reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter C. Regional and Area-Wide Systems › Section 26.083. Hearing to Designate Systems to Serve the Area Defined; Order; Election; Etc

Sec. 26.083.  HEARING TO DESIGNATE SYSTEMS TO SERVE THE AREA DEFINED;  ORDER;  ELECTION;  ETC.  (a)  At the hearing held under Section 26.082 of this code or at a subsequent hearing held in or near an area defined under Section 26.082 of this code, the commission may consider whether to designate the person to provide a regional or area-wide system or systems to serve all or part of the waste collection, treatment, or disposal needs of the area defined.
(b)  Notice of the hearing shall be given to the local governments and to owners and operators of any waste collection, treatment, and disposal systems who in the judgment of the commission may be affected.
(c)  If after the hearing the commission finds that there is an existing or proposed system or systems then capable or which in the reasonably foreseeable future will be capable of serving the waste collection, treatment, or disposal needs of all or part of the area defined and that the owners or operators of the system or systems are agreeable to providing the services, the commission may enter an order designating the person to provide the waste collection, treatment, or disposal system or systems to serve all or part of the area defined.
(d)  After the commission enters an order under Subsection (c) of this section and if the commission receives a timely and sufficient request for an election as provided in Section 26.087, the commission shall designate a presiding judge for an election, to determine whether the proposed regional or area-wide system or systems operated by the designated regional entity should be created.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.094, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter C. Regional and Area-Wide Systems › Section 26.085. Inclusion at a Later Time

Sec. 26.085.  INCLUSION AT A LATER TIME.  Any person or persons who are the subject of an action taken by the commission under Section 26.084 of this code and who are excluded from a regional or area-wide system because the person or persons will suffer undue financial hardship as a result of inclusion in the regional or area-wide system may be added to the system at a later time under the provisions of Section 26.084 of this code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter C. Regional and Area-Wide Systems › Section 26.086. Rates for Services by Designated Systems

Sec. 26.086.  RATES FOR SERVICES BY DESIGNATED SYSTEMS.  (a)  On motion of any interested party and after a public hearing, the commission may set reasonable rates for the furnishing of waste collection, treatment, or disposal services to any person by a regional or area-wide system designated under Section 26.083 of this code.
(b)  Notice of the hearing shall be given to the owner or operator of the designated regional or area-wide system, the person requesting the hearing, and any other person who in the judgment of the commission may be affected by the action taken by the commission as a result of the hearing.
(c)  After the hearing, the commission shall enter an order setting forth its findings and the rates which may be charged for the services by the owner or operator of the designated regional or area-wide system.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter D. Prohibition Against Pollution; Enforcement › Section 26.121. Unauthorized Discharges Prohibited

Sec. 26.121.  UNAUTHORIZED DISCHARGES PROHIBITED.  (a)  Except as authorized by the commission, no person may:
(1)  discharge sewage, municipal waste, recreational waste, agricultural waste, or industrial waste into or adjacent to any water in the state;
(2)  discharge other waste into or adjacent to any water in the state which in itself or in conjunction with any other discharge or activity causes, continues to cause, or will cause pollution of any of the water in the state, unless the discharge complies with a person's:
(A)  certified water quality management plan approved by the State Soil and Water Conservation Board as provided by Section 201.026, Agriculture Code;  or
(B)  water pollution and abatement plan approved by the commission;  or
(3)  commit any other act or engage in any other activity which in itself or in conjunction with any other discharge or activity causes, continues to cause, or will cause pollution of any of the water in the state, unless the activity is under the jurisdiction of the Parks and Wildlife Department, the General Land Office, the Department of Agriculture, or the Railroad Commission of Texas, in which case this subdivision does not apply.
(b)  In the enforcement of Subdivisions (2) and (3) of Subsection (a) of this section, consideration shall be given to the state of existing technology, economic feasibility, and the water quality needs of the water that might be affected. This subdivision does not apply to any NPDES activity.
(c)  No person may cause, suffer, allow, or permit the discharge of any waste or the performance of any activity in violation of this chapter or of any permit or order of the commission.
(d)  Except as authorized by the commission, no person may discharge any pollutant, sewage, municipal waste, recreational waste, agricultural waste, or industrial waste from any point source into any water in the state.
(e)  No person may cause, suffer, allow, or permit the discharge from a point source of any waste or of any pollutant, or the performance or failure of any activity other than a discharge, in violation of this chapter or of any rule, regulation, permit, or other order of the commission.
Amended by Acts 1977, 65th Leg., p. 1643, ch. 644, Sec. 2.  Renumbered from Sec. 21.251 and amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.098, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 642, Sec. 4, eff. Aug. 28, 1989;  Acts 1993, 73rd Leg., ch. 54, Sec. 4, eff. April 29, 1993;  Acts 1997, 75th Leg., ch. 1010, Sec. 4.44, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 456, Sec. 8, eff. June 18, 1999;  Acts 1999, 76th Leg., ch. 979, Sec. 10, eff. June 18, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter D. Prohibition Against Pollution; Enforcement › Section 26.1211. Pretreatment Effluent Standards

Sec. 26.1211.  PRETREATMENT EFFLUENT STANDARDS.
(a)  The commission is authorized to administer a program for the regulation of pretreatment of pollutants which are introduced into publicly owned treatment works.
(b)  The commission is authorized to adopt regulations for the administration of this program consistent with 33 U.S.C. Section 1317 and rules adopted thereunder by the Environmental Protection Agency.
Added by Acts 1989, 71st Leg., ch. 642, Sec. 5, eff. Aug. 28, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter D. Prohibition Against Pollution; Enforcement › Section 26.127. Commission as Principal Authority

Sec. 26.127.  COMMISSION AS PRINCIPAL AUTHORITY.  (a)  The commission is the principal authority in the state on matters relating to the quality of the water in the state.  The executive director has the responsibility for establishing a water quality sampling and monitoring program for the state.  All other state agencies engaged in water quality or water pollution control activities shall coordinate those activities with the commission.
(b)  The executive director may, on behalf of and with the consent of the commission, enter into contracts or other agreements with the Department of Agriculture for purposes of obtaining laboratory services for water quality testing.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.102, eff. Sept. 1, 1985;  Acts 1999, 76th Leg., ch. 456, Sec. 9, eff. June 18, 1999;  Acts 1999, 76th Leg., ch. 979, Sec. 11, eff. June 18, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter D. Prohibition Against Pollution; Enforcement › Section 26.128. Groundwater Quality

Sec. 26.128.  GROUNDWATER QUALITY.  The executive director shall have investigated all matters concerning the quality of groundwater in the state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter D. Prohibition Against Pollution; Enforcement › Section 26.129. Duty of Parks and Wildlife Department

Sec. 26.129.  DUTY OF PARKS AND WILDLIFE DEPARTMENT.  The Parks and Wildlife Department and its authorized employees shall enforce the provisions of this chapter to the extent that any violation affects aquatic life and wildlife as provided in Section 7.109.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 26.003, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter D. Prohibition Against Pollution; Enforcement › Section 26.130. Duty of Department of Health

Sec. 26.130.  DUTY OF DEPARTMENT OF HEALTH.  The Texas Department of Health shall continue to apply the authority vested in it by Chapter 341, Health and Safety Code, in the abatement of nuisances resulting from pollution not otherwise covered by this chapter.  The Texas Department of Health shall investigate and make recommendations to the commission concerning the health aspects of matters related to the quality of the water in the state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.102, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., ch. 14, Sec. 284(70), eff. Sept. 1, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter D. Prohibition Against Pollution; Enforcement › Section 26.1311. Duty of State Soil and Water Conservation Board

Sec. 26.1311.  DUTY OF STATE SOIL AND WATER CONSERVATION BOARD.  The State Soil and Water Conservation Board and its authorized agents are responsible for the abatement and prevention of pollution resulting from agricultural or silvicultural nonpoint source pollution as provided by Section 201.026, Agriculture Code.
Added by Acts 1993, 73rd Leg., ch. 54, Sec. 5, eff. April 29, 1993.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter D. Prohibition Against Pollution; Enforcement › Section 26.135. Effect on Other Laws

Sec. 26.135.  EFFECT ON OTHER LAWS.  (a)  Nothing in this chapter affects the powers and duties of the commission and the Railroad Commission of Texas with respect to injection wells as provided in Chapter 27 of this code.
(b)  The commission shall continue to exercise the authority granted to it in Chapter 1901, Occupations Code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.103, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 76, Sec. 11.294, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.847, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter D. Prohibition Against Pollution; Enforcement › Section 26.137. Comment Period for Edwards Aquifer Protection Plans

Sec. 26.137.  COMMENT PERIOD FOR EDWARDS AQUIFER PROTECTION PLANS.  The commission shall provide for a 30-day comment period in the review process for Edwards Aquifer Protection Plans in the Contributing Zone of the Edwards Aquifer as provided in 30 T.A.C. Section 213.4(a)(2).
Added by Acts 2001, 77th Leg., ch. 965, Sec. 10.04, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter E. Authority of Local Governments › Section 26.171. Inspection of Public Water

Sec. 26.171.  INSPECTION OF PUBLIC WATER.  A local government may inspect the public water in its area and determine whether or not:
(1)  the quality of the water meets the state water quality standards adopted by the commission;
(2)  persons discharging effluent into the public water located in the areas of which the local government has jurisdiction have obtained permits for discharge of the effluent;  and
(3)  persons who have permits are making discharges in compliance with the requirements of the permits.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.103, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter E. Authority of Local Governments › Section 26.172. Recommendations to Commission

Sec. 26.172.  RECOMMENDATIONS TO COMMISSION.  A local government may make written recommendations to the commission as to what in its judgment the water quality standards should be for any public water within its territorial jurisdiction.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.103, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter E. Authority of Local Governments › Section 26.173. Power to Enter Property

Sec. 26.173.  POWER TO ENTER PROPERTY.  (a)  A local government has the same power as the commission has under Section 26.014 of this code to enter public and private property within its territorial jurisdiction to make inspections and investigations of conditions relating to water quality.  The local government in exercising this power is subject to the same provisions and restrictions as the commission.
(b)  When requested by the executive director, the result of any inspection or investigation made by the local government shall be transmitted to the commission for its consideration.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.103, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter E. Authority of Local Governments › Section 26.175. Cooperative Agreements

Sec. 26.175.  COOPERATIVE AGREEMENTS.  (a)  A local government may execute cooperative agreements with the commission or other local governments:
(1)  to provide for the performance of water quality management, inspection, and enforcement functions and to provide technical aid and educational services to any party to the agreement;  and
(2)  for the transfer of money or property from any party to the agreement to another party to the agreement for the purpose of water quality management, inspection, enforcement, technical aid and education, and the construction, ownership, purchase, maintenance, and operation of disposal systems.
(b)  When in the opinion of the executive director it would facilitate and enhance the performance by a local government of its water quality management, inspection, and enforcement functions pursuant to a cooperative agreement between the local government and the commission as authorized in Subsection (a) of this section, the executive director may assign and delegate to the local government during the period of the agreement such of the pertinent powers and functions vested in the commission under this chapter as in the judgment of the executive director may be necessary or helpful to the local government in performing those management, inspection, and enforcement functions.
(c)  At any time and from time to time prior to the termination of the cooperative agreement, the executive director may modify or rescind any such assignment or delegation.
(d)  The executive director shall notify immediately a local government to whom it assigns or delegates any powers and functions pursuant to Subsections (b) and (c) of this section or as to when it modifies or rescinds any such assignment or delegation.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.104, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter E. Authority of Local Governments › Section 26.178. Financial Assistance Dependent on Water Quality Programs

Sec. 26.178.  FINANCIAL ASSISTANCE DEPENDENT ON WATER QUALITY PROGRAMS.  All financial assistance from the board to a city having a population of 5,000 or more inhabitants shall be conditioned on the city submitting to the commission for review and in accordance with rules and submission schedules promulgated by the commission a water pollution control and abatement program as required by Section 26.177 of this code.  The board may award grants from the research and planning fund of the water assistance fund to river authorities seeking such funds for purposes of performing regional water quality assessments described in Section 26.0135 of this code.
Added by Acts 1991, 72nd Leg., ch. 294, Sec. 5, eff. June 7, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter E. Authority of Local Governments › Section 26.180. Nonpoint Source Water Pollution Control Programs of Certain Municipalities

Sec. 26.180.  NONPOINT SOURCE WATER POLLUTION CONTROL PROGRAMS OF CERTAIN MUNICIPALITIES.  (a)  This section applies to a municipality to which Section 42.903, Local Government Code, applies.
(b)  The municipality shall exercise the powers granted under state law to a municipality to adopt ordinances to control and abate nonpoint source water pollution or to protect threatened or endangered species.
(c)  The municipality by ordinance shall adopt a nonpoint source water pollution control and abatement program for the municipality and its extraterritorial jurisdiction before the municipality adopts a resolution or ordinance creating an extraterritorial jurisdiction under Section 42.903, Local Government Code.  The municipality shall submit the ordinance creating the program to the commission.  Notwithstanding any other law requiring the adoption of an ordinance creating an extraterritorial jurisdiction and approval by the commission, the ordinance creating the program becomes effective and is enforceable by the municipality on the 90th day after the date the municipality submits the ordinance unless the ordinance is disapproved by the commission during the 90-day period.
(d)  If the commission disapproves a program submitted under Subsection (c) of this section, the commission shall make recommendations to the municipality.  The municipality shall adopt and incorporate the commission's recommendations in the program.
(e)  The nonpoint source water pollution controls of the municipality that had extraterritorial jurisdiction over an area before the area was included in the extraterritorial jurisdiction of another municipality under Section 42.903, Local Government Code, are effective during the 90-day period that the program is pending before the commission or until an amended program satisfactory to the commission is adopted.  The municipality, including the area in its extraterritorial jurisdiction under Section 42.903, Local Government Code, shall enforce the controls during the 90-day period.
(f)  If a nonpoint source water pollution control and abatement program is adopted by a river authority that has boundaries that encompass the extraterritorial jurisdiction of the municipality, the standards under the program adopted by the municipality must meet or exceed the standards under the program adopted by the river authority.
(g)  The municipality may not grant a waiver to its nonpoint source water pollution control and abatement program unless granting the waiver would demonstrably improve water quality.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.01(b), eff. Aug. 26, 1991.  Renumbered from Water Code Sec. 26.178 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(52), eff. Sept. 1, 1995.  Renumbered from Water Code Sec. 26.179 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(75), eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter F. Criminal Prosecution › Section 26.215. Peace Officers

Sec. 26.215.  PEACE OFFICERS.  For purposes of this subchapter, the authorized agents and employees of the Parks and Wildlife Department are constituted peace officers.  These agents and employees are empowered to enforce the provisions of this subchapter the same as any other peace officer, and for such purpose shall have the powers and duties of peace officers as set forth in the Code of Criminal Procedure, 1965, as amended.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter F. Criminal Prosecution › Section 26.2171. Venue

Sec. 26.2171.  VENUE.  An offense under this subchapter may be prosecuted in a county in which an element of the offense was committed or a county to which or through which the discharge, waste, or pollutant was transported.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.26(b), eff. Sept. 1, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter G. Oil and Hazardous Substance Spill Prevention and Control › Section 26.261. Short Title

Sec. 26.261.  SHORT TITLE.  This subchapter may be cited as the Texas Hazardous Substances Spill Prevention and Control Act.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1983, 68th Leg., p. 4204, ch. 669, Sec. 1, eff. Sept. 1, 1983.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter G. Oil and Hazardous Substance Spill Prevention and Control › Section 26.262. Policy and Construction

Sec. 26.262.  POLICY AND CONSTRUCTION.  It is the policy of this state to prevent the spill or discharge of hazardous substances into the waters in the state and to cause the removal of such spills and discharges without undue delay. This subchapter shall be construed to conform with Chapter 40, Natural Resources Code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1983, 68th Leg., p. 4204, ch. 669, Sec. 1, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 930, Sec. 1, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., ch. 10, Sec. 6, eff. March 28, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter G. Oil and Hazardous Substance Spill Prevention and Control › Section 26.263. Definitions

Sec. 26.263.  DEFINITIONS.  As used in this subchapter:
(1)  "Discharge or spill" means an act or omission by which hazardous substances in harmful quantities are spilled, leaked, pumped, poured, emitted, entered, or dumped onto or into waters in this state or by which those substances are deposited where, unless controlled or removed, they may drain, seep, run, or otherwise enter water in this state.  The term "discharge" or "spill" under this subchapter shall not include any discharge to which Subchapter C, D, E, F, or G, Chapter 40, Natural Resources Code, applies or any discharge which is authorized by a permit issued pursuant to federal law or any other law of this state or, with the exception of spills in coastal waters, regulated by the Railroad Commission of Texas.
(2)  "Account" means the Texas spill response account.
(3)  "Harmful quantity" means that quantity of hazardous substance the discharge or spill of which is determined to be harmful to the environment or public health or welfare or may reasonably be anticipated to present an imminent and substantial danger to the public health or welfare by the administrator of the Environmental Protection Agency pursuant to federal law and by the executive director.
(4)  "Hazardous substance" means any substance designated as such by the administrator of the Environmental Protection Agency pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. Sec. 9601 et seq.), regulated pursuant to Section 311 of the federal Clean Water Act (33 U.S.C. Sec. 1321 et seq.), or designated by the commission.
(5)  "Person" includes an individual, firm, corporation, association, and partnership.
(6)  "Person responsible" or "responsible person" means:
(A)  the owner, operator, or demise charterer of a vessel from which a spill emanates;
(B)  the owner or operator of a facility from which a spill emanates;
(C)  any other person who causes, suffers, allows, or permits a spill or discharge.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1983, 68th Leg., p. 4204, ch. 669, Sec. 1, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 930, Sec. 2, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 99, Sec. 1, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 10, Sec. 7, eff. March 28, 1991;  Acts 1997, 75th Leg., ch. 333, Sec. 12, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter G. Oil and Hazardous Substance Spill Prevention and Control › Section 26.266. Removal of Spill or Discharge

Sec. 26.266.  REMOVAL OF SPILL OR DISCHARGE.  (a)  Any owner, operator, demise charterer, or person in charge of a vessel or of any on-shore facility or off-shore facility shall immediately undertake all reasonable actions to abate and remove the discharge or spill subject to applicable federal and state requirements, and subject to the control of the federal on-scene coordinator.
(b)  In the event that the responsible person is unwilling or in the opinion of the executive director is unable to remove the discharge or spill, or the removal operation of the responsible person is inadequate, the commission may undertake the removal of the discharge or spill and may retain agents for these purposes who shall operate under the direction of the executive director.
(c)  Any discharge or spill of a hazardous substance, the source of which is unknown, occurring in or having a potentially harmful effect on waters in this state or in waters beyond the jurisdiction of this state and which may reasonably be expected to enter waters in this state may be removed by or under the direction of the executive director.  Any expense involved in the removal of an unexplained discharge pursuant to this subsection shall be paid, on the commission's approval, from the account, subject to the authority of the commission to seek reimbursement from an agency of the federal government, and from the responsible person if the identity of that person is discovered.
(d)  Deleted by Acts 1989, 71st Leg., ch. 99, Sec. 4, eff. Sept. 1, 1989.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1983, 68th Leg., p. 4209, ch. 669, Sec. 3, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 795, Sec. 1.109, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 930, Sec. 5, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 99, Sec. 4, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 333, Sec. 15, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter G. Oil and Hazardous Substance Spill Prevention and Control › Section 26.267. Exemptions

Sec. 26.267.  EXEMPTIONS.  (a)  No person shall be held liable under this subchapter for any spill or discharge resulting from an act of God, act of war, third party negligence, or an act of government.
(b)  Nothing in this subchapter shall in any way affect or limit the liability of any person to any other person or to the United States, or to this state.
(c)  Notwithstanding any other provision of this subchapter, the state or the commission shall utilize any and all procedures relating to releases or threatened releases of solid wastes contained in Chapter 361, Health and Safety Code prior to utilizing the provisions of this subchapter with respect to such releases or threatened releases.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 930, Sec. 6, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 977, Sec. 29, eff. June 19, 1987;  Acts 1991, 72nd Leg., ch. 14, Sec. 284(75), eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 16, Sec. 18.01, eff. Aug. 26, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter H. Poultry Operations › Section 26.301. Definitions

Sec. 26.301.  DEFINITIONS.  In this subchapter:
(1)  "Poultry" means chickens or ducks being raised or kept on any premises in the state for profit.
(2)  "Poultry carcass" means the carcass, or part of a carcass, of poultry that died as a result of a cause other than intentional slaughter for use for human consumption.
(3)  "Poultry facility" means a facility that:
(A)  is used to raise, grow, feed, or otherwise produce poultry for commercial purposes;  or
(B)  is a commercial poultry hatchery that is used to produce chicks or ducklings.
(4)  "Poultry litter" includes poultry excrement, bedding, and feed waste.
(5)  "Liquid waste handling system" has the meaning assigned by Section 26.0286.
Added by Acts 1997, 75th Leg., ch. 1074, Sec. 1, eff. March 1, 1998.
Amended by:
Acts 2005, 79th Leg., Ch. 418 (S.B. 1707), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter H. Poultry Operations › Section 26.302. Regulation of Poultry Facilities

Sec. 26.302.  REGULATION OF POULTRY FACILITIES.  (a)  A person who owns or operates a poultry facility shall ensure that the facility has adequate means or is adequately equipped to handle and dispose of poultry carcasses, poultry litter, and other poultry waste regardless of whether the person owns the poultry.
(b)  A person who owns or operates a poultry facility shall implement and maintain a water quality management plan for the facility that is certified by the State Soil and Water Conservation Board under Section 201.026, Agriculture Code.
(b-1)  The State Soil and Water Conservation Board may certify a water quality management plan for a poultry facility that:
(1)  does not use a liquid waste handling system; and
(2)  is required to obtain a permit or other authorization from the commission.
(b-2)  The State Soil and Water Conservation Board in consultation with the Texas Commission on Environmental Quality by rule shall establish criteria to determine the geographic, seasonal, and agronomic factors that the board will consider to determine whether a persistent nuisance odor condition is likely to occur when assessing the siting and construction of new poultry facilities.
(b-3)  The State Soil and Water Conservation Board may not certify a water quality management plan for a poultry facility located less than one-half of one mile from a business, off-site permanently inhabited residence, or place of worship if the presence of the facility is likely to create a persistent odor nuisance for such neighbors, unless the poultry facility provides an odor control plan the executive director determines is sufficient to control odors.  This subsection does not apply to:
(1)  a revision of a previously certified and existing water quality management plan unless the revision is necessary because of an increase in poultry production of greater than 50 percent than the amount included in the existing certified water quality management plan for the facility; or
(2)  any poultry facility located more than one-half of one mile from a surrounding business, permanently inhabited off-site residence, or place of worship established before the date of construction of the poultry facility.
(c)  The commission may bring a cause of action to remedy or prevent a violation of this section.
(d)  This section does not affect the authority of the commission to investigate or take enforcement action against an unauthorized discharge under Section 26.121.
Added by Acts 1997, 75th Leg., ch. 1074, Sec. 1, eff. March 1, 1998.  Amended by Acts 2001, 77th Leg., ch. 277, Sec. 1, eff. Jan. 1, 2002.
Amended by:
Acts 2005, 79th Leg., Ch. 418 (S.B. 1707), Sec. 4, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1386 (S.B. 1693), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter H. Poultry Operations › Section 26.303. Handling and Disposal of Poultry Carcasses

Sec. 26.303.  HANDLING AND DISPOSAL OF POULTRY CARCASSES.  (a)  Except as provided by Subsection (a-1), the commission by rule shall adopt requirements for the safe and adequate handling, storage, transportation, and disposal of poultry carcasses.  The rules must:
(1)  specify the acceptable methods for disposal of poultry carcasses, including:
(A)  placement in a landfill permitted by the commission to receive municipal solid waste;
(B)  composting;
(C)  cremation or incineration;
(D)  extrusion;
(E)  on-farm freezing;
(F)  rendering; and
(G)   any other method the commission determines to be appropriate;
(2)  require poultry carcasses stored on the site of a poultry facility to be stored in a varmint-proof receptacle to prevent odor, leakage, or spillage;
(3)  prohibit the storage of poultry carcasses on the site of a poultry facility for more than 72 hours unless the carcasses are refrigerated or frozen; and
(4)  authorize the on-site burial of poultry carcasses only in the event of a major die-off that exceeds the capacity of a poultry facility to handle and dispose of poultry carcasses by the normal means used by the facility.
(a-1)  A rule adopted under Subsection (a) may not apply to the disposal of carcasses of poultry that died as a result of a disease, which is governed by Section 161.004, Agriculture Code.
(b)  A person must obtain any permit required by other law before disposing of poultry carcasses as provided by Subsection (a)(1).
Added by Acts 1997, 75th Leg., ch. 1074, Sec. 1, eff. March 1, 1998.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1198 (H.B. 1457), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1242 (H.B. 2543), Sec. 17, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter H. Poultry Operations › Section 26.304. Records of Sale, Purchase, Transfer, or Application of Poultry Litter

Sec. 26.304.  RECORDS OF SALE, PURCHASE, TRANSFER, OR APPLICATION OF POULTRY LITTER.  (a)  A poultry facility that sells or transfers poultry litter for off-site application must maintain until the second anniversary of the date of sale or transfer a record regarding:
(1)  the identity of the purchaser or applicator;
(2)  the physical destination of the poultry litter identified by the purchaser or transferee;
(3)  the date the poultry litter was removed from the poultry facility; and
(4)  the number of tons of poultry litter removed.
(b)  A person that purchases or obtains poultry litter for land application must maintain until the second anniversary of the date of application a signed and dated proof of delivery document for every load of poultry litter applied to land.  The landowner or the owner's tenant or agent shall note on the document the date or dates on which the poultry litter was applied to land.
(c)  Subsection (b) does not apply to poultry litter that is:
(1)  taken to a composting facility;
(2)  used as a bio-fuel;
(3)  used in a bio-gasification process; or
(4)  otherwise beneficially used without being applied to land.
Added by Acts 2009, 81st Leg., R.S., Ch. 1386 (S.B. 1693), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter H. Poultry Operations › Section 26.305. Inspection of Records

Sec. 26.305.  INSPECTION OF RECORDS.  The commission may inspect any record required to be maintained under this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1386 (S.B. 1693), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.341. Purpose

Sec. 26.341.  PURPOSE.  (a)  The legislature finds that leaking underground tanks storing certain hazardous, toxic, or otherwise harmful substances have caused and continue to pose serious groundwater contamination problems in Texas.
(b)  The legislature declares that it is the policy of this state and the purpose of this subchapter to:
(1)  maintain and protect the quality of groundwater and surface water resources in the state from certain substances in underground and aboveground storage tanks that may pollute groundwater and surface water resources;
(2)  require the use of all reasonable methods, including risk-based corrective action, to implement this policy; and
(3)  promote the safety of storage vessels as defined in Section 26.3442, by adopting requirements for the design, construction, operation, and maintenance of storage vessels, with the objective of protecting groundwater and surface water resources in the event of accidents and natural disasters.
Added by Acts 1987, 70th Leg., ch. 277, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 228, Sec. 1, eff. May 31, 1989;  Acts 1995, 74th Leg., ch. 315, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 428 (S.B. 900), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.343. Regulated Substances

Sec. 26.343.  REGULATED SUBSTANCES.  (a)  Regulated substances under this subchapter include:
(1)  a substance defined in Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.), but does not include a substance regulated as a hazardous waste under the federal Solid Waste Disposal Act (42 U.S.C. Section 6921 et seq.);
(2)  petroleum, including crude oil or a fraction of it, that is liquid at standard conditions of temperature and pressure;  and
(3)  any other substance designated by the commission.
(b)  Standard conditions of temperature and pressure under Subdivision (2) of Subsection (a) of this section are 60 degrees Fahrenheit and 14.7 pounds per square inch absolute.
Added by Acts 1987, 70th Leg., ch. 277, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.3441. Aboveground Storage Tanks

Sec. 26.3441.  ABOVEGROUND STORAGE TANKS.  (a)  An aboveground storage tank that is not exempt from regulation under Section 26.344 of this code is subject to the registration requirements of Section 26.346 of this code and to regulation by the commission only to the extent prescribed by this subchapter.
(b)  The commission may not develop a regulatory program for aboveground storage tanks that is more extensive than the regulatory program authorized by this subchapter unless additional regulation of aboveground storage tanks is necessary to comply or be in conformity with requirements adopted by the United States Environmental Protection Agency or with federal law.
Added by Acts 1989, 71st Leg., ch. 228, Sec. 2, eff. May 31, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.3443. Certain Commission Exemptions and Rules; Amendments and Alternative Standards

Sec. 26.3443.  CERTAIN COMMISSION EXEMPTIONS AND RULES; AMENDMENTS AND ALTERNATIVE STANDARDS.  (a)  The commission, in implementing the Performance Standards for Safety at Storage Vessels Program under Section 26.3442, may approve exemption of specific storage vessels otherwise subject to Section 26.3442 from regulation under the program if the legal owner or operator submits a request to the commission demonstrating that the vessel presents a sufficiently low risk of floods, storm surges, hurricanes, accidents, fires, explosions, or other hazards such that it does not warrant regulation under the program.
(b)  The commission shall establish through rulemaking the effective date of a federal law or regulation that the commission is implementing under Section 26.3442(d), or a national consensus standard that the commission is implementing under Section 26.3442(e).  The commission shall amend through rulemaking changes if a federal law or regulation or national consensus standard is amended in a way that materially conflicts with the commission's current implementation of the Performance Standards for Safety at Storage Vessels Program except to the extent that the commission determines, after a cost-benefit analysis and if not prohibited under federal law, that the program as currently implemented by the commission is sufficiently effective for protection of the health, safety, and welfare of the citizens of this state.
(c)  Notwithstanding the requirement of Section 26.3442(e) that the commission include only critical safety elements from specified national consensus standards, the commission may initiate a rulemaking proceeding to determine whether, for certain vessels in certain situations, an alternative national consensus standard would be at least as effective for public health and safety but more cost effective for the persons affected to implement.  The commission may by rule apply the alternative national consensus standard in circumstances under which it has determined the alternative standard is as effective for public health and safety but more cost effective.
Added by Acts 2021, 87th Leg., R.S., Ch. 428 (S.B. 900), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.3444. Certification Fee

Sec. 26.3444.  CERTIFICATION FEE.  (a)  The commission by rule shall establish fees in amounts sufficient to recover the reasonable costs to:
(1)  implement a registration program for affected facilities;
(2)  review initial and ten-year certifications;
(3)  amend certifications;
(4)  inspect certified facilities; and
(5)  enforce compliance with applicable standards of Section 26.3442 and rules and orders adopted under those subsections.
(b)  The certification fee under Subsection (a) shall be deposited to the credit of an account to be named the Performance Standards for Safety at Storage Vessels Program Account.
(c)  The commission may use the money in the Performance Standards for Safety at Storage Vessels Program Account to pay:
(1)  necessary expenses associated with the administration of the Performance Standards for Safety at Storage Vessels Program; and
(2)  expenses associated with the review and amendment of certifications, inspection of certified facilities, and enforcement of the applicable standards of Section 26.3442 and the rules and orders adopted by the Performance Standards for Safety at Storage Vessels Program.
Added by Acts 2021, 87th Leg., R.S., Ch. 428 (S.B. 900), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.345. Administrative Provisions

Sec. 26.345.  ADMINISTRATIVE PROVISIONS.  (a)  The commission shall administer this subchapter and may develop a regulatory program regarding underground and aboveground storage tanks in accordance with this subchapter.
(b)  In implementing this subchapter, the commission shall cooperate with:
(1)  cities and towns;
(2)  agencies, departments, and other political subdivisions of the state;  and
(3)  the United States and its agencies.
(c)  The commission may adopt rules necessary to carry out the purposes of this subchapter.
(d)  The commission may authorize the executive director to enter into contracts with a public agency, private person, or other entity for the purpose of implementing this subchapter.
(e)  The commission may enter into contracts and cooperative agreements with the federal government to carry out remedial action for releases from underground and aboveground storage tanks as authorized by the federal Solid Waste Disposal Act (42 U.S.C. Section 6901 et seq.).
Added by Acts 1987, 70th Leg., ch. 277, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 228, Sec. 3, eff. May 31, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter I. Underground and Aboveground Storage Tanks › Section 26.3465. Failure or Refusal to Provide Proof of Registration or Certification of Compliance

Sec. 26.3465.  FAILURE OR REFUSAL TO PROVIDE PROOF OF REGISTRATION OR CERTIFICATION OF COMPLIANCE.  An owner or operator of an underground storage tank who fails or refuses to provide, on request of the commission, proof of registration of or certification of compliance for an underground storage tank is liable for a civil penalty under Subchapter D, Chapter 7.
Added by Acts 1999, 76th Leg., ch. 1441, Sec. 3, eff. Sept. 1, 1999.