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 371 - Used Oil Collection, Management, and Recycling › Subchapter B. Used Oil Recycling Program › Section 371.022. Notice by Retail Dealer

Sec. 371.022.  NOTICE BY RETAIL DEALER.  A retail dealer who annually sells directly to the public more than 500 gallons of oil in containers for use off-premises shall post in a prominent place a sign provided by the commission:
(1)  informing the public that improper disposal of used oil is prohibited by law;
(2)  containing instructions for disposal of used oil filters;  and
(3)  prominently displaying the toll-free telephone number of the state used oil information center established under Section 371.021.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.123, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 887, Sec. 4, 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 371 - Used Oil Collection, Management, and Recycling › Subchapter B. Used Oil Recycling Program › Section 371.023. Grants to Local Governments and Private Entities

Sec. 371.023.  GRANTS TO LOCAL GOVERNMENTS AND PRIVATE ENTITIES.  (a)  The commission shall develop a grant program for local governments and private entities that encourages the collection, reuse, and recycling of household do-it-yourselfer used oil.
(b)  The commission may approve a grant for any project that uses one or more of the following programs:
(1)  curbside pickup of containers of household do-it-yourselfer used oil by a local government or its representative;
(2)  retrofitting of municipal solid waste equipment to facilitate curbside pickup of household do-it-yourselfer used oil;
(3)  establishment of do-it-yourselfer used oil collection centers and used oil collection centers at locations accessible to the public, including landfills, fire stations, retail stores, quick lubrication centers, and automobile repair shops;
(4)  provision of containers and other materials and supplies that can be used to store household do-it-yourselfer used oil for pickup or delivery to a do-it-yourselfer used oil collection center in an environmentally sound manner;  and
(5)  any other activity the advisory committee established under Subsection (c) determines will encourage the proper recycling of household do-it-yourselfer used oil.
(c)  The commission shall appoint an advisory committee for the used oil grant program.  The advisory committee consists of seven members who serve at the pleasure of the commission and represent oil manufacturers as defined by Section 371.062, operators of used oil collection centers, and local governments.  The advisory committee members serve without compensation and are not entitled to reimbursement for expenses incurred in the performance of their duties.  The advisory committee shall:
(1)  recommend criteria for grants;
(2)  establish guidelines for allowable administrative expenses;  and
(3)  recommend grant recipients to the commission based on the used oil collection needs of this state.
(d)  The commission by rule shall:
(1)  establish procedures for the application for and criteria for the award of grants under this section;  and
(2)  adopt guidelines for allowable administrative expenses in accordance with guidelines established by the advisory committee.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.123, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 887, Sec. 4, 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 371 - Used Oil Collection, Management, and Recycling › Subchapter B. Used Oil Recycling Program › Section 371.024. Collection Facilities

Sec. 371.024.  COLLECTION FACILITIES.  (a)  All appropriate businesses and government agencies are encouraged to serve as do-it-yourselfer used oil collection centers or used oil collection centers.
(b)  A do-it-yourselfer used oil collection center and a used oil collection center shall:
(1)  register biennially with the commission;  and
(2)  report annually to the commission the amounts of used oil collected by the center from the public.
(c)  The commission shall adopt rules governing the registration of and reporting by do-it-yourselfer used oil collection centers and used oil collection centers.
(d)  The commission by rule shall adopt standards for managing and operating a do-it-yourselfer used oil collection center or a used oil collection center.
(e)  The commission may impose a registration fee in an amount sufficient to cover the actual cost of registering do-it-yourselfer used oil collection centers and used oil collection centers.  A private entity that serves voluntarily as a do-it-yourselfer used oil collection center or a used oil collection center is exempt from the registration fee.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.124, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 887, Sec. 4, 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 371 - Used Oil Collection, Management, and Recycling › Subchapter B. Used Oil Recycling Program › Section 371.0246. Procedures for Reimbursement

Sec. 371.0246.  PROCEDURES FOR REIMBURSEMENT.  (a)  An owner or operator of a registered do-it-yourselfer used oil collection center or used oil collection center may apply for reimbursement from the commission.
(b)  An application for reimbursement shall be submitted on a form approved or provided by the commission.
(c)  An application must contain:
(1)  the name, address, and telephone number of the applicant;
(2)  the name, mailing address, location address, and commission registration number of the registered do-it-yourselfer used oil collection center or used oil collection center from which the contaminated oil was removed;
(3)  the name, address, telephone number, and commission registration number of the hazardous waste transporter used to dispose of the contaminated used oil;
(4)  a copy of any shipping documents that accompanied the transportation of the shipment of used oil;
(5)  a copy of each invoice for which reimbursement is requested and evidence that the amount shown on the invoice has been paid in full in the form of:
(A)  canceled checks;
(B)  business receipts from the person who performed the work;  or
(C)  other documentation approved by the commission;
(6)  a waste-characterization or similar documentation required before acceptance of a hazardous waste by the disposal facility that accepted the contaminated used oil for treatment or disposal;  and
(7)  any other information that the executive director may reasonably require.
(d)  All claims for reimbursement filed under this section and Section 371.0245 are subject to funds available for disbursement in the water resource management account and to Section 371.0245(e).  This subchapter does not create an entitlement to money in the water resource management account or any other fund.
Added by Acts 1993, 73rd Leg., ch. 899, Sec. 4.07, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 887, Sec. 4, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 333, Sec. 66, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 733 (S.B. 1105), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 371 - Used Oil Collection, Management, and Recycling › Subchapter B. Used Oil Recycling Program › Section 371.025. Limitation of Liability

Sec. 371.025.  LIMITATION OF LIABILITY.  (a)  A person may not recover from the owner, operator, or lessor of a registered do-it-yourselfer used oil collection center or used oil collection center any damages or costs of response actions at another location resulting from a release or threatened release of used oil collected at the center if:
(1)  the owner, operator, or lessor of the collection center does not mix the used oil collected with any hazardous waste or polychlorinated biphenyls (PCBs);
(2)  the owner, operator, or lessor of the collection center does not accept used oil that the owner, operator, or lessor knows contains hazardous waste or PCBs;  and
(3)  the collection center is in compliance with management standards adopted by the commission.
(b)  For purposes of this section, the owner, operator, or lessor of a do-it-yourselfer used oil collection center or a used oil collection center may presume that a quantity of less than five gallons of used oil accepted at any one time from any member of the public is not mixed with a hazardous waste or PCBs, provided that the owner, operator, or lessor acts in good faith.
(c)  This section applies only to activities directly related to the collection of used oil by a do-it-yourselfer used oil collection center or a used oil collection center.  This section does not apply to grossly negligent activities related to the operation of a do-it-yourselfer used oil collection center or a used oil collection center.
(d)  This section does not affect or modify the obligations or liability of any person other than the owner, operator, or lessor of the collection center under any other provisions of state or federal law, including common law, for injury or damage resulting from a release of used oil or hazardous substances.
(e)  This section does not affect or modify the obligations or liability of any owner, operator, or lessor of a collection center with regard to services other than accepting used oil from the public.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.125, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 887, Sec. 4, 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 371 - Used Oil Collection, Management, and Recycling › Subchapter B. Used Oil Recycling Program › Section 371.026. Registration and Reporting Requirements of Used Oil Handlers Other Than Generators

Sec. 371.026.  REGISTRATION AND REPORTING REQUIREMENTS OF USED OIL HANDLERS OTHER THAN GENERATORS.  (a)  The commission shall adopt rules governing registration and reporting of used oil handlers other than generators.  The rules shall require that:
(1)  a used oil handler other than a generator:
(A)  register with the commission;
(B)  provide evidence of familiarity with applicable state laws and rules and management procedures applicable to used oil handling;  and
(C)  provide proof of liability insurance or other evidence of financial responsibility for any liability that may be incurred in handling used oil, except that this provision does not apply to a used oil handler which is owned or otherwise effectively controlled by the owners or operators where the used oil is generated;  and
(2)  a used oil processor or rerefiner must report to the commission, in the form of a letter on a biennial basis by December 1 of each odd-numbered year, the calendar year covered by the report and the quantities of used oil accepted for processing or rerefining and the manner in which the used oil is processed or rerefined, including the specific processes employed.
(b)  The commission by rule shall adopt reasonable management and safety standards for the handling of used oil.
(c)  The commission may impose a registration fee in an amount sufficient to cover the actual cost of registering used oil handlers other than generators.
(d)  A used oil transporter may consolidate or aggregate loads of used oil for purposes of transportation but may not process used oil, except that a used oil transporter may conduct incidental processing operations, including settling and water separation, that occur in the normal course of the transportation of used oil but that are not designed to produce, or make more amenable for the production of, used-oil-derived products or used oil fuel.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.126, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 887, Sec. 4, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 389, Sec. 1, 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 371 - Used Oil Collection, Management, and Recycling › Subchapter B. Used Oil Recycling Program › Section 371.027. Gifts and Grants

Sec. 371.027.  GIFTS AND GRANTS.  The commission may apply for, request, solicit, contract for, receive, and accept gifts, grants, donations, and other assistance from any source to carry out its powers and duties under this chapter.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.127, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 887, Sec. 4, 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 371 - Used Oil Collection, Management, and Recycling › Subchapter B. Used Oil Recycling Program › Section 371.028. Rules

Sec. 371.028.  RULES.  Not later than January 1, 1996, the commission shall adopt rules, standards, and procedures necessary to implement the used oil recycling program established by this chapter.  Unless otherwise required by federal or state law, the rules, standards, and procedures must be consistent with and not more stringent than the used oil management standards under the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.).
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.127, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 887, Sec. 4, 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 371 - Used Oil Collection, Management, and Recycling › Subchapter C. Certain Actions Prohibited; Penalties › Section 371.041. Actions Prohibited

Sec. 371.041.  ACTIONS PROHIBITED.  A person may not collect, transport, store, recycle, use, discharge, or dispose of used oil in any manner that endangers the public health or welfare or endangers or damages the environment.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. April 1, 1992.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.128, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 887, Sec. 5, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 40, 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 371 - Used Oil Collection, Management, and Recycling › Subchapter D. Used Oil Recycling Fees › Section 371.061. Deposit of Fees; Use of Fee Revenue

Sec. 371.061.  DEPOSIT OF FEES; USE OF FEE REVENUE.  (a)   The following amounts shall be deposited to the water resource management account:
(1)  fees collected under Sections 371.024, 371.026, and 371.062;
(2)  interest and penalties imposed under this chapter for late payment of fees, failure to file a report, or other violations of this chapter; and
(3)  gifts, grants, donations, or other financial assistance the commission is authorized to receive under Section 371.027.
(b)  In addition to other authorized uses of money in the water resource management account, the commission may use money in that account for purposes authorized by this chapter, including:
(1)  public education regarding used oil recycling;
(2)  grants to public and private do-it-yourselfer used oil collection centers and used oil collection centers;
(3)  registration of do-it-yourselfer used oil collection centers, used oil collection centers, and used oil handlers other than generators; and
(4)  administrative costs of implementing this chapter.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 899, Sec. 4.06, eff. Oct. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.131, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 887, Sec. 8, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 333, Sec. 68, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 733 (S.B. 1105), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 371 - Used Oil Collection, Management, and Recycling › Subchapter E. Filter Storage, Transportation, or Processing › Section 371.101. Definitions

Sec. 371.101.  DEFINITIONS.  In this subchapter:
(1)  "Bill of lading" means a shipping document that confirms the receipt of a shipment.
(2)  "Bulk filter container" means a portable device that:
(A)  is part of an integrated delivery and retrieval system;  and
(B)  has a capacity greater than 330 gallons.
(3)  "Component parts" means the severable parts of an oil filter and includes oil present in an oil filter.
(4)  "Do-it-yourselfer" means an individual who removes a used oil filter in the process of an oil change or automotive repair from the engine of a light duty motor vehicle, small utility engine, noncommercial motor vehicle, or farm equipment owned or operated by the individual.
(5)  "Generator" means a person whose activities produce used oil filters.  The term does not include a do-it-yourselfer.
(6)  "Process" means to prepare a used oil filter for recycling, steel recovery, energy recovery, or proper disposal.
(7)  "Processor" means a person that processes used oil filters generated by another person.  The term does not include a generator that consolidates, drains, or crushes used oil filters for off-site recycling or disposal.
(8)  "Store" means to hold in a location for any period.
(9)  "Storage facility" means a location that stores used oil filters before transportation, processing, recycling, or disposal of the filters.  The term does not include the location of a generator.
(10)  "Transporter" means a person that transports used oil filters to a location for storage, processing, recycling, or disposal.
(11)  "Used oil filter" means any device that is an integral part of an oil flow system, the primary purpose of which is to remove contaminants from flowing oil contained in the system, and that, as a result of use, has become contaminated and unsuitable for its original purpose, is removed from service, and contains entrapped used oil.  The term does not include a filter attached to the equipment containing the oil flow system.  This term continues to apply regardless of prior processing until but not after the filter has been burned for steel recovery or energy recovery or it is separated into its component parts.
Added by Acts 1999, 76th Leg., ch. 366, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 371 - Used Oil Collection, Management, and Recycling › Subchapter E. Filter Storage, Transportation, or Processing › Section 371.102. Applicability

Sec. 371.102.  APPLICABILITY.  (a)  This subchapter applies to a used oil filter only if the filter has not been:
(1)  separated into its component parts;  or
(2)  burned for:
(A)  steel recovery;  or
(B)  energy recovery.
(b)  This subchapter does not apply to:
(1)  an industrial generator that is:
(A)  registered with the commission as an industrial or hazardous waste facility;  or
(B)  under the waste management authority of a state agency other than the commission;  or
(2)  a do-it-yourselfer.
Added by Acts 1999, 76th Leg., ch. 366, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 371 - Used Oil Collection, Management, and Recycling › Subchapter E. Filter Storage, Transportation, or Processing › Section 371.103. General Requirements

Sec. 371.103.  GENERAL REQUIREMENTS.  (a)  A person may not store, process, or dispose of a used oil filter in a manner that results in the discharge of oil into soil or water.
(b)  A person may not knowingly place on land a used oil filter that contains oil unless the used oil filter is in a container.
(c)  A bulk filter container used to store used oil filters:
(1)  must not leak;  and
(2)  must be securely closed, waterproof, and in good condition.
(d)  A used oil filter may not be intentionally or knowingly placed in or accepted for disposal in a landfill permitted by the commission.
Added by Acts 1999, 76th Leg., ch. 366, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 371 - Used Oil Collection, Management, and Recycling › Subchapter E. Filter Storage, Transportation, or Processing › Section 371.104. Registration and Reporting

Sec. 371.104.  REGISTRATION AND REPORTING.  (a)  A transporter, storage facility, or processor may not store, process, recycle, or dispose of used oil filters unless the person is registered with the commission.
(b)  Unless the person is registered with the commission as a storage facility, a person may not store used oil filters:
(1)  that in the aggregate have a volume greater than six 55-gallon drums;  or
(2)  in more than one bulk filter container.
(c)  A registered transporter, storage facility, or processor shall:
(1)  renew the registration biennially;  and
(2)  report to the commission biennially the number of used oil filters the person transported, stored, or processed in the two years preceding the date of the report.
Added by Acts 1999, 76th Leg., ch. 366, Sec. 1, eff. Jan. 1, 2000.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 371 - Used Oil Collection, Management, and Recycling › Subchapter E. Filter Storage, Transportation, or Processing › Section 371.105. Shipment Records

Sec. 371.105.  SHIPMENT RECORDS.  (a)  Each shipment of used oil filters must be accompanied by a bill of lading that conforms to commission rules.
(b)  In accordance with commission rules, a copy of the bill of lading for each shipment of used oil filters must be maintained by the generator of the filters, transporter of the filters, storage facility at which the filters were stored, and processor of the filters for at least three years after the date the filters were transported, stored, or processed.
(c)  The copies of the bills of lading must be made available for the commission to inspect at any reasonable time.
Added by Acts 1999, 76th Leg., ch. 366, Sec. 1, eff. Jan. 1, 2000.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 371 - Used Oil Collection, Management, and Recycling › Subchapter E. Filter Storage, Transportation, or Processing › Section 371.106. Limitations on Storage

Sec. 371.106.  LIMITATIONS ON STORAGE.  (a)  A storage facility may not store a used oil filter for more than 120 days.
(b)  A transporter may not store a used oil filter for more than 10 days.
(c)  A processor may not store a used oil filter for more than 30 days before it is processed.
(d)  A processor that stores used oil filters in a container shall label each container clearly with the phrase "Used Oil Filters."
Added by Acts 1999, 76th Leg., ch. 366, Sec. 1, eff. Jan. 1, 2000.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 371 - Used Oil Collection, Management, and Recycling › Subchapter E. Filter Storage, Transportation, or Processing › Section 371.107. Variances

Sec. 371.107.  VARIANCES.  (a)  The commission may grant an individual variance to allow:
(1)  a generator to store used oil filters in a greater aggregate volume than the volume prescribed by Section 371.104(b);  or
(2)  a person to store used oil filters for a period longer than the period prescribed for that person by Section 371.106.
(b)  The commission may not grant a variance under this section for a period of longer than two years.
Added by Acts 1999, 76th Leg., ch. 366, Sec. 1, eff. Sept. 1, 1999.
Sec. 371.108.  SPILL PREVENTION AND CONTROL.  Each registered storage facility and each facility of a registered processor shall develop a plan to prevent spills and respond to spills in accordance with the federal spill prevention, control, and countermeasure requirements provided by Title 40, Code of Federal Regulations, Part 112, as amended.
Added by Acts 1999, 76th Leg., ch. 366, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 371 - Used Oil Collection, Management, and Recycling › Subchapter E. Filter Storage, Transportation, or Processing › Section 371.109. Financial Responsibility

Sec. 371.109.  FINANCIAL RESPONSIBILITY.  The commission shall adopt rules requiring a person required to register under Section 371.104 to demonstrate adequate financial responsibility.
Added by Acts 1999, 76th Leg., ch. 366, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 371 - Used Oil Collection, Management, and Recycling › Subchapter E. Filter Storage, Transportation, or Processing › Section 371.110. Civil and Administrative Penalties

Sec. 371.110.  CIVIL AND ADMINISTRATIVE PENALTIES.  (a)  Notwithstanding Sections 7.052 and 7.102, Water Code, a person that violates this subchapter or a rule adopted under this subchapter is liable for a civil penalty of not less than $100 or more than $500 for each violation and for each day of a continuing violation.
(b)  The commission or the attorney general at the request of the commission may bring a suit under Subchapter D, Chapter 7, Water Code, to recover the penalty.
(c)  A local government with jurisdiction over the area in which the violation occurred may bring suit to recover the penalty.
(d)  The violation described by Subsection (a) also is subject to an administrative penalty.  The commission may recover the administrative penalty in a proceeding conducted as provided by Subchapter C, Chapter 7, Water Code.
Added by Acts 1999, 76th Leg., ch. 366, Sec. 1, eff. Jan. 1, 2000.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 372 - Environmental Performance Standards for Plumbing Fixtures › Section 372.001. Definitions

Sec. 372.001.  DEFINITIONS.  In this chapter:
(1)  "Commercial prerinse spray valve" means a handheld device that is designed and marketed for use with commercial dishwashing and ware washing equipment and that is used to spray water on dishes, flatware, and other food service items to remove food residue before the items are cleaned in a dishwasher or ware washer or by hand.
(2)  "Commission" means the Texas Commission on Environmental Quality.
(3)  "Executive director" means the executive director of the commission.
(4)  "Plumbing fixture" means a device that receives water, waste, or both and discharges the water, waste, or both into a drainage system.  The term includes a kitchen sink, utility sink, lavatory, bidet, bathtub, shower, urinal, toilet, or drinking water fountain.
(5)  "Plumbing fixture fitting" means a device that controls and directs the flow of water.  The term includes a sink faucet, lavatory faucet, shower head, or bath filler.
(6)  "Pressurized flushing device" means a device that contains a valve that:
(A)  is attached to a pressurized water supply pipe that is of sufficient size to deliver water at the necessary rate of flow to ensure flushing when the valve is open; and
(B)  opens on actuation to allow water to flow into the fixture at a rate and in a quantity necessary for the proper operation of the fixture and gradually closes to avoid water hammer.
(7)  "Toilet" means a water closet.
(8)  "Water closet" means a plumbing fixture that has a water-containing receptor that receives liquid and solid body waste and, on actuation, conveys the waste through an exposed integral trap seal into a drainage system.
Added by Acts 1991, 72nd Leg., ch. 293, Sec. 2, eff. Sept. 1, 1991.  Renumbered from Sec. 421.001 by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.047, eff. Aug. 12, 1991.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.048, eff. Aug. 12, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.133, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1117 (H.B. 2428), Sec. 1, eff. January 1, 2006.
Acts 2009, 81st Leg., R.S., Ch. 1316 (H.B. 2667), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 372 - Environmental Performance Standards for Plumbing Fixtures › Section 372.0025. Exception: Action by Municipality or County

Sec. 372.0025.  EXCEPTION: ACTION BY MUNICIPALITY OR COUNTY.  The governing body of a municipality or county by ordinance or order may allow the sale in the municipality or county of a urinal or toilet that does not comply with Section 372.002(b)(4) or (6), respectively, if the governing body finds that to flush a public sewer system located in the municipality or county in a manner consistent with public health, a greater quantity of water is required because of the configuration of the drainage systems of buildings located in the municipality or county or the public sewer system.
Added by Acts 2009, 81st Leg., R.S., Ch. 1316 (H.B. 2667), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 372 - Environmental Performance Standards for Plumbing Fixtures › Section 372.003. Labeling Requirements

Sec. 372.003.  LABELING REQUIREMENTS.  (a)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 6, eff. September 1, 2009.
(b)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 6, eff. September 1, 2009.
(c)  The commission by rule shall prohibit the sale, offering for sale, distribution, or importation into this state of a new commercial or residential clothes-washing machine, dish-washing machine, or lawn sprinkler unless:
(1)  the manufacturer has furnished to the commission, in the form prescribed by the commission, the identification and performance specifications of the device;  and
(2)  the clothes-washing or dish-washing machine or lawn sprinkler is labeled in accordance with rules adopted by the commission with a statement that describes the device's water use characteristics.
(d)  Rules adopted or amended under this section shall be developed by the commission in conjunction with a technical advisory panel of designated representatives of the Texas Water Development Board and the Texas State Board of Plumbing Examiners.
(e)  This section shall not apply to those clothes-washing or dish-washing machines that are subject to and in compliance with the labeling requirements of the National Appliance Energy Conservation Act of 1987, Public Law 100-12.
Added by Acts 1991, 72nd Leg., ch. 293, Sec. 2, eff. Sept. 1, 1991.  Renumbered from Sec. 421.003 by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.047, eff. Aug. 12, 1991.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.049, eff. Aug. 12, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.135, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1316 (H.B. 2667), Sec. 6, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 372 - Environmental Performance Standards for Plumbing Fixtures › Section 372.0035. Lead in Plumbing Fixtures, Pipe, and Pipe Fitting

Sec. 372.0035.  LEAD IN PLUMBING FIXTURES, PIPE, AND PIPE FITTING.  (a)  A person may not sell or offer for sale a plumbing fixture, pipe, or pipe fitting that contains more than eight percent lead for installing or repairing:
(1)  a public drinking water system;  or
(2)  plumbing that provides water for human consumption and is connected to a public drinking water system.
(b)  A person may not sell or offer for sale solder or flux that contains more than two-tenths percent lead for installing or repairing:
(1)  a public drinking water system;  or
(2)  plumbing that provides water for human consumption and is connected to a public drinking water system.
(c)  For purposes of this section, a person engaged in the business of installing or repairing plumbing is considered to have sold or offered for sale a plumbing fixture, pipe, pipe fitting, solder, or flux if the person uses or offers to use the fixture, pipe, fitting, solder, or flux to install or repair plumbing.
(d)  This section does not prohibit the sale or offer for sale of a lead joint necessary for the repair of cast-iron pipe.  The commission shall adopt rules to implement this subsection.
(e)  The commission may adopt rules to implement this section.
(f)  If a person licensed under Chapter 1301, Occupations Code, violates this section, the Texas State Board of Plumbing Examiners may discipline the person under Subchapter I of that chapter as if a violation of this section were a violation of that chapter.
(g)  A person commits an offense if the person violates Subsection (a) or (b).  An offense under this subsection is a Class C misdemeanor.  Each violation is a separate offense and each day of a continuing violation is a separate offense.
(h)  Within the jurisdiction of a municipality, a municipal plumbing inspector may issue a citation to a person who violates this section.
Added by Acts 1993, 73rd Leg., ch. 751, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.136, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.787, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 31, eff. May 26, 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 372 - Environmental Performance Standards for Plumbing Fixtures › Section 372.005. Commercial Prerinse Spray Valve Performance Standards

Sec. 372.005.  COMMERCIAL PRERINSE SPRAY VALVE PERFORMANCE STANDARDS.  (a)  A person may not sell, offer for sale, distribute, lease, or import into this state a commercial prerinse spray valve for use in this state unless the prerinse spray valve:
(1)  has a flow rate of 1.6 gallons of water per minute or less, as determined using the standard test method for prerinse spray valves developed by the American Society for Testing and Materials as specified in ASTM F2324-03 as that method existed on January 1, 2006; and
(2)  is listed by the commission under Subsection (b).
(b)  The commission shall make and maintain a current list of commercial prerinse spray valves that are certified to the commission by the manufacturer or importer to meet the performance standards provided by Subsection (a)(1).  To have a commercial prerinse spray valve included on the list, the manufacturer or importer must supply to the commission, in the form prescribed by the commission, the identification and the performance specifications of the prerinse spray valve.  The commission may test a listed commercial prerinse spray valve to determine the accuracy of the manufacturer's or importer's certification and shall remove from the list a prerinse spray valve the commission determines to be inaccurately certified.
(c)  The commission may assess against a manufacturer or an importer a reasonable fee for an inspection of a commercial prerinse spray valve to determine the accuracy of the manufacturer's or importer's certification in an amount determined by the commission to cover the expenses incurred in the administration of this chapter. A fee received by the commission under this subsection shall be deposited in the state treasury to the credit of the water resource management account. Fees deposited under this section may be appropriated only for the administration of this chapter.
Added by Acts 2005, 79th Leg., Ch. 1117 (H.B. 2428), Sec. 2, eff. January 1, 2006.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 372 - Environmental Performance Standards for Plumbing Fixtures › Section 372.006. Nonwater-Supplied Urinal Performance Standards

Sec. 372.006.  NONWATER-SUPPLIED URINAL PERFORMANCE STANDARDS.  (a)  A person may not sell, offer for sale, or distribute in this state a nonwater-supplied urinal for use in this state unless the nonwater-supplied urinal:
(1)  meets the performance, testing, and labeling requirements prescribed by the following standards, as applicable:
(A)  American Society of Mechanical Engineers Standard A112.19.19-2006 "Vitreous China Nonwater Urinals"; or
(B)  International Association of Plumbing and Mechanical Officials Standard ANSI Z124.9-2004 "Plastic Urinal Fixtures";
(2)  provides a trap seal that complies with the building code of the local government in which the urinal is installed; and
(3)  permits the uninhibited flow of waste through the urinal to the sanitary drainage system.
(b)  The manufacturer or importer must submit to the commission certified test results from a laboratory accredited by the American National Standards Institute verifying that the nonwater-supplied urinal conforms to the requirements described by Subsection (a)(1).
(c)  A person who installs a nonwater-supplied urinal shall install water distribution and fixture supply piping sized to accommodate a water-supplied urinal to an in-wall point immediately adjacent to the nonwater-supplied urinal location so that the nonwater-supplied urinal can be replaced with a water-supplied urinal if desired by the owner or required by a code enforcement officer.
(d)  A person who owns a nonwater-supplied urinal shall clean and maintain the nonwater-supplied urinal in accordance with the manufacturer's instructions.
Added by Acts 2009, 81st Leg., R.S., Ch. 1316 (H.B. 2667), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 373 - Water Conservation › Section 373.001. Xeriscape Assistance Program

Sec. 373.001.  XERISCAPE ASSISTANCE PROGRAM.  (a)  The board on request shall assist counties and municipalities by providing a model xeriscape code and other technical assistance.
(b)  The board shall work with counties and municipalities to promote, through educational programs and publications, the use of xeriscape practices, including the use of compost, in existing residential and commercial development.
(c)  In this section:
(1)  "Board" means the Texas Water Development Board.
(2)  "Xeriscape" has the meaning assigned by Section 2166.404, Government Code.
Added by Acts 1993, 73rd Leg., ch. 642, Sec. 4, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.19(17), 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 374 - Dry Cleaner Environmental Response › Subchapter A. General Provisions › Section 374.001. Definitions

Sec. 374.001.  DEFINITIONS.  In this chapter:
(1)  Repealed by Acts 2005, 79th Leg., Ch. 1110, Sec. 19, eff. September 1, 2005.
(2)  "Chlorinated dry cleaning solvent" means any dry cleaning solvent that contains a compound that has a molecular structure containing the element chlorine, including perchloroethylene, also known as tetrachloroethylene.
(3)  "Commission" means the Texas Commission on Environmental Quality.
(4)  "Corrective action" means those activities described by Section 374.152 or 374.153.
(5)  "Corrective action plan" means a plan approved by the commission to perform corrective action at a dry cleaning facility.
(6)  "Dry cleaning drop station" means a retail commercial establishment described in category 812320 of the 2002 North American Industry Classification System as an establishment the primary business of which is to act as a collection point for the drop-off and pick-up of garments or other fabrics that are sent to a dry cleaning facility for processing.
(7)  "Dry cleaning facility" means:
(A)  a retail commercial establishment, described in category 812320 of the 2002 North American Industry Classification System, that operates, or has operated, in whole or in part for the purpose of cleaning garments or other fabrics using a process that involves any use of dry cleaning solvents;
(B)  all contiguous land used in connection with the establishment;  and
(C)  all structures and other appurtenances and improvements located on the contiguous land and used in connection with the establishment.
(8)  "Dry cleaning solvent" includes:
(A)  perchloroethylene, also known as tetrachloroethylene, petroleum-based solvents, hydrocarbons, silicone-based solvents, and other nonaqueous solvents used in the cleaning of garments or other fabrics at a dry cleaning facility;  and
(B)  the chemicals and compounds into which the solvents degrade.
(9)  "Dry cleaning unit" means a machine or device that uses dry cleaning solvents to clean garments and other fabrics and any piping, ancillary equipment, and containment system associated with the machine or device.
(10)  "Executive director" means the executive director of the commission.
(11)  "Fund" means the dry cleaning facility release fund.
(12)  "Owner" means a person who owns or leases, or has owned or leased, a dry cleaning facility and who is or has been responsible for the operation of dry cleaning operations at the dry cleaning facility.
(13)  "Release" means a spill, emission, discharge, escape, leak, or disposal of dry cleaning solvent from a dry cleaning facility into the soil or water of the state.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 19, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter A. General Provisions › Section 374.002. Applicability of Other Law

Sec. 374.002.  APPLICABILITY OF OTHER LAW.  To the extent that this chapter is inconsistent or in conflict with Chapter 361 or other general law, this chapter prevails.
Added by Acts 2003, 78th Leg., ch. 540, 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 374 - Dry Cleaner Environmental Response › Subchapter A. General Provisions › Section 374.003. Applicability to Governmental Bodies

Sec. 374.003.  APPLICABILITY TO GOVERNMENTAL BODIES.  This chapter does not apply to:
(1)  a governmental entity, including a governmental agency or prison;  or
(2)  a political subdivision of this state, including a municipality or a conservation and reclamation district created under Section 59, Article XVI, Texas Constitution, that owns or operates a wholesale or retail water supply system, public solid waste system, public storm water and drainage system, or public solid waste disposal system.
Added by Acts 2003, 78th Leg., ch. 540, 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 374 - Dry Cleaner Environmental Response › Subchapter A. General Provisions › Section 374.004. Advisory Committee

Sec. 374.004.  ADVISORY COMMITTEE.  (a)  The executive director shall appoint an advisory committee composed of:
(1)  three representatives of the dry cleaning industry who shall provide professional and practical expertise to the commission;
(2)  one public representative of urban areas;  and
(3)  one public representative of rural areas.
(b)  The advisory committee shall:
(1)  review and comment on the methodology the commission uses to rank contaminated sites under Section 374.154;
(2)  review and comment on the report the commission prepares each biennium under Section 374.056;  and
(3)  assist in the ongoing development of rules to implement, administer, and enforce this chapter.
(c)  A member of the committee serves at the will of the executive director.
(d)  A member of the advisory committee serves without compensation but is entitled to be reimbursed by the commission for actual and necessary travel expenses related to the performance of committee duties.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 374 - Dry Cleaner Environmental Response › Subchapter B. Rules, Standards, Criteria, and Reports › Section 374.051. Commission Rules and Standards

Sec. 374.051.  COMMISSION RULES AND STANDARDS.  (a)  The commission, with the assistance of the advisory committee, shall adopt rules necessary to administer and enforce this chapter.  Rules adopted under this section must be reasonably necessary:
(1)  to preserve, protect, and maintain the water and other natural resources of this state;  and
(2)  to provide for prompt and appropriate corrective action of releases from dry cleaning facilities.
(b)  The commission shall adopt rules that establish:
(1)  performance standards for dry cleaning facilities;
(2)  requirements for the removal of chlorinated dry cleaning solvents and wastes from dry cleaning facilities that are to be closed by the owner to prevent future releases;
(3)  criteria to be used in setting priorities for the expenditure of money from the fund after consideration of:
(A)  the benefit to be derived from corrective action compared to the cost of implementing the corrective action;
(B)  the degree to which human health and the environment are affected by exposure to contamination;
(C)  the present and reasonably foreseeable future uses of affected surface water or groundwater;
(D)  the effect that interim or immediate remedial measures may have on future costs;
(E)  the amount of money available for corrective action in the fund; and
(F)  any additional factors the commission considers relevant; and
(4)  criteria under which the commission may determine the level at which corrective action is considered to be complete.
Added by Acts 2003, 78th Leg., ch. 540, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1110 (H.B. 2376), Sec. 3, eff. September 1, 2005.