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 366 - On-Site Sewage Disposal Systems › Subchapter D. Permits; Fees › Section 366.055. Inspections

Sec. 366.055.  INSPECTIONS.  (a)  The commission or authorized agent shall review a proposal for an on-site sewage disposal system and make inspections of the system as necessary to ensure that the on-site sewage disposal system is in substantial compliance with this chapter and the rules adopted under this chapter.
(b)  An on-site sewage disposal system may not be used unless it is inspected and approved by the commission or the authorized agent.
(c)  A holder of a permit issued under this chapter shall notify the commission, the authorized agent, or a designated representative not later than the fifth working day before the proposed date of the operation of an installation that the installation is ready for inspection.
(d)  The inspection shall be made on a date and time mutually agreed on by the holder of a permit and the commission, the authorized agent, or a designated representative.
(e)  An installation inspection shall be made not later than the second working day, excluding holidays, after the date on which notification that the installation is completed and ready for inspection is given to the commission, the authorized agent, or a designated representative.
(f)  The owner, owner's representative, or occupant of the property on which the installation is located shall give the commission, the authorized agent, or a designated representative reasonable access to the property at reasonable times to make necessary inspections.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, 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 366 - On-Site Sewage Disposal Systems › Subchapter D. Permits; Fees › Section 366.056. Approval of On-Site Sewage Disposal System

Sec. 366.056.  APPROVAL OF ON-SITE SEWAGE DISPOSAL SYSTEM.  (a)  The commission or authorized agent may approve or disapprove the on-site sewage disposal system depending on the results of the inspections under Section 366.055.
(b)  If a system is not approved under this section, the on-site sewage disposal system may not be used until all deficiencies are corrected and the system is reinspected and approved by the commission or authorized agent.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, 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 366 - On-Site Sewage Disposal Systems › Subchapter D. Permits; Fees › Section 366.057. Permit Issuance

Sec. 366.057.  PERMIT ISSUANCE.  (a)  The commission shall issue or authorize the issuance of permits and other documents.
(b)  A permit and approved plan to construct, alter, repair, extend, or operate an on-site sewage disposal system must be issued in the name of the person who owns the system and must identify the specific property location or address for the specific construction, alteration, extension, repair, or operation proposed by the person.
(c)  The commission may not issue a permit to construct, alter, repair, or extend an on-site sewage disposal system if the issuance of a permit conflicts with other applicable laws or public policy under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, 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 366 - On-Site Sewage Disposal Systems › Subchapter D. Permits; Fees › Section 366.058. Permit Fee

Sec. 366.058.  PERMIT FEE.  (a)  The commission by rule shall establish and collect a reasonable permit fee to cover the cost of issuing permits under this chapter and administering the permitting system.  The commission may also use the fee to cover any other costs incurred to protect water resources in this state, including assessment of water quality, reasonably related to the activities of any of the persons required to pay a fee under the statutes listed in Section 5.701(q), Water Code.
(b)  The commission at its discretion may provide variances to the uniform application of the permit fee.
(c)  Fees collected under this section shall be deposited to the credit of the water resource management account.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 333, Sec. 60, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 965, Sec. 3.08, 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 366 - On-Site Sewage Disposal Systems › Subchapter D. Permits; Fees › Section 366.059. Permit Fee Paid to Department or Authorized Agent

Sec. 366.059.  PERMIT FEE PAID TO DEPARTMENT OR AUTHORIZED AGENT.  (a)  The permit fee shall be paid to the authorized agent or the commission, whichever performs the permitting function.
(b)  The commission may assess a reasonable and appropriate charge-back fee, not to exceed $500, to a local governmental entity for which the commission issues permits for administrative costs relating to the permitting function that are not covered by the permit fees collected.  The commission shall base the amount of a charge-back fee under this subsection on the actual cost of issuing a permit under this section.  The commission may assess a charge-back fee to a local governmental entity under this subsection if the local governmental entity is an authorized agent that:
(1)  has repealed the order, ordinance, or resolution that established the entity as an authorized agent;  or
(2)  has had its authorization as an authorized agent revoked by the commission.
(c)  Fees collected under this section shall be deposited to the credit of the water resource management account.
(d)  The commission may not assess a charge-back fee to a local governmental entity if the local governmental entity has repealed the order, ordinance, or resolution that established the entity as an authorized agent or has lost its designation as an authorized agent due to material change in the commission's rules under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 333, Sec. 61, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 965, Sec. 3.09, 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 366 - On-Site Sewage Disposal Systems › Subchapter E. Registration of Installers › Section 366.071. Occupational Licensing and Registration

Sec. 366.071.  OCCUPATIONAL LICENSING AND REGISTRATION.  (a)  A person who constructs, installs, alters, extends, services, maintains, or repairs an on-site sewage disposal system or any part of an on-site sewage disposal system for compensation must hold a license or registration issued by the commission under Chapter 37, Water Code.
(b)  A person designated by an authorized agent under Section 366.014 must hold a license issued by the commission under Chapter 37, Water Code.
(c)  A person who conducts preconstruction site evaluations, including visiting a site and performing a soil analysis, a site survey, or other activities necessary to determine the suitability of a site for an on-site sewage disposal system must hold a license issued by the commission under Chapter 37, Water Code, unless the person is licensed by the Texas Board of Professional Engineers and Land Surveyors as an engineer.
(d)  The commission may implement a program under Chapter 37, Water Code, to register persons who service or maintain on-site sewage disposal systems for compensation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 589, Sec. 5, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 880, Sec. 24.
Amended by:
Acts 2005, 79th Leg., Ch. 1129 (H.B. 2510), Sec. 2, eff. September 1, 2006.
Acts 2005, 79th Leg., Ch. 1129 (H.B. 2510), Sec. 4, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 892 (H.B. 2482), Sec. 2, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 2.09, eff. September 1, 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 366 - On-Site Sewage Disposal Systems › Subchapter F. Penalties › Section 366.092. Injunction or Civil Suit

Sec. 366.092.  INJUNCTION OR CIVIL SUIT.  (a)  If it appears that a person has violated, is violating, or is threatening to violate any provision of this chapter, or any rule, permit, or other order of the commission issued pursuant to this chapter, an authorized agent or, at the request of the commission, the attorney general may bring a civil suit for:
(1)  mandatory or prohibitory injunctive relief, as warranted by the facts;
(2)  a civil penalty as provided by this chapter;  or
(3)  both injunctive relief and civil penalty.
(b)  Repealed by Acts 1997, 75th Leg., ch. 1072, Sec. 60(b)(4), eff. Sept. 1, 1997.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 589, Sec. 7, eff. Aug. 30, 1993;  Acts 1997, 75th Leg., ch. 1127, Sec. 5, 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 366 - On-Site Sewage Disposal Systems › Subchapter F. Penalties › Section 366.0922. Commission Enforcement at Local Government Request

Sec. 366.0922.  COMMISSION ENFORCEMENT AT LOCAL GOVERNMENT REQUEST.  A local government may request that the commission initiate an enforcement action under this chapter through a petition filed with the commission.  If the commission chooses to initiate an enforcement action on behalf of a local government, civil penalties recovered shall be divided between the local government and the state based on the proportion of resources expended by each entity in the course of enforcement action.
Added by Acts 1993, 73rd Leg., ch. 589, Sec. 8, eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 1127, Sec. 6, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 366 - On-Site Sewage Disposal Systems › Subchapter F. Penalties › Section 366.0923. Fees and Costs Recoverable

Sec. 366.0923.  FEES AND COSTS RECOVERABLE.  If an authorized agent or the state prevails in a suit under this subchapter, it may recover reasonable attorney's fees, court costs, and reasonable investigative costs incurred in relation to the proceeding.
Added by Acts 1993, 73rd Leg., ch. 589, Sec. 8, eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 1127, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 367 - On-Site Wastewater Treatment Research › Section 367.001. Definitions

Sec. 367.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Texas Commission on Environmental Quality.
(2)   "On-site wastewater treatment system" means a system of treatment devices or disposal facilities that:
(A)  is used for the disposal of domestic sewage, excluding liquid waste resulting from the processes used in industrial and commercial establishments;
(B)  is located on the site where the sewage is produced; and
(C)  produces not more than 5,000 gallons of waste a day.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.039, eff. Aug. 12, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.116, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 347, Sec. 1, eff. Aug. 28, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 8.02, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 367 - On-Site Wastewater Treatment Research › Section 367.007. Administration

Sec. 367.007.  ADMINISTRATION.  (a)   The commission may accept grants and donations from other sources to supplement the fees collected under Section 367.010.  Grants and donations shall be deposited to the credit of the water resource management account and may be disbursed as the commission directs and in accordance with Section 367.008.
(b)  Administrative and facilities support costs are payable from the water resources management account.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.041, eff. Dec. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.118, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 347, Sec. 2, eff. Aug. 28, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 8.03, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 367 - On-Site Wastewater Treatment Research › Section 367.008. Award of Competitive Grants

Sec. 367.008.  AWARD OF COMPETITIVE GRANTS.  (a)  The commission shall establish procedures for awarding competitive grants and disbursing grant money.
(b)  The commission shall award competitive grants to  support applied research and demonstration projects by accredited colleges and universities in this state, by other governmental entities, or by acceptable public or private research centers regarding on-site wastewater treatment technology and systems applicable to this state that are directed toward improving the quality of wastewater treatment and reducing the cost of providing wastewater treatment to consumers, including wastewater reuse.
(c)  The commission shall seek the advice of relevant experts when choosing research topics and awarding grants under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.042, eff. Dec. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 8.04, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 867 (H.B. 2771), Sec. 1, 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 367 - On-Site Wastewater Treatment Research › Section 367.009. Appropriations

Sec. 367.009.  APPROPRIATIONS.  Money collected and appropriated for the purposes of this chapter shall be disbursed as the commission directs and in accordance with Section 367.008.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 8.05, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 367 - On-Site Wastewater Treatment Research › Section 367.010. Fees

Sec. 367.010.  FEES.  (a)  The commission and each county, municipality, public health department, and river authority shall collect a $10 fee for each on-site wastewater treatment permit application processed.
(b)  A county, municipality, public health department, or river authority that collects a fee shall forward the fee to the commission.
(c)  The commission shall enforce the collection and forwarding of the fee.
(d)  The fee proceeds shall be deposited to the credit of the water resources management account and may be used only for the purposes of Sections 367.007 and 367.008.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.119, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 347, Sec. 3, eff. Aug. 27 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 8.06, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 867 (H.B. 2771), 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 368 - County Regulation of Transportation of Waste › Subchapter A. Transporters of Grease Trap, Sand Trap, and Septic Waste › Section 368.001. Regulatory Program

Sec. 368.001.  REGULATORY PROGRAM.  The commissioners court of a county may establish a program regulating transporters of grease trap, sand trap, and septic waste.
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 368 - County Regulation of Transportation of Waste › Subchapter A. Transporters of Grease Trap, Sand Trap, and Septic Waste › Section 368.002. Participation by Municipality in Regulatory Program

Sec. 368.002.  PARTICIPATION BY MUNICIPALITY IN REGULATORY PROGRAM.  The commissioners court may enter into a contract with a municipality that provides the terms and conditions under which the municipality may participate in the regulatory program.
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 368 - County Regulation of Transportation of Waste › Subchapter A. Transporters of Grease Trap, Sand Trap, and Septic Waste › Section 368.003. Permits

Sec. 368.003.  PERMITS.  The commissioners court of a county may:
(1)  require a permit for trucks that transport grease trap, sand trap, and septic waste, including trucks serving unincorporated areas of the county;
(2)  by order establish guidelines and procedures for issuing permits to trucks that transport grease trap, sand trap, and septic waste;  and
(3)  issue a single permit number that allows a municipality participating in the county regulatory program the option to add to that permit number a suffix unique to the municipality.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 368 - County Regulation of Transportation of Waste › Subchapter A. Transporters of Grease Trap, Sand Trap, and Septic Waste › Section 368.004. Inspections

Sec. 368.004.  INSPECTIONS.  The commissioners court of a county may:
(1)  coordinate with municipalities the inspection of trucks that transport grease trap, sand trap, and septic waste;
(2)  by order establish guidelines and procedures to coordinate truck inspections;  and
(3)  assess an inspection fee sufficient to cover the cost to the county of providing the inspection service.
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 368 - County Regulation of Transportation of Waste › Subchapter A. Transporters of Grease Trap, Sand Trap, and Septic Waste › Section 368.005. Contracts

Sec. 368.005.  CONTRACTS.  The commissioners court of a county may contract with a person to provide a service that is part of the regulatory program.
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 368 - County Regulation of Transportation of Waste › Subchapter A. Transporters of Grease Trap, Sand Trap, and Septic Waste › Section 368.006. Forms

Sec. 368.006.  FORMS.  The commissioners court of a county may develop a single manifest form with a uniform manifest registration and numbering system to be used by the county and each participating municipality.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 368 - County Regulation of Transportation of Waste › Subchapter B. Regulation and Licensing of Waste Haulers › Section 368.011. Definitions

Sec. 368.011.  DEFINITIONS.  In this subchapter:
(1)  "Waste" means:
(A)  animal and vegetable waste materials resulting from the handling, preparation, cooking, or consumption of food;
(B)  discarded paper, rags, cardboard, wood, rubber, plastics, yard trimmings, fallen leaves, brush materials, and similar combustible items;  and
(C)  discarded glass, crockery, tin or aluminum cans, metal items, and similar items that are noncombustible at ordinary incinerator temperatures.
(2)  "Waste hauler" means a person who, for compensation, transports waste by the use of a motor vehicle.
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 368 - County Regulation of Transportation of Waste › Subchapter B. Regulation and Licensing of Waste Haulers › Section 368.012. County Licensing and Regulation

Sec. 368.012.  COUNTY LICENSING AND REGULATION.  To protect the public health, safety, or welfare, the commissioners court of a county with a population of less than 375,000 may by ordinance:
(1)  require a waste hauler who transports waste in unincorporated areas of the county to be licensed by the county;
(2)  establish requirements for obtaining and renewing a waste hauler license;
(3)  impose a license issuance or renewal fee in an amount that generates annually the approximate amount of revenue needed to fund the licensing program for a year;
(4)  establish standards governing the transportation of waste in unincorporated areas of the county;
(5)  establish grounds for suspending or revoking a waste hauler license;  and
(6)  prescribe any other provisions necessary to administer the licensing program.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 426, Sec. 1, eff. May 29, 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 368 - County Regulation of Transportation of Waste › Subchapter B. Regulation and Licensing of Waste Haulers › Section 368.013. Exemptions for Certain Waste Haulers

Sec. 368.013.  EXEMPTIONS FOR CERTAIN WASTE HAULERS.  (a)  This subchapter does not apply to an entity that transports:
(1)  material as part of a recycling program;  or
(2)  salt water, drilling fluids, or other waste associated with the exploration, development, and production of oil, gas, or geothermal resources.
(b)  Except as provided by Subsection (c), a county may not require a waste hauler license to be held by a waste hauler:
(1)  while transporting waste on behalf of a municipality or other governmental entity;  or
(2)  operating regularly in more than three counties.
(c)  A county may require a waste hauler who transports waste on behalf of a municipality or other governmental entity to have a waste hauler license if the hauler deposits any part of that waste in a county other than the county in which all or part of the municipality or other governmental entity is located.
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 368 - County Regulation of Transportation of Waste › Subchapter B. Regulation and Licensing of Waste Haulers › Section 368.014. Bond or Other Financial Assurance

Sec. 368.014.  BOND OR OTHER FINANCIAL ASSURANCE.  (a)  An applicant for a waste hauler license must execute a surety bond or provide other financial assurance that is payable for the use and benefit of the county or any other person harmed by the waste hauler's actions.
(b)  The bond or other financial assurance must be in an amount the commissioners court considers necessary or desirable according to the risk of harm associated with the operation of the waste hauling business.
(c)  A bond executed under this section must comply with the insurance laws of this state.
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 368 - County Regulation of Transportation of Waste › Subchapter B. Regulation and Licensing of Waste Haulers › Section 368.015. Fees

Sec. 368.015.  FEES.  Fees or other money received by a county under the licensing program shall be deposited to the credit of the general fund of the county.
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 368 - County Regulation of Transportation of Waste › Subchapter B. Regulation and Licensing of Waste Haulers › Section 368.016. Conflict With Other Regulations

Sec. 368.016.  CONFLICT WITH OTHER REGULATIONS.  If a requirement or standard established under Section 368.012 conflicts with state law, a rule adopted under state law, or a municipal ordinance or charter, the stricter provision prevails.
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 368 - County Regulation of Transportation of Waste › Subchapter B. Regulation and Licensing of Waste Haulers › Section 368.017. Injunction

Sec. 368.017.  INJUNCTION.  A county is entitled to appropriate injunctive relief to prevent the violation or threatened violation of an ordinance the county adopts under this subchapter.
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 368 - County Regulation of Transportation of Waste › Subchapter B. Regulation and Licensing of Waste Haulers › Section 368.018. Criminal Penalty

Sec. 368.018.  CRIMINAL PENALTY.  (a)  If a county ordinance adopted under this subchapter defines an offense for a violation of the ordinance, the offense is a Class C misdemeanor.
(b)  A separate offense occurs on each day on which all the elements of the offense exist.
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 369 - Plastic Containers › Section 369.001. Definitions

Sec. 369.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Texas Natural Resource Conservation Commission.
(2)  "Plastic" means a material made of polymeric organic compounds and additives that can be shaped by flow.
(3)  "Plastic bottle" means a plastic container that:
(A)  has a neck smaller than the body of the container;
(B)  is designed for a screw top, snap cap, or other closure;  and
(C)  has a capacity of not less than 16 fluid ounces or more than five gallons.
(4)  "Rigid plastic container" means a formed or molded container, other than a plastic bottle, that:
(A)  is intended for single use;
(B)  is composed predominantly of plastic resin;
(C)  has a relatively inflexible finite shape or form;  and
(D)  has a capacity of not less than eight ounces or more than five gallons.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 131, eff. Sept. 1, 1991.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.043, eff. Aug. 12, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.120, 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 369 - Plastic Containers › Section 369.002. Symbols for Certain Plastic Containers

Sec. 369.002.  SYMBOLS FOR CERTAIN PLASTIC CONTAINERS.  (a)  A person may not manufacture or distribute a plastic bottle or rigid plastic container unless the appropriate symbol indicating the plastic resin used to produce the bottle or container is molded into or imprinted on the bottom or near the bottom of the bottle or container.
(b)  A plastic bottle or rigid plastic container with a base cup or other component of a material different from the basic material used in making the bottle or container shall bear the symbol indicating its basic material.
(c)  The symbols used under this section must consist of a number placed within a triangle of arrows and of letters placed below the triangle of arrows.  The triangle must be equilateral, formed by three arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius.  The arrowhead of each arrow must be at the midpoint of each side of the triangle with a short gap separating the arrowhead from the base of the adjacent arrow.  The triangle formed by the arrows must depict a clockwise path around the number.
(d)  The numbers, letters of the symbols, and the plastic resins represented by the symbols are:
(1)  1 and PETE, representing polyethylene terephthalate;
(2)  2 and HDPE, representing high density polyethylene;
(3)  3 and V, representing vinyl;
(4)  4 and LDPE, representing low density polyethylene;
(5)  5 and PP, representing polypropylene;
(6)  6 and PS, representing polystyrene;  and
(7)  7 and OTHER, representing all other resins, including layered plastics of a combination of materials.
(e)  The commission may approve the use of another nationally or internationally recognized label coding system for special-purpose plastic bottles or rigid plastic containers which are components of motor vehicles in place of the symbols described by Subsections (c) and (d).
(f)  The commission shall:
(1)  maintain a list of the symbols;  and
(2)  provide a copy of that list to any person on request.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 131, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 99, Sec. 1, eff. May 7, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.121, 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 369 - Plastic Containers › Section 369.003. Penalty

Sec. 369.003.  PENALTY.  (a)  A person who violates Section 369.002(a) or (b) is subject to a civil penalty not to exceed $500 for each act of violation.
(b)  If it appears that a person has violated or is violating Section 369.002, the attorney general or a district attorney, criminal district attorney, or county attorney shall institute and conduct a suit in the name of this state to recover the civil penalty imposed under this section.
(c)  A civil penalty recovered under this section shall be deposited:
(1)  in the state treasury if the attorney general brings the suit;  or
(2)  in the general fund of the county in which the violation occurred if a district attorney, criminal district attorney, or county attorney brings the suit.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 131, eff. Sept. 1, 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 370 - Toxic Chemical Release Reporting › Section 370.001. Short Title

Sec. 370.001.  SHORT TITLE.  This chapter may be cited as the Texas Toxic Chemical Release Reporting Act.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 132, eff. Sept. 1, 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 370 - Toxic Chemical Release Reporting › Section 370.002. Definitions

Sec. 370.002.  DEFINITIONS.  In this chapter:
(1)  "Administrator" means the administrator of the United States Environmental Protection Agency.
(2)  "Commission" means the Texas Natural Resource Conservation Commission.
(3)  "Environment" means water, air, and land and the interrelationship that exists among and between water, air, and land and all living things.
(4)  "Executive director" means the executive director of the Texas Natural Resource Conservation Commission.
(5)  "Facility" means all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and are owned or operated by the same person or by any person who controls, is controlled by, or is under common control with that person.
(6)  "Manufacture" means to produce, prepare, import, or compound a toxic chemical.
(7)  "Person" means an individual, trust, firm, joint-stock company, corporation, including a government corporation, partnership, association, state, commission, municipality or other political subdivision of a state, or interstate body.
(8)  "Process" means to prepare a toxic chemical, after its manufacture, for distribution in commerce:
(A)  in the same form or physical state as, or in a different form or physical state from, the form in which the chemical was received by the person preparing the chemical;  or
(B)  as part of an article containing the toxic chemical.
(9)  "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or otherwise disposing into the environment any toxic chemical.  The term includes the abandonment or discarding of barrels, containers, and other closed receptacles of any toxic chemical.
(10)  "Threshold amount" means the amount established by the administrator under the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. Section 11001 et seq.).
(11)  "Toxic chemical" means a chemical designated as a toxic chemical by the administrator under the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. Section 11001 et seq.).
(12)  "Toxic chemical release form" means the form published by the administrator under the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. Section 11001 et seq.).
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 132, eff. Sept. 1, 1991.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.044, 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 370 - Toxic Chemical Release Reporting › Section 370.003. Toxic Chemical Release Form Required of Certain Facilities

Sec. 370.003.  TOXIC CHEMICAL RELEASE FORM REQUIRED OF CERTAIN FACILITIES.  (a)  The owner or operator of a facility shall submit a toxic chemical release form to the executive director if the facility:
(1)  has 10 or more full-time employees and a standard industrial classification code between 20 and 39 that was in effect on July 1, 1985, or has been designated as a facility subject to these requirements by the administrator;  and
(2)  manufactured, processed, or otherwise used a toxic chemical in excess of the threshold amount during the calendar year for which a toxic chemical release form is required.
(b)  The owner or operator of a facility subject to Subsection (a) shall submit a toxic chemical release form for each toxic chemical manufactured, processed, or otherwise used at the facility during the preceding calendar year in a quantity exceeding the threshold amount.
(c)  The form shall be submitted not later than July 1 of each year and must contain data that reflect each release that occurred during the preceding calendar year.  The administrator may modify the frequency with which a report must be submitted under this section as provided under the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. Section 11001 et seq.).
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 132, eff. Sept. 1, 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 370 - Toxic Chemical Release Reporting › Section 370.004. Threshold Amounts for Reporting

Sec. 370.004.  THRESHOLD AMOUNTS FOR REPORTING.  (a)  The threshold amounts for purposes of reporting a toxic chemical under Section 370.003 are as follows:
(1)  for a toxic chemical used, but not manufactured or processed, at a facility, 10,000 pounds of the toxic chemical used at the facility during the preceding calendar year;  or
(2)  for a toxic chemical manufactured or processed at a facility, 25,000 pounds of the toxic chemical manufactured or processed at the facility during the preceding calendar year.
(b)  The administrator may establish a threshold amount for a toxic chemical different from the amount established under Subsection (a).
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 132, eff. Sept. 1, 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 370 - Toxic Chemical Release Reporting › Section 370.005. Use of Available Data

Sec. 370.005.  USE OF AVAILABLE DATA.  (a)  To provide the information required on the toxic chemical release form, the owner or operator of a facility may use:
(1)  readily available data, including monitoring data, collected under other law;  or
(2)  reasonable estimates of the amounts involved if data under Subdivision (1) are not readily available.
(b)  This section does not require monitoring or measurement of the quantities, concentration, or frequency of a toxic chemical released into the environment beyond the monitoring and measurement required under other law or regulation.
(c)  To ensure consistency, data must be expressed in common units, as designated by the administrator.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 132, eff. Sept. 1, 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 370 - Toxic Chemical Release Reporting › Section 370.006. Public Availability of Toxic Chemical Release Form

Sec. 370.006.  PUBLIC AVAILABILITY OF TOXIC CHEMICAL RELEASE FORM.  (a)  A toxic chemical release form required under this chapter is intended to provide information to the public, including federal, state, and local governments and citizens of the communities surrounding a facility covered under Section 370.003.
(b)  A toxic chemical release form shall be made available in a manner consistent with the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. Section 11001 et seq.) and Chapter 552, Government Code.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 132, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(88), 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 370 - Toxic Chemical Release Reporting › Section 370.007. Toxic Chemical Release Reporting Funds

Sec. 370.007.  TOXIC CHEMICAL RELEASE REPORTING FUNDS.  (a)  Toxic chemical release reporting funds consist of money collected by the commission from:
(1)  fees imposed on owners and operators of facilities required to submit a toxic chemical release form;  and
(2)  penalties imposed under this chapter.
(b)  The commission may use the money collected under this chapter to pay for:
(1)  costs incurred by the commission in implementing this chapter;  and
(2)  other commission activities necessary to implement the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. Section 11001 et seq.).
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 132, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 564, Sec. 1.06, eff. June 11, 1993;  Acts 1993, 73rd Leg., ch. 746, Sec. 8, 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 370 - Toxic Chemical Release Reporting › Section 370.008. Disposition of Fees

Sec. 370.008.  DISPOSITION OF FEES.  (a)  The owner or operator of a facility required to submit a toxic chemical release form under this chapter shall pay, at the time of the submission, a fee of $25 for each toxic chemical release form submitted.
(b)  The maximum fee for a facility may not exceed $250.
(c)  The commission by rule may increase or decrease the toxic chemical release form reporting fee as necessary.
(d)  Fees collected under this section shall be deposited in the state treasury to the credit of the waste management account.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 132, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 564, Sec. 1.06, eff. June 11, 1993;  Acts 1993, 73rd Leg., ch. 746, Sec. 8, eff. Aug. 30, 1993;  Acts 1997, 75th Leg., ch. 333, Sec. 63, 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 A. General Provisions › Section 371.001. Short Title

Sec. 371.001.  SHORT TITLE.  This chapter may be cited as the Texas Used Oil Collection, Management, and Recycling Act.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 887, Sec. 1, 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 A. General Provisions › Section 371.002. Findings

Sec. 371.002.  FINDINGS.  The legislature finds that:
(1)  when properly managed and recycled, used oil is a valuable energy resource;
(2)  used oil can be recycled into a number of different products;
(3)  improper disposal of used oil is a significant environmental problem and a waste of a potentially valuable energy resource;
(4)  there is a need for an expanded statewide network of used oil collection sites for private citizens who change their own motor oil;
(5)  the private sector, with incentives, is best equipped to establish and operate used oil collection centers that are convenient for the public;
(6)  the need for publicly operated used oil collection centers is greatest in more sparsely populated areas of the state and should diminish over time;
(7)  the United States Environmental Protection Agency has issued final regulations that properly classify and regulate used oil and used oil filters in accordance with the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.);
(8)  the current used oil and used oil filter program in this state imposes more stringent management requirements than the regulations of the United States Environmental Protection Agency;
(9)  limited public money is needed to finance public and private infrastructure investments to collect, manage, and recycle used motor oil;
(10)  the used oil management standards under the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) establish a balanced approach to the objectives of preserving a valuable resource and protecting the natural environment;  and
(11)  recycling, reuse, treatment, or proper disposal of used oil produces a more advantageous cost-benefit ratio in accomplishing the goals of state law, and these considerations should be included in the source reduction and waste minimization plans adopted under Section 361.505 to the extent applicable.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 887, Sec. 1, 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 A. General Provisions › Section 371.0025. Purpose and Scope

Sec. 371.0025.  PURPOSE AND SCOPE.  (a)  The purposes of this chapter are to:
(1)  ensure that this state's used oil program is consistent with and not more stringent than the federal program for the management of used oil under 40 C.F.R. Part 279 unless otherwise required by state or federal law;  and
(2)  establish a program to promote public and private do-it-yourselfer used oil collection centers and used oil collection centers.
(b)  This chapter does not apply to used oil:
(1)  generated in connection with activities regulated by the Railroad Commission of Texas under Chapter 91 or 141, Natural Resources Code, or Chapter 27, Water Code;
(2)  exempted under 40 C.F.R. Section 279.10(g) because the oil has been introduced into a crude oil pipeline or is being processed at a petroleum refining facility;  or
(3)  generated through other activities exempted under 40 C.F.R. Part 271 or 279.
(c)  This chapter does not apply to a used oil filter generated in connection with activities regulated by the Railroad Commission of Texas under Chapter 91 or 141, Natural Resources Code, or Chapter 27, Water Code.
Added by Acts 1995, 74th Leg., ch. 887, Sec. 2, 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 371.021. Public Education

Sec. 371.021.  PUBLIC EDUCATION.  The commission shall conduct an education program to inform the public of the need for and benefits of the collection and recycling of used oil and used oil filters.  The program shall:
(1)  establish, maintain, and publicize a used oil information center that prepares and disperses materials and information explaining laws and rules regulating used oil and informing the public of places and methods for proper recycling of used oil;
(2)  encourage the voluntary establishment of used oil collection and recycling programs by private businesses and organizations and by local governments and provide technical assistance to persons who organize those programs;  and
(3)  encourage local governments to procure recycled automotive and industrial oils and oils blended with recycled oils, if those oils meet equipment manufacturer's specifications.
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.