reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.105. Petition by Local Government for Rule on Hazardous Waste Facility in Unsuitable Area

Sec. 361.105.  PETITION BY LOCAL GOVERNMENT FOR RULE ON HAZARDOUS WASTE FACILITY IN UNSUITABLE AREA.  (a)  The commission by rule shall allow a local government to petition the commission for a rule that restricts or prohibits the siting of a new hazardous waste disposal facility or other new hazardous waste management facility in an area including an area meeting one or more of the characteristics described by Section 361.103.
(b)  A rule adopted under this section may not affect the siting of a new hazardous waste disposal facility or other new hazardous waste management facility if an application or a notice of intent to file an application concerning the facility is filed with the commission before the filing of a petition under this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.106. Prohibition on Permit for Landfill if Alternative Exists

Sec. 361.106.  PROHIBITION ON PERMIT FOR LANDFILL IF ALTERNATIVE EXISTS.  The commission by rule shall prohibit the issuance of a permit for a new hazardous waste landfill or the areal expansion of an existing hazardous waste landfill if there is a practical, economic, and feasible alternative to the landfill that is reasonably available to manage the types and classes of hazardous waste that might be disposed of at the landfill.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.107. Hydrogeologic Report for Certain Hazardous Waste Facilities

Sec. 361.107.  HYDROGEOLOGIC REPORT FOR CERTAIN HAZARDOUS WASTE FACILITIES.  The commission by rule shall require an applicant for a new hazardous waste landfill, land treatment facility, or surface impoundment that is to be located in the apparent recharge zone of a regional aquifer to prepare and file a hydrogeologic report documenting the potential effects, if any, on the regional aquifer in the event of a release from the waste containment system.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.108. Engineering Report for Hazardous Waste Landfill

Sec. 361.108.  ENGINEERING REPORT FOR HAZARDOUS WASTE LANDFILL.  The commission by rule shall require an applicant for a new hazardous waste landfill filed after January 1, 1986, to provide an engineering report evaluating:
(1)  the benefits, if any, associated with constructing the landfill above existing grade at the proposed site;
(2)  the costs associated with the above grade construction;  and
(3)  the potential adverse effects, if any, that would be associated with the above grade construction.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.111. Commission Shall Exempt Certain Municipal Solid Waste Management Facilities

Sec. 361.111.  COMMISSION SHALL EXEMPT CERTAIN MUNICIPAL SOLID WASTE MANAGEMENT FACILITIES.  (a)  The commission shall exempt from permit requirements a municipal solid waste management facility that is used in the transfer of municipal solid waste to a solid waste processing or disposal facility from:
(1)  a municipality with a population of less than 50,000;
(2)  a county with a population of less than 85,000;
Text of subd. (3) as added by Acts 1993, 73rd Leg., ch. 802, Sec. 5
(3)  a facility used in the transfer of municipal solid waste that will transfer 125 tons per day or less;  and
Text of subd. (3) as added by Acts 1993, 73rd Leg., ch. 899, Sec. 2.08 and Acts 1993, 73rd Leg., ch. 1045, Sec. 10
(3)  a facility used in the transfer of municipal solid waste that transfers or will transfer 125 tons a day or less;  or
Text of subd. (4) as added by Acts 1993, 73rd Leg., ch. 802, Sec. 5 and Acts 1993, 73rd Leg., ch. 1045, Sec. 10
(4)  a materials recovery facility that recycles for reuse more than 10 percent of its incoming nonsegregated waste stream if the remaining nonrecyclable waste is transferred to a permitted landfill not more than 50 miles from the materials recovery facility.
Text of subd. (4) as added by Acts 1993, 73rd Leg., ch. 899, Sec. 2.08
(4)  a materials recovery facility that recycles for reuse more than 10 percent of its incoming nonsegregated waste stream if the remaining nonrecyclable waste is transferred to a permitted Type I landfill not farther than 50 miles from the materials recovery facility.
(b)  The facility must comply with design and operational requirements established by commission rule that are necessary to protect the public's health and the environment.
Text of subsec. (c) as added by Acts 1993, 73rd Leg., ch. 802, Sec. 5
(c)  To qualify for this exemption, the applicant must hold a public meeting on the siting of the facility in the municipality or county where the facility is to be located.
Text of subsec. (c) as added by Acts 1993, 73rd Leg., ch. 899, Sec. 2.08 and Acts 1993, 73rd Leg., ch. 1045, Sec. 10
(c)  To qualify for an exemption under this section, an applicant must hold a public meeting about the siting of the facility in the municipality or county in which the facility is or will be located.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 17, eff. Sept. 6, 1990.  Amended by Acts 1993, 73rd Leg., ch. 802, Sec. 5, eff. June 18, 1993;  Acts 1993, 73rd Leg., ch. 899, Sec. 2.08, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 1045, Sec. 10, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.1125. Immediate Remediation or Removal of Hazardous Substance at Scrap Tire Site

Sec. 361.1125.  IMMEDIATE REMEDIATION OR REMOVAL OF HAZARDOUS SUBSTANCE AT SCRAP TIRE SITE.  (a)  In this section:
(1)  "Scrap tire" has the meaning assigned by Section 361.112.
(2)  "Scrap tire site" includes any site at which more than 500 scrap tires are located.
(b)  If the executive director after investigation finds that there exists a release or threat of release of a hazardous substance at a scrap tire site and immediate action is appropriate to protect human health and the environment, the commission may, with money available from money appropriated to the commission, undertake immediate remedial or removal action at the scrap tire site to achieve the necessary protection.
(c)  The reasonable expenses of immediate remedial or removal action by the commission under this section are recoverable from the persons described in Section 361.271, and the state may bring an action to recover the commission's reasonable expenses.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 9.01, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.113. Permit Conditions for the Operation of Hazardous Waste Management Facilities

Sec. 361.113.  PERMIT CONDITIONS FOR THE OPERATION OF HAZARDOUS WASTE MANAGEMENT FACILITIES.  (a)  The commission by rule shall establish requirements for commercial hazardous waste management facilities that will provide the opportunity for periodic monitoring of the operation of those facilities in order to assure that the facilities are in compliance with the terms of their respective permits.
(b)  In proposing and adopting rules to implement this section, the commission shall consider, at a minimum, a requirement that the facility owner or operator fund an independent inspector for the facility, a requirement for an independent annual environmental audit of the facility, a procedure for considering comments from affected parties on the selection of the independent inspector, a requirement that operational personnel at the permitted facility be certified by the state as competent to operate the size and type of hazardous waste management facility for which the permit has been issued, and a requirement that the facility provide for fence line and ambient air quality monitoring.
(c)  A requirement that is established by commission rule to implement this section shall be incorporated as appropriate into the conditions of a permit for a new hazardous waste management facility when the permit is issued and shall be incorporated into the conditions of a permit for an existing hazardous waste management facility when the permit is renewed.
Added by Acts 1991, 72nd Leg., ch. 296, Sec. 1.19, eff. June 7, 1991.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.114. Prohibition of Disposal of Hazardous Waste Into Certain Geological Formations

Sec. 361.114.  PROHIBITION OF DISPOSAL OF HAZARDOUS WASTE INTO CERTAIN GEOLOGICAL FORMATIONS.  The commission by rule shall prohibit the storage, processing, or disposal of hazardous waste in a solution-mined salt dome cavern or a sulphur mine.
Added by Acts 1991, 72nd Leg., ch. 296, Sec. 1.20, eff. June 7, 1991.  Amended by Acts 2001, 77th Leg., ch. 965, Sec. 9.02, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.115. Certification of Landfill Capacity to Municipality; Restrictions on Contract

Sec. 361.115.  CERTIFICATION OF LANDFILL CAPACITY TO MUNICIPALITY;  RESTRICTIONS ON CONTRACT.  (a)  The owner or operator of a solid waste landfill facility permitted by the commission or licensed by a county, before entering into a contract with a municipality for the disposal of the municipality's solid waste, must certify to the municipality that the facility has the capacity to dispose of the volume of waste proposed in the contract for the duration of the contract, if requested in writing by the municipality.
(b)  The owner or operator of a solid waste landfill facility permitted by the commission or licensed by a county who has a contract with a municipality to dispose of the municipality's solid waste may not enter into a contract to accept solid waste generated from outside the municipality's extraterritorial jurisdiction for disposal at the facility in an amount that would reduce the projected life of the facility to less than the remaining duration of the contract for the disposal of the municipality's waste unless alternative disposal is provided.
(c)  The owner or operator of a solid waste landfill facility permitted by the commission or licensed by a county who has a contract with a municipality for the disposal of the municipality's solid waste shall, if requested in writing by the municipality, certify and report to the municipality annually that the owner or operator has the capacity to fulfill its contractual obligations to the municipality for solid waste disposal.  The certification if requested must include a statement:
(1)  of the remaining permitted solid waste disposal capacity of the facility;
(2)  of the contractually committed volumes or tonnages of waste accepted at the facility;  and
(3)  from the owner or operator that the facility possesses the capacity to fulfill the disposal commitments in the contract with the municipality.
Added by Acts 1993, 73rd Leg., ch. 400, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.116. Disposal of Incidental Injection Well Waste

Sec. 361.116.  DISPOSAL OF INCIDENTAL INJECTION WELL WASTE.  Notwithstanding Chapter 2001, Government Code, and any other provision of this chapter, the commission shall grant to the owner or operator of a commercial hazardous waste disposal well facility originally permitted after June 7, 1991, a permit modification that authorizes the construction and operation of an on-site or adjoining landfill for the disposal of hazardous and nonhazardous solid waste generated by the operation of the facility if the proposed landfill meets all applicable state and federal design requirements and the commission follows a public notice and comment procedure that is consistent with 40 C.F.R. Section 270.42.
Added by Acts 1997, 75th Leg., ch. 1211, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.117. Disposal of Carcasses of Animals Killed on Roadways

Sec. 361.117.  DISPOSAL OF CARCASSES OF ANIMALS KILLED ON ROADWAYS.  (a)  Notwithstanding any other provision of this chapter, counties and municipalities may dispose of the carcasses of animals killed on county or municipal roadways by burying the carcasses on property owned by the entity that is responsible for road maintenance.  No permit shall be required to dispose of animal carcasses on county or municipal property.  Disposal shall be conducted in a manner consistent with public health.
(b)  Notwithstanding any other provision of this chapter, the Texas Department of Transportation may dispose of the carcasses of animals killed on the state highway system by burying the carcasses on state highway right-of-way.  No permit shall be required to dispose of animal carcasses on state highway right-of-way.  Disposal shall be conducted in a manner consistent with public health.
Added by Acts 1997, 75th Leg., ch. 276, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 361.116 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(67), eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.118. Remedial Action Regarding Industrial Solid Waste Disposed of in Municipal Solid Waste Landfill Facility

Sec. 361.118.  REMEDIAL ACTION REGARDING INDUSTRIAL SOLID WASTE DISPOSED OF IN MUNICIPAL SOLID WASTE LANDFILL FACILITY.  (a)  This section applies only to a municipal solid waste landfill facility:
(1)  for which the commission has issued a permit;  and
(2)  a portion of which:
(A)  has been used for the disposal of more than 15,000 barrels of industrial solid waste;
(B)  is closed;  and
(C)  is the subject of a notice regarding the former use of the property recorded in the real property records of the county in which the facility is located.
(b)  If the commission determines that there is a release or that a release is imminent into the environment of industrial solid waste disposed of in the portion of the facility that has been closed, the commission shall require the owner of the facility to remediate as necessary and to the extent practicable to prevent or minimize the release of the waste so that the waste does not migrate or have the potential to migrate.
(c)  If the commission requires the owner of the facility to remediate under Subsection (b), the owner shall develop a remedial action plan and must obtain a major amendment to the permit for the facility approving the plan.
(d)  This section does not limit the applicability of Section 26.121, Water Code.
Added by Acts 1999, 76th Leg., ch. 570, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.1191. Regulation of Certain Recycling Facilities in Certain Counties

Sec. 361.1191.  REGULATION OF CERTAIN RECYCLING FACILITIES IN CERTAIN COUNTIES.  (a)  This section applies only to a municipal solid waste recycling facility that does not hold a permit or registration issued by the commission that stores combustible materials to produce mulch or compost and is located in a county that:
(1)  has a population of more than 1.3 million; and
(2)  includes areas designated as a recharge or transition zone of an aquifer as defined under the commission's Edwards Aquifer Protection Program that is the sole or principal source of drinking water for an area designated under Section 1424(e), Safe Drinking Water Act of 1974 (42 U.S.C. Section 300h-3(e)) and by the Environmental Protection Agency as the Edwards Underground Reservoir under 40 Federal Register 58344.
(b)  The commission by rule shall:
(1)  prescribe time limits for processing and removing materials from a facility;
(2)  limit the amount of combustible material that may be stored at a recycling facility;
(3)  limit the size of a pile of combustible recyclable or recycled materials, including composting materials or mulch, at a recycling facility;
(4)  impose different standards for a recycling facility appropriate to the size and number of piles of combustible materials to be stored or processed at the facility;
(5)  require a recycling facility to establish fire lanes between piles of combustible materials;
(6)  require buffer zones between a recycling facility and a residence, school, or church; and
(7)  for a recycling facility that is located on a recharge or transition zone referenced in Subsection 361.1191(a)(2):
(A)  impose more stringent standards; and
(B)  require groundwater protection features, such as liners and monitor wells.
(c)  A rule adopted by the commission under this section does not become effective until the first anniversary of the date on which the rule was adopted.
Added by Acts 2007, 80th Leg., R.S., Ch. 1362 (H.B. 2541), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.120. Notice of Hearing and Requirements for Reopening of Closed or Inactive Landfills

Sec. 361.120.  NOTICE OF HEARING AND REQUIREMENTS FOR REOPENING OF CLOSED OR INACTIVE LANDFILLS.  (a)  This section applies to any municipal solid waste landfill facility permitted by the commission or any of its predecessor or successor agencies that have either stopped accepting waste, or only accepted waste pursuant to an emergency authorization, for a period of five years or longer.  This section shall not apply to any solid waste landfill facility that has received a permit but never received waste.
(b)  The commission or its successor agencies shall allow any municipal solid waste landfill facility covered by this section to be reopened and to accept waste again only if the permittee demonstrates compliance with all current state, federal, and local requirements, including but not limited to the requirements of Subtitle D of the federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) and the implementing Texas State regulations.
(c)  Except as provided in Subsections (d) and (e), the reopening of any such facility shall be considered a major amendment as such is defined by commission rules and shall subject the permittee to all of the procedural and substantive obligations imposed by the rules applicable to major amendments.
(d)  This section shall not apply to any municipal solid waste landfill facility that has received an approved modification to its permit as of the effective date of this section.
(e)  For any facility which is subject to a contract of sale as of January 1, 2001, the scope of the public hearing is to be limited to land use, as provided by Section 361.069.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 9.04, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.1215. Permissive Land Application of Dairy Waste

Sec. 361.1215.  PERMISSIVE LAND APPLICATION OF DAIRY WASTE.  (a)  In this section, "dairy waste" means milk, milk by-products, or milk processing waste that is spilled, spoiled, adulterated, unmarketable, stranded, or otherwise unfit for human consumption produced by a dairy operation.
(b)  Notwithstanding any other law, the commission shall issue an authorization by rule for land application of dairy waste.
(c)  The commission shall adopt rules governing the land application of dairy waste authorized under this section.
(d)  Rules adopted under Subsection (c) must:
(1)  minimize the risk of water quality impairment caused by the land application; and
(2)  prescribe the conditions under which an authorization is issued, including:
(A)  the duration of the authorization;
(B)  the location of the land application unit;
(C)  the maximum quantity or application rate of dairy waste that may be applied or disposed of under the authorization;
(D)  the suggested agronomic application rate for the dairy waste or other beneficial uses of the dairy waste; and
(E)  best management practices for the handling and disposal of dairy waste.
Added by Acts 2023, 88th Leg., R.S., Ch. 175 (H.B. 692), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.122. Denial of Certain Landfill Permits

Sec. 361.122.  DENIAL OF CERTAIN LANDFILL PERMITS.  The commission may not issue a permit for a Type IV landfill if:
(1)  the proposed site is located within 100 feet of a canal that is used as a public drinking water source or for irrigation of crops used for human or animal consumption;
(2)  the proposed site is located in a county with a population of more than 225,000 that is located adjacent to the Gulf of Mexico;  and
(3)  prior to final consideration of the application by the commission, the commissioners of the county in which the facility is located have adopted a resolution recommending denial of the application.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 9.08, 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 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.123. Limitation on Location of Municipal Solid Waste Landfills

Sec. 361.123.  LIMITATION ON LOCATION OF MUNICIPAL SOLID WASTE LANDFILLS.  (a)  This section applies to an application for a permit for a new Type I or new Type IV municipal solid waste landfill or for a permit or permit amendment authorizing the conversion of a Type IV municipal solid waste landfill to a Type I municipal solid waste landfill only if the landfill or proposed site for the new landfill is located in a county that is adjacent to a county with a population of more than 3.3 million and inside the boundaries of a national forest, as designated by the United States Forest Service, on public or private land.
(b)  The commission may not issue a permit for a new Type I or new Type IV municipal solid waste landfill to be located as described by Subsection (a).
(c)  The commission may not issue a permit or permit amendment authorizing the conversion of a Type IV municipal solid waste landfill located as described by Subsection (a) to a Type I municipal solid waste landfill.
(d)  This section does not apply to an application for a permit or permit amendment authorizing an areal expansion of an existing Type I municipal solid waste landfill.
Added by Acts 2005, 79th Leg., Ch. 1027 (H.B. 1053), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.1231. Limitation on Expansion of Certain Landfills

Sec. 361.1231.  LIMITATION ON EXPANSION OF CERTAIN LANDFILLS. (a) This section applies only to a municipally owned Type I municipal solid waste landfill permitted by the state before 1980 that:
(1)  is located wholly inside the boundaries of a municipality; and
(2)  is owned by a municipality other than the municipality in which it is located.
(b)  Notwithstanding any other provision of this subchapter, the commission may not approve an application for the issuance, amendment, or renewal of a permit that seeks to expand the area or capacity of a landfill unless  the governing body of the municipality in which the landfill is located first approves by resolution or order the issuance, amendment, or renewal of the permit.
(c)  The commission shall provide the members of the legislature who represent the district containing the landfill described in the permit with an opportunity to comment on the application and shall consider those comments in evaluating an application under this subchapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 861 (H.B. 281), Sec. 1, eff. June 18, 2015.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.124. Allowed Wastes and Exemptions for Certain Small Municipal Solid Waste Landfills in Arid Areas

Sec. 361.124.  ALLOWED WASTES AND EXEMPTIONS FOR CERTAIN SMALL MUNICIPAL SOLID WASTE LANDFILLS IN ARID AREAS.  (a)  In this section:
(1)  "Construction or demolition waste" means any material waste that is the byproduct of a construction or demolition project, including paper, cartons, gypsum board, wood, excelsior, rubber, and plastics.
(2)  "Small municipal solid waste landfill unit" means a discrete area of land or an excavation that:
(A)  receives municipal solid waste or other solid wastes allowed by law; and
(B)  disposes of less than 20 tons of municipal solid waste daily based on an annual average.
(b)  This section applies only to a small municipal solid waste landfill unit that is permitted as an arid exempt landfill under commission rules.
(c)  A small municipal solid waste landfill unit daily may dispose of less than 20 tons of construction or demolition waste in addition to the municipal solid waste the unit normally receives.
(d)  The commission, in accordance with state and federal solid wastes laws, may, under rules adopted by the commission, grant a small municipal solid waste landfill unit an exemption from the requirements for groundwater protection design and operation and groundwater monitoring and corrective action if there is no evidence of groundwater contamination from the unit.
(e)  The commission shall adopt rules as are necessary to implement this section in a manner that maintains compliance with and state program authorization under Section 3006 of the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.).
Added by Acts 2005, 79th Leg., Ch. 582 (H.B. 1609), Sec. 4, eff. September 1, 2005.
Renumbered from Health and Safety Code, Section 361.123 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(48), eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.126. Disposal of Demolition Waste From Abandoned or Nuisance Building

Sec. 361.126.  DISPOSAL OF DEMOLITION WASTE FROM ABANDONED OR NUISANCE BUILDING.  (a)  This section applies only to a building that has been:
(1)  abandoned or found to be a nuisance;
(2)  acquired by the county or municipality by means of:
(A)  bankruptcy;
(B)  tax delinquency; or
(C)  condemnation; and
(3)  previously owned by a person not financially capable of paying the costs of the disposal of demolition waste at a permitted solid waste disposal facility, including transportation of the waste to the facility.
(b)  The commission may issue a permit by rule to authorize the governing body of a county or municipality with a population of 12,000 or less to dispose of demolition waste from a building if the disposal occurs on land that:
(1)  the county or municipality owns or controls; and
(2)  would qualify for an arid exemption under commission rules.
(c)  The commission shall adopt rules under Section 361.024 to control the collection, handling, storage, processing, and disposal of demolition waste under this section to protect public and private property, rights-of-way, groundwater, and any other right that requires protection.
Added by Acts 2011, 82nd Leg., R.S., Ch. 71 (S.B. 1258), Sec. 1, eff. May 17, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 449 (S.B. 819), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter D. Industrial Solid Waste and Hazardous Waste Generation, Facility, and Management; Fees and Funds › Section 361.131. Definitions

Sec. 361.131.  DEFINITIONS.  In this subchapter:
(1)  "Captured facility" means a manufacturing or production facility which generates an industrial solid waste or hazardous waste which is routinely stored, processed, or disposed, on a shared basis, in an integrated waste management unit owned and operated by and located within a contiguous manufacturing facility.
(2)  "Commercial waste storage, processing, or disposal facility" includes any facility that accepts an industrial solid waste or a hazardous waste for storage, processing, including incineration, or disposal for a charge.
(3)  "Dry weight" means the weight of constituents other than water.
(4)  "Generator" means a person whose act or process produces industrial solid waste or hazardous waste or whose act first causes an industrial solid waste or a hazardous waste to be regulated by the commission.
(5)  "Hazardous waste" means solid waste not otherwise exempt that is identified or listed as hazardous waste by the administrator of the United States Environmental Protection Agency under the federal Solid Waste Disposal Act, as amended (42 U.S.C. Section 6901 et seq.).
(6)  "Land disposal" does not include the normal application of agricultural chemicals or fertilizers.
(7)  "Land disposal facility" includes:
(A)  a landfill;
(B)  a surface impoundment, excluding an impoundment treating or storing waste that is disposed of under Chapter 26 or 27, Water Code;
(C)  a waste pile;
(D)  a facility at which land treatment, land farming, or a land application process is used;  and
(E)  an injection well.
(8)  "Noncommercial waste storage, processing, or disposal facility" includes any facility that accepts an industrial solid waste or a hazardous waste for storage, processing, including incineration, or disposal for no charge or that stores, processes, or disposes of waste generated on site.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 19, eff. Sept. 6, 1990;  Acts 1991, 72nd Leg., ch. 692, Sec. 1, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., ch. 710, Sec. 4, eff. Aug. 26, 1991;  Acts 1993, 73rd Leg., ch. 379, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter D. Industrial Solid Waste and Hazardous Waste Generation, Facility, and Management; Fees and Funds › Section 361.132. Hazardous and Solid Waste Fees; Waste Management Account

Sec. 361.132.  HAZARDOUS AND SOLID WASTE FEES;  WASTE MANAGEMENT ACCOUNT.  (a)  The waste management account is an account in the general revenue fund.
(b)  The account consists of money:
(1)  collected by the commission under this subchapter as:
(A)  fees imposed on generators of industrial solid waste or hazardous waste under Section 361.134;
(B)  fees imposed on owners or operators of permitted industrial solid waste or hazardous waste facilities, or owners or operators of industrial solid waste or hazardous waste facilities subject to the requirement of permit authorization, under Section 361.135;
(C)  fees imposed on the owner or operator of an industrial solid waste or hazardous waste facility for noncommercial and commercial management or disposal of hazardous waste or commercial disposal of industrial solid waste under Section 361.136;
(D)  fees imposed on applicants for industrial solid waste and hazardous waste permits under Section 361.137;  and
(E)  interest and penalties imposed under Section 361.140 for late payment of industrial solid waste and hazardous waste fees authorized under this subchapter;  or
(2)  deposited to the account as otherwise provided by law.
(c)  Except as provided by Section 361.136(l)(1), the commission may use the money collected under this subchapter only for regulation of industrial solid and hazardous waste under this chapter, including payment to other state agencies for services provided under contract concerning enforcement of this chapter.
(d)  Any unobligated balance in the account at the end of the state fiscal year may, at the discretion of the commission, be transferred to the hazardous and solid waste remediation fee account.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 20, eff. Sept. 6, 1990;  Acts 1991, 72nd Leg., ch. 710, Sec. 4, eff. Aug. 26, 1991;  Acts 1993, 73rd Leg., ch. 379, Sec. 2, eff. Aug. 30, 1993;  Acts 1997, 75th Leg., ch. 333, Sec. 37, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter D. Industrial Solid Waste and Hazardous Waste Generation, Facility, and Management; Fees and Funds › Section 361.134. Industrial Solid Waste and Hazardous Waste Generation Fee

Sec. 361.134.  INDUSTRIAL SOLID WASTE AND HAZARDOUS WASTE GENERATION FEE.  (a)  The annual generation fee prescribed by this section is imposed on each generator who generates Class I industrial solid waste or hazardous waste during any part of the year.
(b)  The commission shall:
(1)  require each generator of industrial solid waste or hazardous waste to register its activities;  and
(2)  collect the annual generation fee imposed under this section.
(c)  The commission by rule shall adopt a generation fee schedule for use in determining the amount of fees to be charged.  The annual generation fee may not be less than $50 and may not be more than $50,000 for generation of hazardous waste or more than $10,000 for generation of nonhazardous waste.
(d)  The commission by rule may exempt generators of small quantities of Class I industrial solid waste or hazardous waste from the payment of a generation fee under this section.
(e)  Wastes generated in a removal or remedial action accomplished through the expenditure of public funds from the hazardous and solid waste remediation fee account shall be exempt from any generation fee assessed under this section.
(f)  Wastewaters containing hazardous wastes which are designated as hazardous solely because they exhibit a hazardous characteristic as defined in 40 Code of Federal Regulations, Part 261, Subpart C, relating to characteristics of hazardous waste, and are rendered nonhazardous by neutralization or other treatment on-site in totally enclosed treatment facilities or wastewater treatment units for which no permit is required under this chapter are exempt from the assessment of hazardous waste generation fees.  By rule, the commission may authorize additional exemptions if consistent with state waste management policy.  An exemption from fee assessment does not limit a generator's obligation to report waste generation or waste management activity under any applicable regulation of the commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 710, Sec. 4, eff. Aug. 26, 1991;  Acts 1993, 73rd Leg., ch. 379, Sec. 4, eff. Aug. 30, 1993;  Acts 1997, 75th Leg., ch. 333, Sec. 39, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter D. Industrial Solid Waste and Hazardous Waste Generation, Facility, and Management; Fees and Funds › Section 361.135. Industrial Solid Waste and Hazardous Waste Facility Fee

Sec. 361.135.  INDUSTRIAL SOLID WASTE AND HAZARDOUS WASTE FACILITY FEE.  (a)  The annual facility fee prescribed by this section is imposed on each person who holds one or more permits for the management of Class I industrial solid waste or hazardous waste or is operating a waste management unit subject to the requirement for permit authorization to process, store, or dispose of Class I industrial solid waste or hazardous waste during any part of the year.
(b)  The commission by rule shall adopt a facility fee schedule for determining the amount of each annual fee to be charged.
(c)  The annual facility fee may not be less than $250. The maximum fee for a facility may not exceed $25,000. The annual fee to be charged each Class I industrial solid waste or hazardous waste facility must be that set by the fee schedule adopted by the commission.
(d)  The commission shall collect the facility fee imposed under this section.
(e)  During a year in which a facility subject to interim status hazardous waste management requirements receives a final permit, the facility fee under this section may be imposed only on one of those classifications.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 710, Sec. 4, eff. Aug. 26, 1991.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter D. Industrial Solid Waste and Hazardous Waste Generation, Facility, and Management; Fees and Funds › Section 361.137. Permit Application Fee

Sec. 361.137.  PERMIT APPLICATION FEE.  (a)  A permit application fee is imposed on each applicant for an industrial solid waste or hazardous waste permit.
(b)  The commission by rule shall establish the fee for permit applications at an amount that is reasonable to recover the demonstrable costs of processing an application and developing a draft permit, but that is not less than $2,000 nor more than $50,000. An additional fee may not be assessed for a draft permit returned for further processing unless the application is withdrawn.
(c)  The commission may also establish a fee rate for approval of applications or petitions other than new permits, including but not limited to minor amendments, modifications, and closure plans, which fee may be less than $2,000.
(d)  Application fees collected under this section shall be deposited to the credit of the waste management account.
Added by Acts 1991, 72nd Leg., ch. 710, Sec. 9, eff. Aug. 26, 1991.  Amended by Acts 1993, 73rd Leg., ch. 1044, Sec. 2, eff. June 20, 1993;  Acts 1997, 75th Leg., ch. 333, Sec. 41, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter D. Industrial Solid Waste and Hazardous Waste Generation, Facility, and Management; Fees and Funds › Section 361.140. Interest and Penalties

Sec. 361.140.  INTEREST AND PENALTIES.  (a)  The commission by rule shall establish requirements for the assessment of penalties and interest for late payment of fees owed the state under Sections 361.134 through 361.137.  Penalties and interest established under this section shall not exceed rates established for delinquent taxes under Sections 111.060 and 111.061, Tax Code.
(b)  Interest collected under this section for late payment of a fee shall be deposited in the state treasury to the credit of the respective fund to which the late fee is credited.
(c)  Relettered as subsec. (b) by Acts 1997, 75th Leg., ch. 1072, Sec. 32, eff. Sept. 1, 1997.
(d)  Expired.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 23, eff. Sept. 6, 1990.  Renumbered from Sec. 361.137 and amended by Acts 1991, 72nd Leg., ch. 710, Sec. 8, eff. Aug. 26, 1991.  Amended by Acts 1993, 73rd Leg., ch. 379, Sec. 8, eff. Aug. 30, 1993;  Acts 1997, 75th Leg., ch. 333, Sec. 43, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1072, Sec. 32, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter E. Powers and Duties of Local Governments › Section 361.151. Relationship of County Authority to State Authority

Sec. 361.151.  RELATIONSHIP OF COUNTY AUTHORITY TO STATE AUTHORITY.  (a)  Each county has the solid waste management powers prescribed under this subchapter.
(b)  The exercise of the licensing authority and other powers granted to a county by this chapter does not preclude the commission from exercising the powers vested in the commission under other provisions of this chapter, including the provisions authorizing the commission to issue a permit to construct, operate, and maintain a facility to process, store, or dispose of solid waste.
(c)  The commission, by specific action or directive, may supersede any authority granted to or exercised by a county under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.57, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter E. Powers and Duties of Local Governments › Section 361.152. Limitation on County Powers Concerning Industrial Solid Waste

Sec. 361.152.  LIMITATION ON COUNTY POWERS CONCERNING INDUSTRIAL SOLID WASTE.  The powers specified by Sections 361.154-361.162 and Section 364.011 (County Solid Waste Control Act) may not be exercised by a county with respect to the industrial solid waste disposal practices and areas to which Section 361.090 applies.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 570, Sec. 3, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter E. Powers and Duties of Local Governments › Section 361.153. County Solid Waste Plans and Programs; Fees

Sec. 361.153.  COUNTY SOLID WASTE PLANS AND PROGRAMS;  FEES.  (a)  A county may appropriate and spend money from its general revenues to manage solid waste and to administer a solid waste program and may charge reasonable fees for those services.
(b)  As sufficient funds are made available by the commission, a county shall develop county solid waste plans and coordinate those plans with the plans of:
(1)  local governments, regional planning agencies, and other governmental entities, as prescribed by Subchapter D, Chapter 363;   and
(2)  the commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 25, eff. Sept. 6, 1990;  Acts 1995, 74th Leg., ch. 76, Sec. 11.58, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter E. Powers and Duties of Local Governments › Section 361.154. County Licensing Authority

Sec. 361.154.  COUNTY LICENSING AUTHORITY.  (a)  Except as provided by Sections 361.151 and 361.152, a county may require and issue licenses authorizing and governing the operation and maintenance of facilities used to process, store, or dispose of solid waste, other than hazardous waste, in an area not in the territorial limits or extraterritorial jurisdiction of a municipality.
(b)  If a county exercises licensing authority, it shall adopt and enforce rules for the management of solid waste.  The rules must be:
(1)  compatible with and not less stringent than those of the commission;  and
(2)  approved by the commission.
(c)  Sections 361.155-361.161 apply if a county exercises licensing authority under this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.59, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter E. Powers and Duties of Local Governments › Section 361.155. County Notification of License Application to Commission

Sec. 361.155.  COUNTY NOTIFICATION OF LICENSE APPLICATION TO COMMISSION.  The county shall mail a copy of each license application with pertinent supporting data to the commission.  The commission has at least 60 days to submit comments and recommendations on the license application before the county may act on the application unless that privilege is waived by the commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.60, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter E. Powers and Duties of Local Governments › Section 361.156. Separate License for Each Facility

Sec. 361.156.  SEPARATE LICENSE FOR EACH FACILITY.  (a)  A county shall issue a separate license for each solid waste facility.
(b)  A license under this subchapter may be issued only to the person in whose name the application is made and only for the facility described in the license.
(c)  A license may not be transferred without prior notice to and approval by the county that issued it.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.