human health or safety but that there is not a generalized condition of air pollution under Subsection (a), the commission may issue an emergency order requiring the persons responsible for the emissions to immediately reduce or discontinue the emissions.
(c)  Notwithstanding Section 5.504, the commission shall affirm, modify, or set aside an order issued under this section not later than 24 hours after the hearing under that section begins and without adjournment of the hearing.
(d)  This section does not limit any power that the governor or another officer may have to declare an emergency and to act on that declaration if the power is conferred by law or inheres in the office.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter L. Emergency and Temporary Orders › Section 5.5145. Emergency Order Concerning Operation of Rock Crusher or Concrete Plant Without Permit

Sec. 5.5145.  EMERGENCY ORDER CONCERNING OPERATION OF ROCK CRUSHER OR CONCRETE PLANT WITHOUT PERMIT.  The commission may issue an emergency order under this subchapter suspending operations of a rock crusher or a concrete plant that performs wet batching, dry batching, or central mixing and is required to obtain a permit under Section 382.0518, Health and Safety Code, and is operating without the necessary permit.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 5.08(a), eff. Sept. 1, 2001 and Acts 2001, 77th Leg., ch. 1271, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1072 (S.B. 1003), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter L. Emergency and Temporary Orders › Section 5.5146. Emergency Order Concerning Operation of Certain Treatment Facilities Without Permit

Sec. 5.5146.  EMERGENCY ORDER CONCERNING OPERATION OF CERTAIN TREATMENT FACILITIES WITHOUT PERMIT.  The commission may issue an emergency order under this  subchapter suspending operations of a treatment facility that:
(1)  handles waste and wastewater from humans or household operations;
(2)  is required to obtain a permit from the commission; and
(3)  is operating without the required permit.
Added by Acts 2015, 84th Leg., R.S., Ch. 806 (H.B. 3264), Sec. 1, eff. June 17, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter L. Emergency and Temporary Orders › Section 5.516. Emergency Order Under Section 401

Sec. 5.516.  EMERGENCY ORDER UNDER SECTION 401.056, HEALTH AND SAFETY CODE.  The commission may issue an emergency order under Section 401.056, Health and Safety Code, in the manner provided by this subchapter.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter M. Environmental Permitting Procedures › Section 5.551. Permitting Procedures; Applicability

Sec. 5.551.  PERMITTING PROCEDURES;  APPLICABILITY.  (a)  This subchapter establishes procedures for providing public notice, an opportunity for public comment, and an opportunity for public hearing under Subchapters C-H, Chapter 2001, Government Code, regarding commission actions relating to a permit issued under Chapter 26 or 27 of this code or Chapter 361, Health and Safety Code.  This subchapter is procedural and does not expand or restrict the types of commission actions for which public notice, an opportunity for public comment, and an opportunity for public hearing are provided under Chapter 26 or 27 of this code or Chapter 361, Health and Safety Code.
(a-1)  Notwithstanding Section 18.002, this subchapter does not apply to a permit issued under Section 18.005(c)(2) if the point of discharge is not located within three miles of any point located on the coast of this state.
(b)  The commission by rule shall provide for additional notice, opportunity for public comment, or opportunity for hearing to the extent necessary to satisfy a requirement for United States Environmental Protection Agency authorization of a state permit program.
(c)  In this subchapter, "permit" means a permit, approval, registration, or other form of authorization required by law for a person to engage in an action.
Added by Acts 1999, 76th Leg., ch. 1350, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 756 (H.B. 2031), Sec. 3, eff. June 17, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter M. Environmental Permitting Procedures › Section 5.553. Preliminary Decision; Notice and Public Comment

Sec. 5.553.  PRELIMINARY DECISION;  NOTICE AND PUBLIC COMMENT.  (a)  The executive director shall conduct a technical review of and issue a preliminary decision on the application.
(b)  The applicant shall publish notice of the preliminary decision in a newspaper.
(c)  The commission by rule shall establish the form and content of the notice, the manner of publication, and the duration of the public comment period.  The notice must include:
(1)  the information required by Sections 5.552(c)(1)-(5);
(2)  a summary of the preliminary decision;
(3)  the location at which a copy of the preliminary decision is available for review and copying as provided by Subsection (e);
(4)  a description of the manner in which comments regarding the preliminary decision may be submitted;  and
(5)  any other information the commission by rule requires.
(d)  In addition to providing notice under this section, the applicant shall comply with any applicable public notice requirements under Chapters 26 and 27 of this code, Chapter 361, Health and Safety Code, and rules adopted under those chapters.
(e)  The applicant shall make a copy of the preliminary decision available for review and copying at a public place in the county in which the facility is located or proposed to be located.
Added by Acts 1999, 76th Leg., ch. 1350, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter M. Environmental Permitting Procedures › Section 5.554. Public Meeting

Sec. 5.554.  PUBLIC MEETING.  During the public comment period, the executive director may hold one or more public meetings in the county in which the facility is located or proposed to be located.  The executive director shall hold a public meeting:
(1)  on the request of a member of the legislature who represents the general area in which the facility is located or proposed to be located;  or
(2)  if the executive director determines that there is substantial public interest in the proposed activity.
Added by Acts 1999, 76th Leg., ch. 1350, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter M. Environmental Permitting Procedures › Section 5.555. Response to Public Comments

Sec. 5.555.  RESPONSE TO PUBLIC COMMENTS.  (a)  The executive director, in accordance with procedures provided by commission rule, shall file with the chief clerk of the commission a response to each relevant and material public comment on the preliminary decision filed during the public comment period.
(b)  The chief clerk of the commission shall transmit the executive director's decision, the executive director's response to public comments, and instructions for requesting that the commission reconsider the executive director's decision or hold a contested case hearing to:
(1)  the applicant;
(2)  any person who submitted comments during the public comment period;  and
(3)  any person who requested to be on the mailing list for the permit action.
Added by Acts 1999, 76th Leg., ch. 1350, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter M. Environmental Permitting Procedures › Section 5.5553. Notice of Draft Permit

Sec. 5.5553.  NOTICE OF DRAFT PERMIT.  (a)  This section applies only to a permit application that is eligible to be referred for a contested case hearing under Section 5.556 or 5.557.
(b)  Notwithstanding any other law, not later than the 30th day before the date the commission issues a draft permit in connection with a permit application, the executive director shall provide written notice to the state senator and state representative of the area in which the facility that is the subject of the permit is located.
Added by Acts 2015, 84th Leg., R.S., Ch. 116 (S.B. 709), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter M. Environmental Permitting Procedures › Section 5.556. Request for Reconsideration or Contested Case Hearing

Sec. 5.556.  REQUEST FOR RECONSIDERATION OR CONTESTED CASE HEARING.  (a)  A person may request that the commission reconsider the executive director's decision or hold a contested case hearing.  A request must be filed with the commission during the period provided by commission rule.
(b)  The commission shall act on a request during the period provided by commission rule.
(c)  The commission may not grant a request for a contested case hearing unless the commission determines that the request was filed by an affected person as defined by Section 5.115.
(d)  The commission may not refer an issue to the State Office of Administrative Hearings for a hearing unless the commission determines that the issue:
(1)  involves a disputed question of fact;
(2)  was raised during the public comment period;  and
(3)  is relevant and material to the decision on the application.
(e)  If the commission grants a request for a contested case hearing it shall:
(1)  limit the number and scope of the issues to be referred to the State Office of Administrative Hearings for a hearing;  and
(2)  consistent with the nature and number of the issues to be considered at the hearing, specify the maximum expected duration of the hearing.
(f)  This section does not preclude the commission from holding a hearing if it determines that the public interest warrants doing so.
Added by Acts 1999, 76th Leg., ch. 1350, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter M. Environmental Permitting Procedures › Section 5.557. Direct Referral to Contested Case Hearing

Sec. 5.557.  DIRECT REFERRAL TO CONTESTED CASE HEARING.  (a)  Immediately after the executive director issues a preliminary decision on an application under Section 5.553, the commission, on the request of the applicant or the executive director, shall refer the application directly to the State Office of Administrative Hearings for a contested case hearing on whether the application complies with all applicable statutory and regulatory requirements.
(b)  Sections 5.554, 5.555, and 5.556 of this code and Sections 2003.047(e) and (f), Government Code, do not apply to an application referred for a hearing under Subsection (a).
(c)  Notwithstanding Subsection (b), the commission by rule shall provide for public comment and the executive director's response to public comment to be entered into the administrative record of decision on an application.
Added by Acts 2001, 77th Leg., ch. 935, Sec. 3, eff. June 14, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter M. Environmental Permitting Procedures › Section 5.558. Clean Coal Project Permitting

Sec. 5.558.  CLEAN COAL PROJECT PERMITTING.  (a)  As authorized by federal law, the commission by rule shall implement reasonably streamlined processes for issuing permits required to construct a component of the FutureGen project designed to meet the FutureGen emissions profile as defined by Section 382.0565, Health and Safety Code.
(b)  When acting under a rule adopted under Subsection (a), the commission shall use public meetings, informal conferences, or advisory committees to gather the opinions and advice of interested persons.
(c)  The permit processes authorized by this section are not subject to the requirements relating to a contested case hearing under this chapter, Chapter 382, Health and Safety Code, or Subchapters C-G, Chapter 2001, Government Code.
(d)  This section does not apply to an application for a permit to construct or modify a new or existing coal-fired electric generating facility that will use pulverized or supercritical pulverized coal.
Added by Acts 2005, 79th Leg., Ch. 1097 (H.B. 2201), Sec. 7, eff. June 18, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter M. -1. Permitting Procedures Generally › Section 5.581. Definition

Sec. 5.581.  DEFINITION.  In this subchapter, "permit" means a permit, approval, registration, or other form of authorization required by law for a person to engage in an action.
Added by Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 12, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter M. -1. Permitting Procedures Generally › Section 5.582. Applicability

Sec. 5.582.  APPLICABILITY.  This subchapter applies to programs and permits arising under the air, waste, or water programs within the commission's jurisdiction.
Added by Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 12, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter M. -1. Permitting Procedures Generally › Section 5.583. Electronic Publication of Notice

Sec. 5.583.  ELECTRONIC PUBLICATION OF NOTICE.  (a)  The commission shall publish notice of a permit application on the commission’s website and may provide additional electronic notice through other means, including direct e-mail.  Notice published under this section is in addition to any other notice requirement.
(b)  The commission shall consider and accommodate residents of each area affected by a proposed permit, permit amendment, or permit renewal who may need assistance accessing notice published by electronic means because of a lack of access to Internet services, particularly when there is a heightened public interest or in response to public comment.
Added by Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 12, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter M. -1. Permitting Procedures Generally › Section 5.584. Verification of Notice by Newspaper

Sec. 5.584.  VERIFICATION OF NOTICE BY NEWSPAPER.  If an applicant for a permit is required to publish notice in a newspaper, the applicant shall provide to the commission a copy of the published notice and an affidavit from the publisher certifying that the notice was published and the publication meets all applicable requirements, including newspaper circulation.
Added by Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 12, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter M. -1. Permitting Procedures Generally › Section 5.585. Security at Public Meeting or Public Hearing

Sec. 5.585.  SECURITY AT PUBLIC MEETING OR PUBLIC HEARING.  The commission may request that an applicant for a permit that is the subject of a public meeting or public hearing provide uniformed security at the meeting or hearing sufficient to provide for the safety of all attendees and orderly conduct at the meeting or hearing.
Added by Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 12, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter M. -1. Permitting Procedures Generally › Section 5.586. Notice to State Senator and State Representative

Sec. 5.586.  NOTICE TO STATE SENATOR AND STATE REPRESENTATIVE.  (a)  This section applies only to a permit application for which public notice is required.
(b)  The commission shall send notice of receipt of the application for a permit to each state senator and state representative who represent the area in which the facility or activity to which the application relates is or will be located.
Added by Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 12, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter M. -1. Permitting Procedures Generally › Section 5.587. Temporary and Indefinite Permit Reporting

Sec. 5.587.  TEMPORARY AND INDEFINITE PERMIT REPORTING.  (a)  This section does not apply to a person who holds a temporary permit or permit with an indefinite term that has a regular reporting requirement.
(b)  A person who holds a temporary permit or permit with an indefinite term shall report to the commission annually whether the activity subject to the permit is ongoing.
Added by Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 12, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter N. Estuary Management Plans › Section 5.601. Definitions

Sec. 5.601.  DEFINITIONS.  In this subchapter:
(1)  "Approved implementation program" means an implementation plan identified as part of an approved comprehensive conservation and management plan.
(2)  "Approved comprehensive conservation and management plan" means an estuary management plan that is prepared through the efforts of citizens, organizations, industries, local governments, and state and national agencies working together as part of the National Estuary Program to develop long-term comprehensive conservation and management plans (CCMPs) and that has been approved by the governor of Texas and the administrator of the United States Environmental Protection Agency to protect the environment and the economies of the state and of the regions with estuaries.  The term includes the plans for Galveston Bay and the Coastal Bend estuaries.
(3)  "Implementing agency" means the entity identified for day-to-day administration of an estuary program.  An implementing agency may be a state agency or other local or regional entity, as identified in an approved estuary management plan.
(4)  "National Estuary Program" means the cooperative estuary management program authorized by and developed under Section 320 of the Federal Water Pollution Control Act (33 U.S.C. Section 1330), as amended.
Added by Acts 1999, 76th Leg., ch. 287, Sec. 1, eff. Aug. 30, 1999.  Renumbered from Sec. 5.551 by Acts 2001, 77th Leg., ch. 1420, Sec.  21.001(114), eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter N. Estuary Management Plans › Section 5.602. Recognition of National Significance of Estuaries of Texas Coast

Sec. 5.602.  RECOGNITION OF NATIONAL SIGNIFICANCE OF ESTUARIES OF TEXAS COAST.  The state recognizes the state and national significance of estuaries on the Texas coast and that the cooperative efforts created by the National Estuary Program serve a public and state purpose.  By virtue of that state purpose, an approved implementation program established under the National Estuary Program is eligible to receive state funds through a grant program administered by the commission.
Added by Acts 1999, 76th Leg., ch. 287, Sec. 1, eff. Aug. 30, 1999.  Renumbered from Sec. 5.552 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(114), eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter N. Estuary Management Plans › Section 5.603. Finding of Benefit and Public Purpose

Sec. 5.603.  FINDING OF BENEFIT AND PUBLIC PURPOSE.  The state recognizes the importance of implementing estuary management plans by protecting and improving water quality and restoring estuarine habitat that makes the bays and estuaries productive, protecting the economies of those areas, and continuing the involvement of the public and the many interests who use and appreciate the estuarine resources of Texas.  State and local government participation in estuary programs to protect natural resources serves a public use and benefit.  The state and the implementing agencies recognize the prerogatives of local governments and the sanctity of private property rights.  No action by an estuary program is intended to usurp the authority of any local government.  A local government's participation in or withdrawal from an estuary program is at the sole discretion of the local government and is subject only to the local government's obligation to complete any financial commitment it has made.
Added by Acts 1999, 76th Leg., ch. 287, Sec. 1, eff. Aug. 30, 1999.  Renumbered from Sec. 5.553 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(114), eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter N. Estuary Management Plans › Section 5.604. Lead State Agency

Sec. 5.604.  LEAD STATE AGENCY.  The commission is the lead state agency for the implementation of approved comprehensive conservation and management plans developed under the National Estuary Program.  The commission may accept federal grants for purposes of this subchapter and may award grants and enter into contracts with an implementing agency for the implementation of approved plans under this subchapter.
Added by Acts 1999, 76th Leg., ch. 287, Sec. 1, eff. Aug. 30, 1999.  Renumbered from Sec. 5.554 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(114), eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter N. Estuary Management Plans › Section 5.605. State Agency Participation

Sec. 5.605.  STATE AGENCY PARTICIPATION.  (a)  The following state agencies shall participate and provide assistance to the estuary programs in implementing approved comprehensive conservation and management plans:
(1)  the General Land Office;
(2)  the Parks and Wildlife Department;
(3)  the Texas Department of Transportation;
(4)  the Railroad Commission of Texas;
(5)  the State Soil and Water Conservation Board;
(6)  the Texas Water Development Board;  and
(7)  the Texas Department of Health.
(b)  Other state agencies may participate as necessary or convenient.
Added by Acts 1999, 76th Leg., ch. 287, Sec. 1, eff. Aug. 30, 1999.  Renumbered from Sec. 5.555 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(114), eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter N. Estuary Management Plans › Section 5.606. Estuary Program Offices

Sec. 5.606.  ESTUARY PROGRAM OFFICES.  To accomplish the purposes of this subchapter, the estuary program office of any estuary of the state included in the National Estuary Program and for which the commission is the implementing agency shall be maintained in the region of the estuary involved.
Added by Acts 1999, 76th Leg., ch. 287, Sec. 1, eff. Aug. 30, 1999.  Renumbered from Sec. 5.556 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(114), eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter N. Estuary Management Plans › Section 5.607. Implementation Funding

Sec. 5.607.  IMPLEMENTATION FUNDING.  Funding for the implementation of approved comprehensive conservation and management plans is to be shared by the state, local governments in the area of the estuaries, the federal government, and other participants.
Added by Acts 1999, 76th Leg., ch. 287, Sec. 1, eff. Aug. 30, 1999.  Renumbered from Sec. 5.557 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(114), eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter N. Estuary Management Plans › Section 5.608. Eligibility for State Funding

Sec. 5.608.  ELIGIBILITY FOR STATE FUNDING.  A comprehensive conservation and management plan is eligible for state funding to assist in implementation of the plan if:
(1)  the estuary involved has been designated jointly by the governor and the United States Environmental Protection Agency as an estuary of national significance in accordance with Section 320 of the Federal Water Pollution Control Act (33 U.S.C. Section 1330), as amended;  and
(2)  the comprehensive conservation and management plan for the estuary involved, together with the accompanying implementation plan, has been completed and approved.
Added by Acts 1999, 76th Leg., ch. 287, Sec. 1, eff. Aug. 30, 1999.  Renumbered from Sec. 5.558 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(114), eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter N. Estuary Management Plans › Section 5.609. Administration

Sec. 5.609.  ADMINISTRATION.  The commission, as the lead state agency for administering the state's share of funds, and any state agency designated as an implementing agency for an approved comprehensive conservation and management plan may accept and make grants and enter into contracts to accomplish the actions identified in the approved plan and to further the purposes of this subchapter.
Added by Acts 1999, 76th Leg., ch. 287, Sec. 1, eff. Aug. 30, 1999.  Renumbered from Sec. 5.559 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(114), eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter P. Fees › Section 5.702. Payment of Fees Required When Due

Sec. 5.702.  PAYMENT OF FEES REQUIRED WHEN DUE.  (a)  A fee due the commission under this code or the Health and Safety Code shall be paid on the date the fee is due, regardless of whether the fee is billed by the commission to the person required to pay the fee or is calculated and paid to the commission by the person required to pay the fee.
(b)  A person required to pay a fee to the commission may not dispute the assessment of or amount of a fee before the fee has been paid in full.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 3.03, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter P. Fees › Section 5.703. Fee Adjustments

Sec. 5.703.  FEE ADJUSTMENTS.  (a)  The commission may not consider adjusting the amount of a fee due the commission under this code or the Health and Safety Code:
(1)  before the fee has been paid in full;  or
(2)  if the request for adjustment is received after the first anniversary of the date on which the fee was paid in full.
(b)  A person who pays an amount that exceeds the amount of the fee due because the commission incorrectly calculated the fee or the person made a duplicate payment may request a refund of the excess amount paid before the fourth anniversary of the date on which the excess amount was paid.
(c)  A request for a refund or credit in an amount that exceeds $5,000 shall be forwarded for approval to the commission fee audit staff, together with an explanation of the grounds for the requested refund or credit.  Approval of a refund or credit does not prevent the fee audit staff from conducting a subsequent audit of the person for whom the refund or credit was approved.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 3.03, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter P. Fees › Section 5.704. Notice of Change in Payment Procedure

Sec. 5.704.  NOTICE OF CHANGE IN PAYMENT PROCEDURE.  The commission shall promptly notify each person required to pay a commission fee under this code or the Health and Safety Code of any change in fee payment procedures.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 3.03, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter P. Fees › Section 5.705. Notice of Violation

Sec. 5.705.  NOTICE OF VIOLATION.  (a)  The commission may issue a notice of violation to a person required to pay a commission fee under this code or the Health and Safety Code for knowingly violating reporting requirements or knowingly calculating the fee in an amount less than the amount actually due.
(b)  The executive director may modify audit findings reported by a commission fee auditor only if the executive director provides a written explanation showing good cause for the modification.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 3.03, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter P. Fees › Section 5.706. Penalties and Interest on Delinquent Fees

Sec. 5.706.  PENALTIES AND INTEREST ON DELINQUENT FEES.  (a)  Except as otherwise provided by law, the commission may collect, for a delinquent fee due the commission under this code or the Health and Safety Code:
(1)  a penalty in an amount equal to five percent of the amount of the fee due, if the fee is not paid on or before the day on which the fee is due;  and
(2)  an additional penalty in an amount equal to five percent of the amount due, if the fee is not paid on or before the 30th day after the date on which the fee was due.
(b)  Unless otherwise required by law interest accrues, beginning on the 61st day after the date on which the fee was due, on the total amount of fee and penalties that have not been paid on or before the 61st day after the date on which the fee was due.  The yearly interest rate is the rate of interest established for delinquent taxes under Section 111.060, Tax Code.
(c)  The executive director may modify a penalty or interest on a fee and penalties authorized by this section if the executive director provides a written explanation showing good cause for the modification.
(d)  Penalties and interest collected by the commission under this section or under other law, unless that law otherwise provides, shall be deposited to the credit of the fund or account to which the fee is required to be deposited.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 3.03, eff. Sept. 1, 2001.