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 B. Powers and Duties of Commission › Section 361.017. Commission's Jurisdiction: Industrial Solid Waste and Hazardous Municipal Waste

Sec. 361.017.  COMMISSION'S JURISDICTION:  INDUSTRIAL SOLID WASTE AND HAZARDOUS MUNICIPAL WASTE.  (a)  The commission is responsible for the management of industrial solid waste and hazardous municipal waste and shall coordinate industrial solid waste activities and hazardous municipal waste activities.
(b)  The commission shall accomplish the purposes of this chapter by controlling all aspects of the management of industrial solid waste and hazardous municipal waste by all practical and economically feasible methods consistent with its powers and duties under this chapter and other law.
(c)  The commission has the powers and duties specifically prescribed by this chapter and all other powers necessary or convenient to carry out its responsibilities under this chapter.
(d)  In matters relating to industrial solid waste and hazardous municipal waste, the commission shall:
(1)  consider the public health aspects and the air pollution control and ambient air quality aspects;  and
(2)  consult with the attorney general's office for assistance in determining whether referral to the attorney general for enforcement is mandatory under Section 361.224 or whether referral is appropriate, in the commission's discretion, for the disposition of enforcement matters under this chapter.
(e)  If referral is determined to be mandatory or appropriate, the commission shall consult with the attorney general's office for assistance in determining whether criminal or civil enforcement action should be taken.  The commission shall use all available enforcement options.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.03, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.23, 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 B. Powers and Duties of Commission › Section 361.018. Commission's Jurisdiction Over Hazardous Waste Components of Radioactive Waste

Sec. 361.018.  COMMISSION'S JURISDICTION OVER HAZARDOUS WASTE COMPONENTS OF RADIOACTIVE WASTE.  (a)  The commission has the powers under this chapter necessary or convenient to carry out its responsibilities concerning the regulation of the management of hazardous waste components of radioactive waste under the jurisdiction of the Department of State Health Services.
(b)  The commission shall consult with the Department of State Health Services concerning regulation and management under this section, except for activities solely under the commission's jurisdiction.
(c)  The commission may not adopt rules or engage in management activities under this section that conflict with state or federal laws and rules concerning the regulation of radioactive waste.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.24, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0889, eff. April 2, 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 B. Powers and Duties of Commission › Section 361.019. Approval of Industrial Solid Waste Management in Municipal Solid Waste Facility

Sec. 361.019.  APPROVAL OF INDUSTRIAL SOLID WASTE MANAGEMENT IN MUNICIPAL SOLID WASTE FACILITY.  (a)  Except as provided by Subsection (b), Class I nonhazardous industrial solid waste and small quantities of hazardous waste generated by conditionally exempt small quantity generators, as defined by the commission, may be accepted in a municipal solid waste facility if:
(1)  authorized in writing by, or by rule of, the commission;  and
(2)  the generator of the Class I nonhazardous waste certifies on an appropriate commission form that the waste is not a hazardous waste.
(b)  Except as otherwise prohibited by this chapter, nonhazardous industrial solid waste generated by the mechanical shredding of motor vehicles, appliances, or other items of scrap, used, or obsolete metals shall be accepted, without authorization by the commission under Subsection (a), in a municipal solid waste facility that has previously been authorized to accept and has accepted Class I nonhazardous industrial solid wastes or Class II industrial solid wastes if the waste contains no free liquids, is not a hazardous waste as defined in Section 361.003, and satisfies other criteria that may be established by commission rule.  Until the commission adopts rules establishing additional criteria, generators of this type of waste shall satisfy the two criteria described in this subsection when these wastes are disposed of in municipal solid waste facilities.
(c)  Municipal solid waste may be accepted in an industrial solid waste facility if authorized in writing by 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. 5, eff. Sept. 6, 1990;  Acts 1991, 72nd Leg., ch. 703, Sec. 2, eff. Aug. 26, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.24, 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 B. Powers and Duties of Commission › Section 361.0202. Development of Education Programs

Sec. 361.0202.  DEVELOPMENT OF EDUCATION PROGRAMS.  (a)  The commission shall develop a public awareness program to increase awareness of individual responsibility for properly reducing and disposing of municipal solid waste and to encourage participation in waste source reduction, composting, reuse, and recycling.  The program shall include:
(1)  a media campaign to develop and disseminate educational materials designed to establish broad public understanding and compliance with the state's waste reduction and recycling goals;  and
(2)  a curriculum, developed in cooperation with the commissioner of education and suitable for use in programs from kindergarten through high school, that promotes waste reduction and recycling.
(b)  As part of the program, the commission may:
(1)  advise and consult with individuals, businesses, and manufacturers on source reduction techniques and recycling;  and
(2)  sponsor or cosponsor with public and private organizations technical workshops and seminars on source reduction and recycling.
Added by Acts 1993, 73rd Leg., ch. 899, Sec. 2.04, eff. Aug. 30, 1993 and Acts 1993, 73rd Leg., ch. 1045, Sec. 5, 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 B. Powers and Duties of Commission › Section 361.0215. Pollution Prevention Advisory Committee

Sec. 361.0215.  POLLUTION PREVENTION ADVISORY COMMITTEE.  (a)  The pollution prevention advisory committee is composed of nine members with a balanced representation of environmental and public interest groups and the regulated community.
(b)  The committee shall advise the commission and interagency coordination council on:
(1)  the appropriate organization of state agencies and the financial and technical resources required to aid the state in its efforts to promote waste reduction and minimization;
(2)  the development of public awareness programs to educate citizens about hazardous waste and the appropriate disposal of hazardous waste and hazardous materials that are used and collected by households;
(3)  the provision of technical assistance to local governments for the development of waste management strategies designed to assist small quantity generators of hazardous waste;  and
(4)  other possible programs to more effectively implement the state's hierarchy of preferred waste management technologies as set forth in Section 361.023(a).
(c)  The committee shall advise the commission on the creation and implementation of the strategically directed regulatory structure developed under Section 5.755, Water Code.
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(3), eff. September 1, 2019.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 7, eff. Sept. 6, 1990.  Amended by Acts 1991, 72nd Leg., ch. 296, Sec. 2.04, eff. June 7, 1991;  Acts 1991, 72nd Leg., ch. 590, Sec. 4, eff. June 16, 1991;  Acts 1997, 75th Leg., ch. 965, Sec. 1, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 965, Sec. 4.04, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(3), eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter B. Powers and Duties of Commission › Section 361.0216. Office of Pollution Prevention

Sec. 361.0216.  OFFICE OF POLLUTION PREVENTION.  The office of pollution prevention is created in the executive office of the commission to direct and coordinate all source reduction and waste minimization activities of the commission.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 7, eff. Sept. 6, 1990.  Amended by Acts 1991, 72nd Leg., ch. 296, Sec. 2.05, eff. June 7, 1991;  Acts 1991, 72nd Leg., ch. 590, Sec. 5, eff. June 16, 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 B. Powers and Duties of Commission › Section 361.0219. Office of Waste Exchange

Sec. 361.0219.  OFFICE OF WASTE EXCHANGE.  (a)  The office of waste exchange is an office of the commission.
(b)  The office shall facilitate the exchange of solid waste, recyclable or compostable materials, and other secondary materials among persons that generate, recycle, compost, or reuse those materials, in order to foster greater recycling, composting, and reuse in the state.  At least one party to such an exchange must be in the state.  The office shall provide information to interested persons on arranging exchanges of these materials in order to allow greater recycling, composting, and reuse of the materials, and may act as broker for exchanges of the materials if private brokers are not available.
(c)  The office of waste exchange shall adopt a plan for providing to interested persons information on waste exchange. Biennially the office of waste exchange shall report to the commission on progress in implementing this section, including the plan to provide information on waste exchange, the state's participation in any national or regional waste exchange program, and information on the movement and exchange of materials and the effect on recycling, composting, and reuse rates in the state.  The commission shall submit the report by December 1 of each even-numbered year as required by Section 5.178(b), Water Code.
Added by Acts 1993, 73rd Leg., ch. 899, Sec. 2.05, eff. Aug. 30, 1993 and Acts 1993, 73rd Leg., ch. 1045, Sec. 6, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1082, Sec. 5, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter B. Powers and Duties of Commission › Section 361.022. Public Policy Concerning Municipal Solid Waste and Sludge

Sec. 361.022.  PUBLIC POLICY CONCERNING MUNICIPAL SOLID WASTE AND SLUDGE.  (a)  To protect the public health and environment, it is the state's goal, through source reduction, to eliminate the generation of municipal solid waste and municipal sludge to the maximum extent that is technologically and economically feasible.  Therefore, it is the state's public policy that, in generating, treating, storing, and disposing of municipal solid waste or municipal sludge, the methods listed under Subsections (b) and (c) are preferred to the extent economically and technologically feasible and considering the appropriateness of the method to the type of solid waste material or sludge generated, treated, disposed of, or stored.
(b)  For municipal solid waste, not including sludge, the following methods are preferred, in the order listed:
(1)  source reduction and waste minimization;
(2)  reuse or recycling of waste;
(3)  treatment to destroy or reprocess waste to recover energy or other beneficial resources if the treatment does not threaten public health, safety, or the environment;  or
(4)  land disposal.
(c)  For municipal sludge, the following methods are preferred, in the order listed:
(1)  source reduction and minimization of sludge production and concentrations of heavy metals and other toxins in sludge;
(2)  treatment of sludge to reduce pathogens and recover energy, produce beneficial by-products, or reduce the quantity of sludge;
(3)  marketing and distribution of sludge and sludge products if the marketing and distribution do not threaten public health, safety, or the environment;
(4)  applying sludge to land for beneficial use;
(5)  land treatment;  or
(6)  landfilling.
(d)  In adopting rules to implement public policy concerning municipal solid waste management, the commission shall consider the preference of municipal solid waste management methods under this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 231, Sec. 1, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.27, 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 B. Powers and Duties of Commission › Section 361.023. Public Policy Concerning Hazardous Waste

Sec. 361.023.  PUBLIC POLICY CONCERNING HAZARDOUS WASTE.  (a)  To protect the public health and environment, it is the state's goal, through source reduction, to eliminate the generation of hazardous waste to the maximum extent that is technologically and economically feasible.  Therefore, it is the state's public policy that, in generating, treating, storing, and disposing of hazardous waste, the following methods are preferred to the extent economically and technologically feasible, in the order listed:
(1)  source reduction;
(2)  reuse or recycling of waste, or both;
(3)  treatment to destroy hazardous characteristics;
(4)  treatment to reduce hazardous characteristics;
(5)  underground injection;  and
(6)  land disposal.
(b)  Under Subsection (a)(3), on-site destruction is preferred, but it shall be evaluated in the context of other relevant factors such as transportation hazard, distribution of risk, quality of destruction, operator capability, and site suitability.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 231, Sec. 2, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter B. Powers and Duties of Commission › Section 361.0231. Public Policy Concerning Adequate Capacity for Industrial and Hazardous Waste

Sec. 361.0231.  PUBLIC POLICY CONCERNING ADEQUATE CAPACITY FOR INDUSTRIAL AND HAZARDOUS WASTE.  (a)  To protect the public health and environment taking into consideration the economic development of the state, and assure the continuation of the federal funding for abandoned facility response actions, it is the state public policy that adequate capacity should exist for the proper management of industrial and hazardous waste generated in this state.
(b)  "Adequate capacity" is the capacity necessary to manage the industrial and hazardous waste that remains after application, to the maximum extent economically and technologically feasible, of waste reduction techniques.
(c)  It is further the state's policy that, wherever feasible, the generation of hazardous waste is to be reduced or eliminated as expeditiously as possible.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 8, eff. Sept. 6, 1990.  Amended by Acts 2001, 77th Leg., ch. 965, Sec. 1.25, 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 B. Powers and Duties of Commission › Section 361.0235. Hazardous Waste Generated in Foreign Country

Sec. 361.0235.  HAZARDOUS WASTE GENERATED IN FOREIGN COUNTRY.  (a)  Except as otherwise provided by this section, a person may not receive, transport, or cause to be transported into this state, for the purpose of treatment, storage, or disposal in this state, hazardous waste generated in a country other than the United States.
(b)  This section may not be construed or applied in a manner that interferes with the authority of the federal government to regulate commerce with foreign nations and among the several states provided by Article I, Section 8, Clause 3, of the United States Constitution.
(c)  This section does not apply to a person who transports or receives material from a country other than the United States for:
(1)  recycling or reuse of the material;  or
(2)  use of the material as a feedstock or ingredient in the production of a new product.
(d)  This section does not apply to waste transported or received for treatment, storage, or disposal at a hazardous waste management facility that is owned by the generator of the waste or by a parent, subsidiary, or affiliated corporation of the generator.
(e)  This section does not apply to waste received by:
(1)  a producer of the product or material from which the waste is generated;  or
(2)  a parent, subsidiary, or affiliated corporation of such producer.
(f)  This section does not apply to waste generated in Mexico at an approved maquiladora facility to the extent that such waste:
(1)  was generated as a result of the processing or fabrication of materials imported into Mexico from Texas on a temporary basis;  and
(2)  is required to be re-exported to the United States under Mexican law.
Added by Acts 1991, 72nd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Health & Safety Code Sec. 361.0232 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(27), 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 B. Powers and Duties of Commission › Section 361.024. Rules and Standards

Sec. 361.024.  RULES AND STANDARDS.  (a)  The commission may adopt rules consistent with this chapter and establish minimum standards of operation for the management and control of solid waste under this chapter.
(b)  In developing rules concerning hazardous waste, the commission shall consult with the State Soil and Water Conservation Board, the Bureau of Economic Geology of The University of Texas at Austin, and other appropriate state sources.
(c)  The minimum standards set by the commission for on-site storage of hazardous waste must be at least the minimum standards set by the manufacturer of the chemical.
(d)  Rules adopted by the commission under Section 361.036 and Sections 361.097-361.108 for solid waste facilities may differ according to the type or hazard of hazardous waste managed and the type of waste management method used.
(e)  Rules shall be adopted as provided by Chapter 2001, Government Code.  As provided by that Act, the commission must adopt rules when adopting, repealing, or amending any agency statement of general applicability that interprets or prescribes law or policy or describes the procedure or practice requirements of the agency.  The commission shall follow its own rules as adopted until it changes them in accordance with that Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 899, Sec. 2.06, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 1045, Sec. 8, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 11.30, 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 B. Powers and Duties of Commission › Section 361.025. Exempt Activities

Sec. 361.025.  EXEMPT ACTIVITIES.  (a)  The commission and the Railroad Commission of Texas shall jointly prepare an exclusive list of activities that are associated with oil and gas exploration, development, and production and are therefore exempt from regulation under this chapter.
(b)  The list shall be adopted by rule and amended as necessary.
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 B. Powers and Duties of Commission › Section 361.026. Assistance Provided by Commission

Sec. 361.026.  ASSISTANCE PROVIDED BY COMMISSION.  The commission may:
(1)  provide educational, advisory, and technical services concerning solid waste management to other state agencies, regional planning agencies, local governments, special districts, institutions, and individuals;  and
(2)  assist other state agencies, regional planning agencies, local governments, special districts, and institutions in acquiring federal grants for:
(A)  the development of solid waste facilities and management programs;  and
(B)  research to improve solid waste management.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.31, 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 B. Powers and Duties of Commission › Section 361.027. Licensure of Solid Waste Facility Supervisors

Sec. 361.027.  LICENSURE OF SOLID WASTE FACILITY SUPERVISORS.  The commission may implement a program under Chapter 37, Water Code, to license persons who supervise the operation or maintenance of solid waste facilities.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.32, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 333, Sec. 36, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 880, Sec. 20, 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 B. Powers and Duties of Commission › Section 361.028. Industrial Solid and Hazardous Waste Materials Exchange

Sec. 361.028.  INDUSTRIAL SOLID AND HAZARDOUS WASTE MATERIALS EXCHANGE.  (a)  The commission shall establish an industrial solid and hazardous waste materials exchange that provides for the exchange, between interested persons, of information concerning:
(1)  particular quantities of industrial solid or hazardous waste available in this state for recovery;
(2)  persons interested in acquiring certain types of industrial solid or hazardous waste for purposes of recovery;  and
(3)  methods for the treatment and recovery of industrial solid or hazardous waste.
(b)  The industrial solid and hazardous waste materials exchange may be operated under one or more reciprocity agreements providing for the exchange of information described by Subsection (a) for similar information from a program operated in another state.
(c)  The commission may contract for a private person or public entity to establish or operate the industrial solid and hazardous waste materials exchange.
(d)  The commission may prescribe rules concerning the establishment and operation of the industrial solid and hazardous waste exchange, including the setting of a necessary subscription fee to offset the cost of participation in the program.
(e)  The commission may seek grants and contract support from federal and other sources to the extent possible and may accept gifts to support its purposes and programs.
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 B. Powers and Duties of Commission › Section 361.029. Collection and Disposal of Household Materials That Could Be Classified as Hazardous Waste

Sec. 361.029.  COLLECTION AND DISPOSAL OF HOUSEHOLD MATERIALS THAT COULD BE CLASSIFIED AS HAZARDOUS WASTE.  (a)  The commission shall provide by rule for interested persons to engage in activities that involve the collection and disposal of household materials that could be classified as hazardous waste.
(b)  The rules must specify the necessary requirements concerning the training of persons involved in the collection and disposal of those household materials.
(c)  A person is not liable for damages as a result of any act or omission in the course of advertising, promoting, or distributing educational materials concerning the collection or disposal of those household materials in accordance with the rules.  This subsection does not preclude liability for damages as a result of gross negligence of or intentional misconduct by the person.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.33, 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 B. Powers and Duties of Commission › Section 361.030. Federal Funds

Sec. 361.030.  FEDERAL FUNDS.  The commission may accept funds from the federal government for purposes concerning solid waste management and spend money received from the federal government for those purposes in the manner prescribed by law and in accordance with agreements as are necessary and appropriate between the federal government and the commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.34, 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 B. Powers and Duties of Commission › Section 361.031. Financial Assistance to Local Governments

Sec. 361.031.  FINANCIAL ASSISTANCE TO LOCAL GOVERNMENTS.  (a)  The commission may administer and spend state funds provided to the commission by legislative appropriations, or otherwise, to make grants to local governments for:
(1)  solid waste planning;
(2)  installation of solid waste facilities;  and
(3)  administration of solid waste programs.
(b)  The grants made under this chapter shall be distributed in a manner determined by the commission.
(c)  The amount of financial assistance granted by the state through the commission to a local government under this chapter must be matched by local government funds at least in equal amounts.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.34, 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 B. Powers and Duties of Commission › Section 361.032. Inspections; Right of Entry

Sec. 361.032.  INSPECTIONS;  RIGHT OF ENTRY.  (a)  The commission may inspect and approve solid waste facilities used or proposed to be used to store, process, or dispose of solid waste.
(b)  Agents or employees of the commission or local governments have the right to enter at any reasonable time public or private property in the governmental entity's jurisdiction, including a municipality's extraterritorial jurisdiction, to inspect and investigate conditions concerning solid waste management and control.
(c)  Agents or employees of the commission or commission contractors have the right to enter at any reasonable time public or private property to investigate or monitor the release or threatened release of a hazardous substance.
(d)  Agents or employees of the commission or commission contractors may not enter private property with management in residence without notifying the management, or the person in charge at the time, of their presence and presenting proper credentials.
(e)  Agents or employees of the commission or commission contractors acting under this section shall observe the establishment's rules on safety, internal security, and fire protection.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.35, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 883, Sec. 3, eff. Aug. 28, 1995.
Sec. 361.033.  INSPECTIONS REQUIRED BY ENVIRONMENTAL PROTECTION AGENCY.  (a)  The commission shall inspect regulated hazardous waste management and disposal facilities periodically as required by the United States Environmental Protection Agency under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Section 6901 et seq.).
(b)  In supplementing the inspections under Subsection (a), the commission shall give priority to inspecting and reinspecting those facilities, including generators, considered most likely to be in noncompliance or most likely to pose an environmental or public health threat, regardless of whether the facilities are characterized as major or non-major facilities.
(c)  The commission may randomly perform less comprehensive checks of facilities to supplement the more comprehensive inspections required by the United States Environmental Protection Agency.
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 B. Powers and Duties of Commission › Section 361.035. Records and Reports; Disposal of Hazardous Waste

Sec. 361.035.  RECORDS AND REPORTS;  DISPOSAL OF HAZARDOUS WASTE.  (a)  The commission by rule shall require operators of solid waste facilities for disposal of hazardous waste to maintain records and to submit to the commission reports necessary for the commission to determine the amount of hazardous waste disposal.
(b)  The commission by rule shall establish the date on which a report required by this section is to be submitted.
(c)  A penalty collected under Subchapter C or D, Chapter 7, Water Code, for the late filing of a report required by this section shall be deposited to the credit of the hazardous and solid waste remediation fee account.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1072, Sec. 29, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 12.008, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter B. Powers and Duties of Commission › Section 361.036. Records and Manifests Required; Class I Industrial Solid Waste or Hazardous Waste

Sec. 361.036.  RECORDS AND MANIFESTS REQUIRED;  CLASS I INDUSTRIAL SOLID WASTE OR HAZARDOUS WASTE.  The commission by rule shall require a person who generates, transports, processes, stores, or disposes of Class I industrial solid waste or hazardous waste to provide recordkeeping and use a manifest or other appropriate system to assure that the waste is transported to a processing, storage, or disposal facility permitted or otherwise authorized for that purpose.
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 B. Powers and Duties of Commission › Section 361.037. Access to Hazardous Waste Records

Sec. 361.037.  ACCESS TO HAZARDOUS WASTE RECORDS.  (a)  Authorized agents or employees of the commission have access to and may examine and copy during regular business hours any records pertaining to hazardous waste management and control.
(b)  Except as provided by this subsection, records copied under Subsection (a) are public records.  If the owner of the records shows to the satisfaction of the executive director that the records would divulge trade secrets if made public, the commission shall consider the copied records confidential.
(c)  Subsection (b) does not require the commission to consider the composition or characteristics of solid waste being processed, stored, disposed of, or otherwise handled to be held confidential.
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 B. Powers and Duties of Commission › Section 361.039. Construction of Other Laws

Sec. 361.039.  CONSTRUCTION OF OTHER LAWS.  Except as specifically provided by this chapter, this chapter does not diminish or limit the authority of the commission, the Department of State Health Services, or a local government in performing the powers, functions, and duties vested in those governmental entities by other law.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.36, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0890, eff. April 2, 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 B. Powers and Duties of Commission › Section 361.040. Treatment of Steel Slag as Solid Waste

Sec. 361.040.  TREATMENT OF STEEL SLAG AS SOLID WASTE.  The commission may not consider steel slag as solid waste if the steel slag is:
(1)  an intended output or result of the use of an electric arc furnace to make steel;
(2)  introduced into the stream of commerce; and
(3)  managed as an item of commercial value, including through a controlled use in a manner constituting disposal, and not as discarded material.
Added by Acts 2015, 84th Leg., R.S., Ch. 786 (H.B. 2598), Sec. 1, eff. September 1, 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 B. Powers and Duties of Commission › Section 361.041. Treatment of Post-Use Polymers and Recoverable Feedstocks as Solid Waste

Sec. 361.041.  TREATMENT OF POST-USE POLYMERS AND RECOVERABLE FEEDSTOCKS AS SOLID WASTE.  (a)  The commission may not consider post-use polymers or recoverable feedstock to be solid waste if they are converted using pyrolysis, gasification, solvolysis, or depolymerization into valuable raw materials or valuable intermediate or final products, including plastic monomers, chemicals, waxes, lubricants, or chemical feedstocks.
(b)  The recycling and reuse of post-use polymers and recoverable feedstocks classified as hazardous waste under federal law are subject to the federal hazardous waste recycling requirements.
Added by Acts 2019, 86th Leg., R.S., Ch. 48 (H.B. 1953), Sec. 2, eff. May 17, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 237 (H.B. 3060), Sec. 3, eff. May 27, 2023.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.061. Permits; Solid Waste Facility

Sec. 361.061.  PERMITS;  SOLID WASTE FACILITY.  Except as provided by Section 361.090 with respect to certain industrial solid waste, the commission may require and issue permits authorizing and governing the construction, operation, and maintenance of the solid waste facilities used to store, process, or dispose of solid waste under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.37, 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 C. Permits › Section 361.062. Compatibility With County's Plan

Sec. 361.062.  COMPATIBILITY WITH COUNTY'S PLAN.  (a)  Before the commission issues a permit to construct, operate, or maintain a solid waste facility to process, store, or dispose of solid waste in a county that has a local solid waste management plan approved by the commission under Chapter 363 (Comprehensive Municipal Solid Waste Management, Resource Recovery, and Conservation Act), the commission must consider whether the solid waste facility and the proposed site for the facility are compatible with the county's approved local solid waste management plan.
(b)  Until a local solid waste management plan is approved by the commission and adopted by rule, the commission may not consider the plan and its contents in the review of an application for a solid waste facility permit.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.37, 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 C. Permits › Section 361.0635. Preapplication Meeting

Sec. 361.0635.  PREAPPLICATION MEETING.  (a)  If requested by a person who intends to file a permit application, the commission shall provide the person an opportunity to meet with one or more staff members of the commission to discuss the permit application that the person intends to file.
(b)  The person must make the request in writing to the commission.
(c)  A meeting under this section must be held before the person files the permit application with the commission.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 10, eff. Sept. 6, 1990.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.39, 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 C. Permits › Section 361.064. Permit Application Form and Procedures

Sec. 361.064.  PERMIT APPLICATION FORM AND PROCEDURES.  (a)  If the commission exercises the power to issue permits for solid waste facilities under this subchapter, the commission, to the extent not otherwise provided by this subchapter, shall prescribe:
(1)  the form of and reasonable requirements for the permit application;  and
(2)  the procedures for processing the application.
(b)  The commission shall provide a thorough and timely review of and a timely issuance or denial of any permit application for a solid waste management facility.
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. 11, eff. Sept. 6, 1990;  Acts 1995, 74th Leg., ch. 76, Sec. 11.39, 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 C. Permits › Section 361.0641. Notice to State Senator and Representative

Sec. 361.0641.  NOTICE TO STATE SENATOR AND REPRESENTATIVE.  On receiving an application for, or notice of intent to file an application for, a permit to construct, operate, or maintain a facility to store, process, or dispose of solid waste or hazardous waste, the commission shall send notice of the application or the notice of intent to the state senator and representative who represent the area in which the facility is or will be located.
Added by Acts 1991, 72nd Leg., ch. 236, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.39, 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 C. Permits › Section 361.066. Submission of Administratively Complete Permit Application

Sec. 361.066.  SUBMISSION OF ADMINISTRATIVELY COMPLETE PERMIT APPLICATION.  (a)  An applicant must submit any portion of an application that the commission determines is necessary to make the application administratively complete not later than the deadline set by the commission under Subsection (c).
(b)  If an applicant does not submit an administratively complete application as required by this section, the application is considered withdrawn, unless there are extenuating circumstances.
(c)  The commission by rule shall establish a deadline for the submission of additional information or material after the applicant receives notice from the commission that the information or material is needed to make the application administratively complete.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.40, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 570, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.0665. Notice of Intent to Obtain Municipal Solid Waste Permit

Sec. 361.0665.  NOTICE OF INTENT TO OBTAIN MUNICIPAL SOLID WASTE PERMIT.  (a)  A person who applies for a municipal solid waste permit shall publish notice of intent to obtain a permit under this chapter at least once in a newspaper of the largest general circulation that is published in the county in which the facility is located or proposed to be located.
(b)  Notice must include:
(1)  a description of the location or proposed location of the facility;
(2)  a statement that a person who may be affected by the facility or proposed facility is entitled to request a hearing from the commission;
(3)  the manner in which the commission may be contacted for further information;  and
(4)  any other information that the commission by rule requires.
(c)  If a newspaper is not published in the county, the notice must be published in a newspaper of general circulation in the county in which the facility is located or proposed to be located and in a newspaper of circulation in the immediate vicinity in which the facility is located or proposed to be located as defined by commission rule.
(d)  In addition, the commission shall publish notice in the Texas Register.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 13(a), eff. Sept. 6, 1990.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.41, 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 C. Permits › Section 361.0666. Public Meeting and Notice for Solid Waste Facilities

Sec. 361.0666.  PUBLIC MEETING AND NOTICE FOR SOLID WASTE FACILITIES.  (a)  An applicant for a permit under this chapter for a new facility that accepts municipal solid wastes may hold a public meeting in the county in which the proposed facility is to be located.
(b)  The applicant shall publish notice of the public meeting at least once each week during the three weeks preceding the meeting.  The notice must be published in the newspaper of the largest general circulation that is published in the county in which the proposed facility is to be located.  If a newspaper is not published in the county, the notice must be published in a newspaper of general circulation in the county.
(c)  The applicant shall present to the commission an affidavit certifying that the notice was published as required by Subsection (b).  The commission's acceptance of the affidavit raises a presumption that the applicant has complied with Subsection (b).
(d)  The published notice may not be smaller than 96.8 square centimeters or 15 square inches, with the shortest dimension not less than 7.5 centimeters or 3 inches.  The notice must contain at least the following information:
(1)  the permit application number;
(2)  the applicant's name;
(3)  the proposed location of the facility;  and
(4)  the location and availability of copies of the application.
(e)  The applicant shall pay the cost of the notice required under this section.  The commission by rule may establish a procedure for payment of those costs.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 2.01, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 582 (H.B. 1609), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.067. Review of Permit Application by Other Governmental Entities

Sec. 361.067.  REVIEW OF PERMIT APPLICATION BY OTHER GOVERNMENTAL ENTITIES.  (a)  If the commission determines that a permit application submitted to it is administratively complete, it shall mail a copy of the application or a summary of its contents to:
(1)  the mayor and health authority of a municipality in whose territorial limits or extraterritorial jurisdiction the solid waste facility is located;  and
(2)  the county judge and the health authority of the county in which the facility is located.
(b)  A governmental entity to whom the information is mailed shall have a reasonable time, as prescribed by the commission, to present comments and recommendations on the permit application before the commission acts on the application.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.42, 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 C. Permits › Section 361.0675. Application Fee for Permit for Municipal Solid Waste Facility

Sec. 361.0675.  APPLICATION FEE FOR PERMIT FOR MUNICIPAL SOLID WASTE FACILITY.  The commission shall charge an applicant for a permit for a municipal solid waste facility an application fee of $2,000.
Added by Acts 2019, 86th Leg., R.S., Ch. 175 (H.B. 1331), Sec. 1, eff. September 1, 2019.