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 I. Enforcement; Administrative Orders Concerning Imminent and Substantial Endangerment › Section 361.274. No Prior Notice Concerning Administrative Order

Sec. 361.274.  NO PRIOR NOTICE CONCERNING ADMINISTRATIVE ORDER.  An administrative order under Section 361.272 does not require prior notice or an adjudicative hearing before the commission.  An emergency administrative order may be issued under Subchapter L, Chapter 5, Water Code.
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;  Acts 1997, 75th Leg., ch. 1072, Sec. 35, 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 I. Enforcement; Administrative Orders Concerning Imminent and Substantial Endangerment › Section 361.276. Apportionment of Liability

Sec. 361.276.  APPORTIONMENT OF LIABILITY.  (a)  If the release or threatened release caused by a person's acts or omissions is proved by a preponderance of the evidence to be divisible, that person is liable only for the elimination of that release or threatened release attributable to the person.  If the release or threatened release is not proved to be divisible, persons liable under Section 361.272 or 361.273 are jointly and severally liable for eliminating the release or threatened release.
(b)  In this section, "divisible" means that the waste released or threatened to be released has been and is capable of being managed separately under the remedial action plan.
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 I. Enforcement; Administrative Orders Concerning Imminent and Substantial Endangerment › Section 361.277. Effect of Settlement Agreement With State

Sec. 361.277.  EFFECT OF SETTLEMENT AGREEMENT WITH STATE.  (a)  If fewer than all of the persons identified as liable under this subchapter agree with the state to take remedial action to abate an actual or threatened release of solid waste that is an imminent and substantial endangerment to the public health and safety or the environment under an administrative order issued under section 361.272 or an action filed by the state under this subchapter, the state may seek a judgment against a nonsettling person for the total amount of the cost of the remedial action minus that amount the settling persons agree to pay or spend.
(b)  A person who enters a settlement agreement with the state that resolves all liability of the person to the state for a site subject to Subchapter F is released from liability to a person described by Section 361.344(a) for cost recovery, contribution, or indemnity under Section 361.344 regarding a matter addressed in the settlement agreement.
(c)  A settlement agreement does not discharge the liability of a nonsettling person to the state unless the agreement provides otherwise.
(d)  Notwithstanding Subsection (c), a settlement agreement reduces the potential liability to the state of the nonsettling persons by the amount of the settlement.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 793, Sec. 12, 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 I. Enforcement; Administrative Orders Concerning Imminent and Substantial Endangerment › Section 361.278. Liability of Engineer or Contractor

Sec. 361.278.  LIABILITY OF ENGINEER OR CONTRACTOR.  (a)  An engineer or contractor performing a program of remedial action or cleanup of hazardous waste or solid waste under a contract with a state agency or political subdivision of the state is liable under this subchapter for any negligent act or omission or for wilful misconduct that results in an actual or threatened release of hazardous waste or solid waste after the abandonment or conclusion of the program only to the extent that the endangerment to public health and safety or the environment is aggravated as a result of the act, omission, or misconduct.
(b)  In this section, "engineer or contractor" means a person, including the employee or subcontractor of the person, who performs a contract for evaluation, planning, designing, engineering, construction, equipment, or auxiliary services in connection with:
(1)  identifying a hazardous or solid waste site;
(2)  developing a plan to clean up the site;  or
(3)  supervising or implementing the plan to clean up the site.
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 I. Enforcement; Administrative Orders Concerning Imminent and Substantial Endangerment › Section 361.279. Contracts With State

Sec. 361.279.  CONTRACTS WITH STATE.  A state agency contracting for services or products shall consider whether the person proposing to contract with the state has been adjudicated during the preceding three-year period to have committed substantive, nonclerical violations resulting in an actual release of hazardous waste that presented an imminent and substantial danger to the public health and safety or the environment.
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 J. Enforcement; Emergency Order; Corrective Action › Section 361.301. Emergency Order

Sec. 361.301.  EMERGENCY ORDER.  The commission may issue an emergency mandatory, permissive, or prohibitory order concerning an activity of solid waste management under its jurisdiction under Section 5.512, Water Code, even if the activity is not covered by a permit.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.70, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 36, 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 K. Appeals; Joinder of Parties › Section 361.321. Appeals

Sec. 361.321.  APPEALS.  (a)  A person affected by a ruling, order, decision, or other act of the commission may appeal the action by filing a petition in a district court of Travis County in the time required by Section 5.351, Water Code.
(b)  A person affected by a ruling, order, decision, or other act of a county, or of a political subdivision exercising the authority granted by Section 361.165, may appeal by filing a petition in a district court with jurisdiction in the county or political subdivision.
(c)  A petition described by Subsection (b) must be filed not later than the 30th day after the date of the ruling, order, decision, or other act of the governmental entity whose action is appealed.  Service of citation of the petition must be accomplished not later than the 30th day after the date on which the petition is filed.
(d)  The plaintiff shall pursue the action with reasonable diligence. The court shall presume that the action has been abandoned if the plaintiff does not prosecute the action within one year after it is filed and shall dismiss the suit on a motion for dismissal made by the governmental entity whose action is appealed unless the plaintiff, after receiving notice, can show good and sufficient cause for the delay.
(e)  Except as provided by Section 361.322(e), in an appeal from an action of the commission, a county, or a political subdivision exercising the authority granted by Section 361.165, the issue is whether the action is invalid, arbitrary, or unreasonable.
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. 28, eff. Sept. 6, 1990;  Acts 1995, 74th Leg., ch. 76, Sec. 11.71, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 174 (S.B. 211), Sec. 1, eff. September 1, 2021.
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 K. Appeals; Joinder of Parties › Section 361.323. Joinder of Parties in Action Filed by State

Sec. 361.323.  JOINDER OF PARTIES IN ACTION FILED BY STATE.  (a)  In an action brought by the attorney general under Section 361.273 seeking an injunction to eliminate a release or threatened release, the attorney general shall, and a party may, join as a party a person reasonably believed to be liable for the release or threatened release in accordance with Section 361.272.
(b)  Failure of the attorney general or a party to name or join a person as a party is not a defense to an action against that person for contribution or indemnity.
(c)  In an action brought by the attorney general under Section 361.273, the district court shall grant relief on the grounds provided by Section 361.322(d), and Sections 361.322(f) and (g) apply to the action.
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 L. Cost Recovery › Section 361.341. Cost Recovery by State

Sec. 361.341.  COST RECOVERY BY STATE.  (a)  The state is entitled to recover reasonable attorney's fees, reasonable costs to prepare and provide witnesses, and reasonable costs of investigating and assessing the facility or site if it prevails in:
(1)  an appeal of an administrative order issued under Section 361.272 or Section 361.188;
(2)  an action to enforce such an administrative order;
(3)  a civil suit seeking injunctive relief under Section 361.273;  or
(4)  a cost recovery suit under Section 361.197.
(b)  The court shall apportion the costs among liable parties as it determines is equitable and just.
(c)  All such costs recovered by the state under Subchapter F  shall be remitted to the commission and deposited to the credit of a separate account of the hazardous waste disposal fee fund.  All other costs recovered by the state under Sections 361.271 through 361.277 shall be remitted to the commission and deposited to the credit of a separate account of the hazardous waste generation and facility fees fund.
(d)  If an appeal or third party claim is found by the court to be frivolous, unreasonable, or without foundation, the court may assess damages against the party bringing the appeal or third party claim in an amount not to exceed triple the costs incurred by the state or the third party defendant, including reasonable attorney's fees, reasonable costs of preparing and providing witnesses, and reasonable costs of studies, analyses, engineering reports, tests, or other projects the court finds were necessary for the preparation of the party's case.
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. 28, eff. Sept. 6, 1990;  Acts 1993, 73rd Leg., ch. 552, Sec. 2, eff. June 8, 1993.
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 L. Cost Recovery › Section 361.342. Cost Recovery by Appealing or Contesting Party

Sec. 361.342.  COST RECOVERY BY APPEALING OR CONTESTING PARTY.  If the court finds that an administrative order referred to by Section 361.341 is frivolous, unreasonable, or without foundation with respect to a party named by the order, the party appealing or contesting the order is entitled to recover from the state its reasonable:
(1)  attorney's fees;
(2)  costs to prepare and provide witnesses;  and
(3)  costs of studies, analyses, engineering reports, tests, or other projects the court finds were necessary to prepare the party's case.
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 L. Cost Recovery › Section 361.343. Apportionment of Costs

Sec. 361.343.  APPORTIONMENT OF COSTS.  (a)  Apportionment of costs for the elimination of the release or threatened release of solid waste among the persons responsible for solid waste under Section 361.271 shall be made according to:
(1)  the relationship between the parties' actions in storing, processing, and disposing of solid waste and the remedy required to eliminate the release or threatened release;
(2)  the volume of solid waste each party is responsible for at the solid waste facility or site to the extent that the costs of the remedy are based on the volume of solid waste present;
(3)  consideration of toxicity or other waste characteristics if those characteristics affect the cost to eliminate the release or threatened release;  and
(4)  a party's cooperation with state agencies, its cooperation or noncooperation with the pending efforts to eliminate the release or threatened release, or a party's actions concerning storing, processing, or disposing of solid waste, as well as the degree of care that the party exercised.
(b)  In apportioning costs under Subsection (a), the court shall credit against a responsible party's share of the costs of eliminating a release or threatened release of solid waste the party's expenditures related to the cleanup at issue if the commission or the executive director approves the cleanup.  If the expenditures were made before the property was proposed to be listed on the state registry and the commission or the executive director approves the cleanup, the court shall also reduce in an equitable and just manner the party's proportionate share of the costs.
(c)  The apportionment of costs only adjusts the rights of parties identified by Section 361.271 and does not affect a person's liability to the state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 793, Sec. 13, 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 L. Cost Recovery › Section 361.344. Cost Recovery by Liable Party or Third Party

Sec. 361.344.  COST RECOVERY BY LIABLE PARTY OR THIRD PARTY.  (a)  A person who conducts a removal or remedial action that is approved by the commission and is necessary to address a release or threatened release may bring suit in a district court to recover the reasonable and necessary costs of that action and other costs as the court, in its discretion, considers reasonable.  This right is in addition to the right to file an action for contribution, indemnity, or both in an appeal proceeding or in an action brought by the attorney general.
(b)  Venue for the suit is:
(1)  in the county in which the release or threatened release is or was located;  or
(2)  in any other county in which venue is proper under Chapter 15, Civil Practice and Remedies Code.
(c)  To recover costs under this section in a proceeding that is not an appeal proceeding or an action brought by the attorney general under this subchapter, the person seeking cost recovery must have made reasonable attempts to notify the person against whom cost recovery is sought:
(1)  of the existence of the release or threatened release;  and
(2)  that the person seeking cost recovery intended to take steps to eliminate the release or threatened release.
(d)  The court shall determine the amount of cost recovery according to the criteria prescribed by Section 361.343.
(e)  A fact determination or ruling by a district court in an appeal of an administrative order under Section 361.322 is not res judicata or collateral estoppel as to an issue brought in a proceeding under this section concerning a party not joined in the appeal.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 20.02, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 793, Sec. 14, 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 L. Cost Recovery › Section 361.345. Creation of Rights

Sec. 361.345.  CREATION OF RIGHTS.  Subchapter I  and Section 361.344 and the enforcement by the commission of that subchapter and section do not:
(1)  create rights or causes of action on behalf of a person other than those expressly stated by this chapter;  or
(2)  change common law or a rule of decision except as limited by this chapter to actions by the commission to eliminate an actual release or threatened release of solid waste that is an imminent and substantial endangerment to the public health and safety or the environment.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.73, 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 M. Removal and Remedial Action Agreements › Section 361.402. Commission Duties and Powers

Sec. 361.402.  COMMISSION DUTIES AND POWERS.  (a)  The commission shall:
(1)  administer this subchapter;  and
(2)  cooperate with municipalities and with agencies, departments, and political subdivisions of this state and the United States and its agencies in implementing this section and the environmental response law.
(b)  The commission may:
(1)  enter into contracts and cooperative agreements with the federal government to carry out removal and remedial action for a specific disposal facility as authorized by Section 104(c)(3) of the environmental response law or to carry out removal and remedial action with regard to a disposal facility under Section 104(d)(1) of the environmental response law;
(2)  after notice and hearing, authorize the executive director to enter into contracts and cooperative agreements on behalf of the commission under Subdivision (1) under terms and conditions stated in the commission's order;  and
(3)  when acting under a cooperative agreement with the federal government under Subdivision (1), undertake the enforcement and remedial actions authorized under the environmental response law as may be reasonably necessary, in lieu of or in conjunction with actions by the federal government.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 30, 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 M. Removal and Remedial Action Agreements › Section 361.403. Terms and Conditions of Agreements; Costs

Sec. 361.403.  TERMS AND CONDITIONS OF AGREEMENTS;  COSTS.  (a)  If the commission enters into a contract or cooperative agreement under Section 104(c)(3) of the environmental response law, the commission shall include in the contract or agreement terms and conditions to:
(1)  assure future maintenance of the removal and remedial actions provided for the expected life of those actions as determined by the federal government;
(2)  assure the availability of a hazardous waste disposal facility acceptable to the federal government that complies with Subchapter III of the federal Solid Waste Disposal Act (42 U.S.C. Section 6921 et seq.) for any necessary off-site storage, destruction, treatment, or secure disposition of the hazardous substances, pollutants, or contaminants;  and
(3)  assure payment by the state of:
(A)  10 percent of the costs of the remedial actions, including future maintenance;  or
(B)  at least 50 percent or more of the costs as determined appropriate by the federal government, taking into account the degree of responsibility of the state for any amount spent in response to a release at a disposal facility that was owned by the state at the time of disposal of hazardous substances at the disposal facility.
(b)  A contract entered into with the federal government under Section 104(d)(1) of the environmental response law is subject to the same cost-sharing requirements provided for contracts in Subsection (a)(3).
(c)  The state's share of reasonable response costs shall be paid from the fund.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 30, 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 M. Removal and Remedial Action Agreements › Section 361.404. Cooperation With Federal Government

Sec. 361.404.  COOPERATION WITH FEDERAL GOVERNMENT.  (a)  Before entering into a contract or cooperative agreement under Section 361.402, the commission shall consult and work with the federal government in determining the response that will be necessary under the contract or cooperative agreement with regard to the particular disposal facility.
(b)  The commission shall collect and shall file with the federal government any information required by the environmental response law  and rules adopted under that law.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 30, 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 N. Waste Reduction Programs; Disposal Fees › Section 361.4215. Mass Balance Attribution

Sec. 361.4215.  MASS BALANCE ATTRIBUTION.  The commission by rule shall identify third-party certification systems for mass balance attribution that may be used for the purposes of Sections 361.421(6) and (6-a).
Added by Acts 2023, 88th Leg., R.S., Ch. 237 (H.B. 3060), Sec. 6, eff. May 27, 2023.
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 N. Waste Reduction Programs; Disposal Fees › Section 361.422. State Source Reduction and Recycling Goal

Sec. 361.422.  STATE SOURCE REDUCTION AND RECYCLING GOAL.  (a)  It is the state's goal to reduce by January 1, 1994, the amount of municipal solid waste disposed of in this state by at least 40 percent through source reduction and recycling.
(b)  In this section, "total municipal solid waste stream" means the sum of the state's total municipal solid waste that is disposed of as solid waste, measured in tons, and the total number of tons of recyclable material that has been diverted or recovered from the total municipal solid waste and recycled.
(c)  The commission shall establish rules and reporting requirements through which progress toward achieving the established source reduction and recycling goals can be measured.  The rules may take into consideration those ongoing community source reduction and recycling programs where substantial progress has already been achieved.  The commission may also establish a limit on the amount of credit that may be given to certain high-volume materials in measuring recycling progress.
(d)  For the purpose of measuring progress toward the municipal solid waste reduction goal, the commission shall use the weight of the total municipal solid waste stream in 1991 as a baseline for comparison.  To compute progress toward the municipal solid waste reduction goal for a year, the commission shall compare the total number of tons disposed in the year under comparison, either by landfilling or by other disposal methods, to the total number of tons disposed in the base year, adjusting for changes in population, tons of solid waste imported and exported, and other relevant changes between the baseline year and the comparison year.
(e)  Before January 1, 1994, the commission shall determine whether the goal established in Subsection (a) is being achieved.  If the commission finds that the goal is not being achieved, it shall convene an advisory task force consisting of representatives of the commission, local governments, the Municipal Solid Waste Management and Resource Recovery Advisory Council, and the commercial solid waste disposal industry and may recommend to the legislature a phased-in ban on the disposal of yard waste in a landfill.  The task force may recommend a plan to the legislature for implementing the ban after considering how the ban will:
(1)  affect the state's disposal capacity;
(2)  affect the economy of the state;
(3)  affect local governments;  and
(4)  be accepted and adhered to by the citizens of the state.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 899, Sec. 4.02, eff. Oct. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.75, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 80, 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 N. Waste Reduction Programs; Disposal Fees › Section 361.425. Governmental Entity Recycling

Sec. 361.425.  GOVERNMENTAL ENTITY RECYCLING.  (a)  A state agency, state court or judicial agency, a university system or institution of higher education, a county, municipality, school district, or special district shall:
(1)  in cooperation with the comptroller or the commission establish a program for the separation and collection of all recyclable materials generated by the entity's operations, including, at a minimum, aluminum, steel containers, aseptic packaging and polycoated paperboard cartons, high-grade office paper, and corrugated cardboard;
(2)  provide procedures for collecting and storing recyclable materials, containers for recyclable materials, and procedures for making contractual or other arrangements with buyers of recyclable materials;
(3)  evaluate the amount of recyclable material recycled and modify the recycling program as necessary to ensure that all recyclable materials are effectively and practicably recycled; and
(4)  establish educational and incentive programs to encourage maximum employee participation.
(b)  The commission:
(1)  by order shall exempt from compliance with this section:
(A)  a municipality with a population of less than 5,000 if the commission finds that compliance would work a hardship on the municipality;
(B)  a school district with a student enrollment of fewer than 10,000 students; and
(C)  an entity described by Subsection (a) if:
(i)  the entity petitions the commission for an exemption; and
(ii)  the commission finds that compliance would work a hardship on the entity; and
(2) shall adopt rules for administering this subsection.
(c)  Expired.
(d)  In this section, "recyclable materials" includes materials in the entity's possession that have been abandoned or disposed of by the entity's officers or employees or by any other person.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 899, Sec. 4.03, eff. Oct. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.77, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.92, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 2.02, eff. June 4, 2019.
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 N. Waste Reduction Programs; Disposal Fees › Section 361.426. Governmental Entity Preference for Recycled Products

Sec. 361.426.  GOVERNMENTAL ENTITY PREFERENCE FOR RECYCLED PRODUCTS.  (a)  A state agency, state court, or judicial agency not subject to Subtitle D, Title 10, Government Code, a county, municipality, school district, junior or community college district, or special district shall give preference in purchasing to products made of recycled materials if the products meet applicable specifications as to quantity and quality.
(b)  An entity subject to this section regularly shall review and revise its procurement procedures and specifications for the purchase of goods, supplies, equipment, and materials in order to:
(1)  eliminate procedures and specifications that explicitly discriminate against products made of recycled materials;
(2)  encourage the use of products made of recycled materials;  and
(3)  ensure to the maximum extent economically feasible that the entity purchases products that may be recycled when they have served their intended use.
(c)  In developing new procedures and specifications, the entity shall encourage the use of recycled products and products that may be recycled or reused.
(d)  The commission:
(1)  by order shall exempt from compliance with this section:
(A)  a municipality with a population of less than 5,000 if the commission finds that compliance would work a hardship on the municipality;
(B)  a school district with a student enrollment of fewer than 10,000 students; and
(C)  an entity described by Subsection (a) if:
(i)  the entity petitions the commission for an exemption; and
(ii)  the commission finds that compliance would work a hardship on the entity; and
(2) shall adopt rules for administering this subsection.
(e)  Expired.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.78, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 17.19, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 2.03, eff. June 4, 2019.
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 N. Waste Reduction Programs; Disposal Fees › Section 361.427. Specifications for Recycled Products

Sec. 361.427.  SPECIFICATIONS FOR RECYCLED PRODUCTS.  (a)  The commission, in consultation with the comptroller, shall promulgate rules to establish guidelines by which a product is eligible to be considered a recycled product based on:
(1)  the percent of the total content of a product that consists of recycled material; or
(2)  the portion of the total content of a product that is determined to consist of recycled material according to a third-party certification system for mass balance attribution identified by the commission under Section 361.4215.
(b)  The guidelines established under this section shall specify a minimum percent of the recycled material in a product which must be postconsumer waste or post-use polymers.
(c)  The guidelines established under this section shall be classified by types of products.
(d)  The commission's guidelines shall be established taking into consideration the guidelines promulgated by the Environmental Protection Agency for federal procurement of recycled products as authorized by the Solid Waste Disposal Act (42 U.S.C. Sec. 3259 et seq.).
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.79, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.93, eff. September 1, 2007.
Acts 2023, 88th Leg., R.S., Ch. 237 (H.B. 3060), Sec. 7, eff. May 27, 2023.
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 N. Waste Reduction Programs; Disposal Fees › Section 361.428. Composting Program

Sec. 361.428.  COMPOSTING PROGRAM.  (a)  The commission shall put in place incentives for a composting program that is capable of achieving at least a 15 percent reduction in the amount of the municipal solid waste stream that is disposed of in landfills by January 1, 1994.
(b)  The commission shall adopt rules establishing minimum standards and guidelines for the issuance of permits for processes or facilities that produce compost that is the product of material from the typical mixed solid waste stream generated by residential, institutional, commercial, or industrial sources.  A reduction in the mixed solid waste stream that occurs as a result of the beneficial reuse of compost produced by a facility permitted under this subsection shall be used in achieving the goal established under Section 361.422.  The minimum standards must include end-product standards and a definition of beneficial reuse.  The commission shall consider regulations issued by the United States Environmental Protection Agency in developing minimum standards.  Beneficial reuse does not include landfilling or the use of compost as daily landfill cover.
(c)  A composting facility may not accept mixed municipal solid waste from a governmental unit for composting purposes at that facility unless residents have reasonable access to household hazardous waste collection and source-separated recycling programs in the area.  The commission shall establish standards for household hazardous waste collection programs and source-separated recycling programs that qualify under this section.
(d)  A person may not commercially compost grease trap waste, as defined by the commission, unless the person has first obtained a permit for composting grease trap waste issued by the commission under this section on or after September 1, 2003.
(e)  The permit to compost grease trap waste must meet the minimum standards of a permit issued under rules adopted under Subsection (b).
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 899, Sec. 1.13, eff. Aug. 30, 1993;  Acts 2003, 78th Leg., ch. 596, Sec. 1, eff. June 20, 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 N. Waste Reduction Programs; Disposal Fees › Section 361.429. Household Hazardous Waste

Sec. 361.429.  HOUSEHOLD HAZARDOUS WASTE.  The commission shall develop standards for household hazardous waste diversion programs such as collection facilities or waste collection days for municipalities, counties, or regions.  The commission's waste management financial assistance program described in Section 363.092 shall be expanded to include matching grants for costs of planning and implementing approved household hazardous waste diversion programs, excluding costs of disposal.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.80, 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 N. Waste Reduction Programs; Disposal Fees › Section 361.431. Prioritization of New Technology

Sec. 361.431.  PRIORITIZATION OF NEW TECHNOLOGY.  (a)  A political subdivision or solid waste producer shall give preference in contracting for the disposal of solid waste to license or permit holders who use processes and technologies that reduce the volume of sludge and hazardous waste that is being disposed of through beneficial use land application, landfill disposal, and other methods.
(b)  Technology that reduces the volume of solid waste, destroys the solid waste, or renders the solid waste inert is preferred to methods referred to under Subsection (a), to minimize the possibility of hazardous materials entering the state's air, waterways, and water sources.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 9.06, eff. Sept. 1, 2001.
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 O. Lead-Acid Batteries › Section 361.451. Land Disposal Prohibited

Sec. 361.451.  LAND DISPOSAL PROHIBITED.  (a)  No person may place a used lead-acid battery in mixed municipal solid waste nor discard or otherwise dispose of a lead-acid battery except by delivery to:
(1)  a battery retailer or wholesaler;
(2)  a secondary lead smelter;  or
(3)  a collection or recycling facility authorized under the laws of this state or by the United States Environmental Protection Agency.
(b)  No battery retailer shall dispose of a used lead-acid battery except by delivery to:
(1)  a battery wholesaler or a secondary lead smelter, or an agent thereof;
(2)  a battery manufacturer for delivery to a secondary lead smelter;  or
(3)  a collection or recycling facility authorized under the laws of this state or by the United States Environmental Protection Agency.
(c)  Repealed by Acts 1997, 75th Leg., ch. 1072, Sec. 60(b)(3), eff. Sept. 1, 1997.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 1072, Sec. 60(b)(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 O. Lead-Acid Batteries › Section 361.452. Collection for Recycling

Sec. 361.452.  COLLECTION FOR RECYCLING.  A person selling lead-acid batteries at retail or offering lead-acid batteries for retail sale in this state shall:
(1)  accept from each customer, if offered, at least one but not more than three lead-acid batteries for recycling;  and
(2)  post written notice, which must be at least 8-1/2 inches by 11 inches in size, containing the universal recycling symbol and the following language:
(A)  "It is illegal to discard or improperly dispose of a motor-vehicle battery or other lead-acid battery.";
(B)  "Recycle your used batteries.";  and
(C)  "State law requires us to accept used motor-vehicle batteries or other lead-acid batteries for recycling."
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 899, Sec. 1.14, eff. Aug. 30, 1993.
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 O. Lead-Acid Batteries › Section 361.453. Inspection of Battery Retailers

Sec. 361.453.  INSPECTION OF BATTERY RETAILERS.  The commission shall produce, print, and distribute the notices required by Section 361.452 to all places where lead-acid batteries are offered for sale at retail.  In performing its duties under this section the commission may inspect any place, building, or premises governed by Section 361.452. Failure to post the required notice within three days following warning shall subject the establishment to an administrative or a civil penalty under Chapter 7, Water Code.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.82, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 37, 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 O. Lead-Acid Batteries › Section 361.454. Lead-Acid Battery Wholesalers

Sec. 361.454.  LEAD-ACID BATTERY WHOLESALERS.  Any person selling new lead-acid batteries at wholesale shall accept from customers, at the point of transfer, used lead-acid batteries for recycling, if offered by customers.  A person accepting batteries in transfer from a battery retailer shall remove batteries from the retail point of collection within 90 days after acceptance.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 899, Sec. 1.15, eff. Aug. 30, 1993.
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 Q. Pollution Prevention › Section 361.502. Policy and Goals for Source Reduction and Waste Minimization

Sec. 361.502.  POLICY AND GOALS FOR SOURCE REDUCTION AND WASTE MINIMIZATION.  (a)  It is the policy of the state to reduce pollution at its source and to minimize the impact of pollution in order to reduce risk to public health and the environment and continue to enhance the quality of air, land, and waters of the state where feasible.
(b)  Source reduction is the primary goal of the state in implementing this policy because hazardous wastes, pollutants, and contaminants that are not generated or produced pose no threat to the environment and eliminate societal management and disposal costs.
(c)  To further promote this policy, hazardous wastes, pollutants, and contaminants that cannot be reduced at the source should be minimized wherever possible.  Waste minimization, while secondary in preference to source reduction, is an important means for achieving more effective protection of public health and the environment while moving toward source reduction.
Added by Acts 1991, 72nd Leg., ch. 296, Sec. 2.01, eff. June 7, 1991.  Renumbered from Sec. 361.432 by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.028(a), eff. Aug. 12, 1991.
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 Q. Pollution Prevention › Section 361.503. Commission Plans

Sec. 361.503.  COMMISSION PLANS.  (a)  Consistent with state and federal regulations, to achieve the policies stated in Section 361.502, the commission by rule shall, to the maximum extent that is technologically and economically feasible:
(1)  develop plans to reduce the release of pollutants or contaminants into the air;
(2)  develop plans to reduce the release of pollutants or contaminants into water;  and
(3)  establish reasonable goals for the reduction of the volume of hazardous waste generated in the state and the amount of pollutants and contaminants using source reduction and waste minimization.
(b)  The commission by rule shall develop a list of pollutants or contaminants and the level of releases of those pollutants or contaminants subject to source reduction and waste minimization planning.
Added by Acts 1991, 72nd Leg., ch. 296, Sec. 2.01, eff. June 7, 1991.  Renumbered from Sec. 361.433 and amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.028(a), eff. Aug. 12, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.84, 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 Q. Pollution Prevention › Section 361.504. Application

Sec. 361.504.  APPLICATION.  (a)  Except as provided by Subsection (b), this subchapter applies to the following persons:
(1)  all large-quantity generators of hazardous waste;
(2)  all generators other than large-quantity generators and conditionally exempt small-quantity generators;  and
(3)  persons subject to Section 313, Title III, Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 11023) whose releases exceed the levels established under Section 361.503(b).
(b)  The commission by rule shall establish one or more schedules for the application of the requirements of this subchapter to designated classes of persons described by Subsection (a).  The schedule shall provide for the inclusion of all persons described by Subsection (a) on a date to be determined by the commission, and until that date this subchapter applies only to those persons designated by rule of the commission.
(c)  This subchapter does not apply to a facility regulated by the Railroad Commission of Texas under Section 91.101 or 141.012, Natural Resources Code.
Added by Acts 1991, 72nd Leg., ch. 296, Sec. 2.01, eff. June 7, 1991.  Renumbered from Sec. 361.434 and amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.028(a), eff. Aug. 12, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.85, 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 Q. Pollution Prevention › Section 361.506. Source Reduction and Waste Minimization Annual Report

Sec. 361.506.  SOURCE REDUCTION AND WASTE MINIMIZATION ANNUAL REPORT.  (a)  A person required to develop a source reduction and waste minimization plan for a facility under this subchapter shall submit to the commission an annual report and a current executive summary according to any schedule developed under Section 361.504.
(b)  The annual report shall comply with rules adopted by the commission.  The report shall detail the facility's progress in implementing the source reduction and waste minimization plan and include:
(1)  an assessment of the progress toward the achievement of the facility source reduction goal and the facility waste minimization goal;
(2)  a statement to include, for facilities subject to Section 361.504(a)(1), the amount of hazardous waste generated and, for facilities subject to Section 361.504(a)(3), the amount of the release of pollutants or contaminants designated under Section 361.503(b) in the year preceding the report, and a comparison of those amounts with the amounts generated or released in a base year selected by the commission;  and
(3)  any modification to the plan.
(c)  The annual report may include:
(1)  a discussion of the person's previous effort at the facility to reduce hazardous waste or the release of pollutants or contaminants through source reduction or waste minimization;
(2)  a discussion of the effect changes in environmental regulations have had on the achievement of the source reduction and waste minimization goals;
(3)  the effect that events the person could not control have had on the achievement of the source reduction and waste minimization goals;  and
(4)  a discussion of the operational decisions the person has made that have affected the achievement of the source reduction and waste minimization goals.
(d)  The annual report shall contain a separate component addressing source reduction activities and a separate component addressing waste minimization activities.
Added by Acts 1991, 72nd Leg., ch. 296, Sec. 2.01, eff. June 7, 1991.  Renumbered from Sec. 361.436 and amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.028(a), eff. Aug. 12, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.87, eff. Sept. 1, 1995.