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 361.068. Administratively Complete Application

Sec. 361.068.  ADMINISTRATIVELY COMPLETE APPLICATION.  (a)  A permit application is administratively complete when:
(1)  a complete permit application form and the report and fees required to be submitted with a permit application have been submitted to the commission;  and
(2)  the permit application is ready for technical review in accordance with the rules of the commission.
(b)  Once a determination that an application is administratively and technically complete has been made and the permit application has become the subject of a contested case under Section 2001.003, Government Code:
(1)  the commission may not revoke the determination that an application is administratively or technically complete;
(2)  the commission may request additional information from the applicant only if the information is necessary to clarify, modify, or supplement previously submitted material provided that all parties may engage in discovery against all other parties, as provided by applicable law;  and
(3)  a request for additional information does not render the application incomplete.
(c)  Subsection (b) does not:
(1)  preclude an informal disposition of a contested case by stipulation, agreed settlement, consent order, or default;  or
(2)  restrict the right of any party to conduct discovery against any applicable party under other law.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 1044, Sec. 1, eff. June 20, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(62), 11.43, 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 361.069. Determination of Land Use Compatibility

Sec. 361.069.  DETERMINATION OF LAND USE COMPATIBILITY.  The commission in its discretion may, in processing a permit application, make a separate determination on the question of land use compatibility, and, if the site location is acceptable, may at another time consider other technical matters concerning the application.  A public hearing may be held for each determination in accordance with Section 361.088.  In making a determination on the question of land use compatibility, the commission shall not consider the position of a state or federal agency unless the position is fully supported by credible evidence from that agency during the public hearing.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 802, Sec. 6, eff. June 18, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.44, eff. Sept. 1, 1995.
Sec. 361.078.  MAINTENANCE OF STATE PROGRAM AUTHORIZATION UNDER FEDERAL LAW.  This subchapter does not abridge, modify, or restrict the authority of the commission to adopt rules under Subchapters B and C, to issue permits and to enforce the terms and conditions of the permits, concerning hazardous waste management to the extent necessary for the commission to receive and maintain state program authorization under Section 3006 of 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.).
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 361.079. Notice Concerning Receipt of Permit Application; Hearing Procedures

Sec. 361.079.  NOTICE CONCERNING RECEIPT OF PERMIT APPLICATION;  HEARING PROCEDURES.  (a)  Except as provided by Sections 361.080(b) and 361.081(c), the commission by rule shall establish procedures for public notice and a public hearing under Section 361.080 or 361.081.
(b)  The hearings shall be conducted in accordance with the hearing rules and the applicable provisions of Chapter 2001, Government Code.
(c)  To improve the timeliness of notice to the public of a public hearing under Section 361.080 or 361.081, public notice of receipt of the permit application shall be provided at the time a permit application is submitted to 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. 13(b), eff. Sept. 6, 1990;  Acts 1991, 72nd Leg., ch. 296, Sec. 1.03, eff. June 7, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 11.45, 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 361.0791. Public Meeting and Notice Requirement

Sec. 361.0791.  PUBLIC MEETING AND NOTICE REQUIREMENT.  (a)  Notwithstanding other law, the commission may hold a public meeting on an application for a new hazardous waste management facility in the county in which the proposed hazardous waste management facility is to be located.  The commission may hold a public meeting on an application for a Class 3 modification or a major amendment to an existing facility's hazardous waste permit.
(b)  Notwithstanding other law, the commission may hold a public meeting on an application for a new municipal solid waste management facility in the county in which the proposed municipal solid waste management facility is to be located.
(c)  A public meeting held as part of a local review process under Section 361.063 meets the requirement of Subsection (a) or (b) if notice is provided as required by this section.
(d)  A public meeting under this section is not a contested case hearing under Chapter 2001, Government Code.
(e)  If a meeting is required under Subsection (a), not less than once each week during the three weeks preceding a public meeting, the applicant shall publish notice of the meeting in the newspaper of the largest general circulation that is published in the county in which the proposed facility is to be located or, if no newspaper is published in the county, in a newspaper of general circulation in the county.  The applicant shall provide the commission an affidavit certifying that the notice was given as required by this section.  Acceptance of the affidavit creates a rebuttable presumption that the applicant has complied with this section.
(f)  The published notice may not be smaller than 96.8 square centimeters or 15 square inches with the shortest dimension at least 7.6 centimeters or three inches and shall contain, at a minimum, 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 permit application.
(g)  The applicant shall pay the cost of notice required to be provided under this section.  The commission by rule may establish procedures for payment of those costs.
Added by Acts 1991, 72nd Leg., ch. 296, Sec. 1.04, eff. June 7, 1991.  Amended by Acts 1993, 73rd Leg., ch. 802, Sec. 3, eff. June 18, 1993;  Acts 1993, 73rd Leg., ch. 1044, Sec. 3, eff. June 20, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 11.46, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 582 (H.B. 1609), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.080. Hearing Concerning Permit Application for Hazardous Industrial Solid Waste Facility

Sec. 361.080.  HEARING CONCERNING PERMIT APPLICATION FOR HAZARDOUS INDUSTRIAL SOLID WASTE FACILITY.  (a)  A hearing on an application for a permit concerning a hazardous industrial solid waste facility must include one session held in the county in which the facility is located.
(b)  Notice for a hearing session held under this section shall be provided in accordance with Section 361.0791.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 296, Sec. 1.05, 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 361.081. Notice of Hearing Concerning Application for a Solid Waste Facility

Sec. 361.081.  NOTICE OF HEARING CONCERNING APPLICATION FOR A SOLID WASTE FACILITY.  (a)  The commission shall require the applicant to mail notice to each residential or business address located within one-half mile of a new solid waste management facility and to each owner of real property located within one-half mile of a new solid waste management facility listed in the real property appraisal records of the appraisal district in which the solid waste management facility is sought to be permitted as of the date the commission determines the permit application is administratively complete.  The notice must be sent by mail and must be deposited with the United States postal service not more than 45 days or less than 30 days before the date of the hearing.
(b)  The applicant must certify to the commission that the mailings were deposited as required by Subsection (a).  Acceptance of the certification creates a rebuttable presumption that the applicant has complied with this section.  Substantial compliance with the notice requirements of Subsection (a) is sufficient for the commission to exercise jurisdiction over an application for a solid waste facility.
(c)  In addition to the requirements of Subsection (a), the commission shall hold a public meeting and the applicant shall give notice concerning the application for a permit for a new hazardous waste management facility as provided by Section 361.0791.
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. 13(c), eff. Sept. 6, 1990;  Acts 1991, 72nd Leg., ch. 296, Sec. 1.06, eff. June 7, 1991;  Acts 1993, 73rd Leg., ch. 802, Sec. 4, eff. June 18, 1993;  Acts 1993, 73rd Leg., ch. 1044, Sec. 4, eff. June 20, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.47, 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 361.083. Evidence of Notice of Hearing

Sec. 361.083.  EVIDENCE OF NOTICE OF HEARING.  (a)  Before the commission may hear testimony in a contested case, evidence must be placed in the record to show that proper notice of the hearing was given to affected persons.
(b)  If mailed notice to an affected person is required, the commission or other party to the hearing shall place evidence in the record that notice was mailed to the affected person's address as shown by the appropriate appraisal district real property appraisal records at the time of the mailing.
(c)  The affidavit of the commission employee responsible for the mailing of the notice, attesting that the notice was mailed to the address shown by the appraisal district real property appraisal records at the time of mailing, is prima facie evidence of proper mailing.
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. 14, eff. Sept. 6, 1990;  Acts 1995, 74th Leg., ch. 76, Sec. 11.47, 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 361.0831. Ex Parte Contacts Prohibited

Sec. 361.0831.  EX PARTE CONTACTS PROHIBITED.  (a)  Unless required for the disposition of ex parte matters authorized by law, or unless permitted by Section 2001.061, Government Code, a hearings examiner may not communicate, directly or indirectly, with any employee of the commission, any commissioner, or any party to a hearing conducted by the commission in connection with any issue of fact or law pertaining to a contested case in which the commission or party is involved.
(b)  Except for communications allowed under Subsection (a), an employee of the commission, a commissioner, or a party to a hearing conducted by the commission may not attempt to influence the finding of facts or the application of law or rules by a hearings examiner except by proper evidence, pleadings, and legal argument with notice and opportunity for all parties to participate.
(c)  If a prohibited contact is made, the hearings examiner shall notify all parties with a summary of that contact and notice of their opportunity to respond and shall give all parties an opportunity to respond.
Added by Acts 1991, 72nd Leg., ch. 296, Sec. 1.08, eff. June 7, 1991.  Amended by Acts 1993, 73rd Leg., ch. 177, Sec. 1, eff. May 17, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(56), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 106, Sec. 6, 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 361.0832. Proposal for Decision; Certified Issues; Reversal by Commission

Sec. 361.0832.  PROPOSAL FOR DECISION;  CERTIFIED ISSUES;  REVERSAL BY COMMISSION.  (a)  After hearing evidence and receiving legal arguments, a hearings examiner shall make findings of fact, conclusions of law, and any ultimate findings required by statute, all of which shall be separately stated.  The hearings examiner shall make a proposal for decision to the commission and shall serve the proposal for decision on all parties.  The commission shall consider and act on the proposal for decision.
(b)  If a contested case involves an ultimate finding of compliance with or satisfaction of a statutory standard the determination of which is committed to the discretion or judgment of the commission by law, a hearings examiner, on joint motion of all parties or sua sponte, may certify those policy issues to the commission.  A certification request must contain a statement of the policy issue to be determined and a statement of all relevant facts sufficient to show fully the nature of the controversy.  The commission may receive written or oral statements from parties to the hearing or the hearings examiner on the policy issue certified.  The commission must answer policy issues not later than the 60th day after the date of certification or, in its discretion, may decline to answer.  If the commission fails to answer a policy issue within that period, the commission shall be deemed to have declined to answer.  The hearings examiner shall proceed with the contested case and make a proposal for decision as required by Subsection (a).
(c)  The commission may overturn an underlying finding of fact that serves as the basis for a decision in a contested case only if the commission finds that the finding was not supported by the great weight of the evidence.
(d)  The commission may overturn a conclusion of law in a contested case only on the grounds that the conclusion was clearly erroneous in light of precedent and applicable rules.
(e)  If a decision in a contested case involves an ultimate finding of compliance with or satisfaction of a statutory standard the determination of which is committed to the discretion or judgment of the commission by law, the commission may reject a proposal for decision as to the ultimate finding for reasons of policy only.
(f)  The commission shall issue written rulings, orders, or decisions in all contested cases and shall fully explain in a ruling, order, or decision the reasoning and grounds for overturning each finding of fact or conclusion of law or for rejecting any proposal for decision on an ultimate finding.
(g)  To the extent of a conflict between this section and Section 2001.058(e), Government Code, this section controls.
Added by Acts 1991, 72nd Leg., ch. 296, Sec. 1.08, eff. June 7, 1991.  Amended by Acts 1995, 74th Leg., ch. 106, Sec. 7, 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 361.0855. Demonstration of Financial Assurance

Sec. 361.0855.  DEMONSTRATION OF FINANCIAL ASSURANCE.  (a)  In this section:
(1)  "Bonds" means financial obligations issued by a local government, including general obligation bonds, revenue bonds, and certificates of obligation.
(2)  "Local government" includes:
(A)  a local government corporation created under Chapter 431, Transportation Code, to act on behalf of a local government; and
(B)  a conservation and reclamation district created under Section 59, Article XVI, Texas Constitution.
(b)  Notwithstanding any requirement of the commission for the demonstration of financial assurance, a local government that owns or operates a municipal solid waste landfill facility regulated by this chapter is considered to have satisfied all requirements of the commission for the demonstration of financial assurance in relation to closure, post closure, or corrective action, if the local government:
(1)  establishes and passes a financial test in accordance with commission rules; and
(2)  demonstrates that the outstanding bonds of the local government that are not secured by insurance, a letter of credit, or any other collateral or guarantee have a current rating of AAA, AA, A, or BBB as determined by Standard and Poor's or Aaa, Aa, A, or Baa as determined by Moody's.
(c)  A local government must demonstrate financial assurance under this section:
(1)  before the date of the initial receipt of waste at the facility; or
(2)  as soon as practicable if, on the effective date of this section, the facility was in operation and had received waste.
Added by Acts 2005, 79th Leg., Ch. 154 (H.B. 2131), Sec. 1, eff. May 24, 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 361.086. Separate Permit for Each Facility

Sec. 361.086.  SEPARATE PERMIT FOR EACH FACILITY.  (a)  Except as provided by Subsection (d), a separate permit is required for each solid waste facility.
(b)  A permit under this subchapter may be issued only to the person in whose name the application is made and only for the facility described by the permit.
(c)  A permit may not be transferred without first giving written notice to and receiving written approval of the agency that issued the permit.
(d)  A separate permit is not required for activities authorized by a general permit issued under Section 27.025, Water Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 901 (H.B. 2654), Sec. 5, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.002(10), 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 C. Permits › Section 361.0861. Separate Recycling or Recovery Permit Not Required

Sec. 361.0861.  SEPARATE RECYCLING OR RECOVERY PERMIT NOT REQUIRED.  (a)  A permit holder or a municipal solid waste management facility that has or plans to have a recycling, waste separation, energy and material recovery, or gas recovery or transfer facility established in conjunction with the permitted municipal solid waste management facility is not required to obtain for that recycling, waste separation, energy and material recovery, or gas recovery or transfer facility a separate permit from the commission or to apply for an amendment to an existing permit issued by the commission.
(b)  A facility to which this section applies must register with the commission in accordance with commission rules and comply with commission rules adopted under this chapter.
(c)  If a permit is otherwise required, the commission shall expedite the permit proceeding if the applicant is seeking a permit for a solid waste management facility that employs an innovative, high technology method of waste disposition and recycling.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 15, eff. Sept. 6, 1990.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.50, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 987, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.087. Contents of Permit

Sec. 361.087.  CONTENTS OF PERMIT.  A permit issued under this subchapter must include:
(1)  the name and address of each person who owns the land on which the solid waste facility is located and the person who is or will be the operator or person in charge of the facility;
(2)  a legal description of the land on which the facility is located;  and
(3)  the terms and conditions on which the permit is issued, including the duration of the permit.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 361.0871.  EVALUATION OF WASTE STREAM;  LAND USE AND NEED.  (a)  Before a permit may be issued for a new hazardous waste management facility or amended to provide for capacity expansion, the applicant shall identify the nature of any known specific and potential sources, types, and volumes of waste to be stored, processed, or disposed of by the facility and shall identify any other related information the commission may require.
(b)  In evaluating a permit for a new hazardous waste management facility, the commission shall assess the impact of the proposed facility on local land use in the area, including any relevant land use plans in existence before publication of the notice of intent to file a solid waste permit application or, if no notice of intent is filed, at the time the permit application is filed.  In determining whether a new hazardous waste management facility is compatible with local land use, the commission shall consider, at a minimum, the location of industrial and other waste-generating facilities in the area, the amounts of hazardous waste generated by those facilities, and the risks associated with the transportation of hazardous waste to the facility.  If the commission determines that a proposed application is not compatible with local land use, it may deny the permit.  The commission shall adopt rules to implement this subsection.
(c)  Repealed by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 7.04(a).
Added by Acts 1991, 72nd Leg., ch. 296, Sec. 1.13, eff. June 7, 1991.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 7.04(a), eff. Jan. 11, 2004.
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 361.088. Permit Issuance, Amendment, Extension and Renewal; Notice and Hearing

Sec. 361.088.  PERMIT ISSUANCE, AMENDMENT, EXTENSION AND RENEWAL;  NOTICE AND HEARING.  (a)  The commission may amend, extend, or renew a permit it issues in accordance with reasonable procedures prescribed by the commission.
(b)  The procedures prescribed by Section 361.067 for a permit application apply to an application to amend, extend, or renew a permit.
(c)  Except as provided by Subsection (e), before a permit is issued, amended, extended, or renewed, the commission shall provide an opportunity for a hearing to the applicant and persons affected.  The commission may also hold a hearing on its own motion.
(d)  In addition to providing an opportunity for a hearing held under this section, the commission shall hold a public meeting and give notice as provided by Section 361.0791.
(e)  After complying with Sections 5.552-5.555, Water Code, the commission, without providing an opportunity for a contested case hearing, may act on an application to renew a permit for:
(1)  storage of hazardous waste in containers, tanks, or other closed vessels if the waste:
(A)  was generated on-site;  and
(B)  does not include waste generated from other waste transported to the site;  and
(2)  processing of hazardous waste if:
(A)  the waste was generated on-site;
(B)  the waste does not include waste generated from other waste transported to the site;  and
(C)  the processing does not include thermal processing.
(f)  Notwithstanding Subsection (e), if the commission determines that an applicant's compliance history under the method for evaluating compliance history developed by the commission under Section 5.754, Water Code, raises an issue regarding the applicant's ability to comply with a material term of its permit, the commission shall provide an opportunity to request a contested case hearing.
(g)  The commission shall review a permit issued under this chapter every five years to assess the permit holder's compliance history.
(h)  Before a permit for a proposed municipal solid waste management facility is issued, amended, extended, or renewed, the commission shall inspect the facility or site used or proposed to be used to store, process, or dispose of municipal solid waste to confirm information included in the permit application.  The commission by rule shall prescribe the kinds of information in a permit application that require confirmation under this subsection.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 296, Sec. 1.14, eff. June 7, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.51, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1350, Sec. 4, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 965, Sec. 4.05, 16.11, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 369 (H.B. 1435), Sec. 1, 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 C. Permits › Section 361.0885. Denial of Application; Involvement of Former Employee

Sec. 361.0885.  DENIAL OF APPLICATION;  INVOLVEMENT OF FORMER EMPLOYEE.  (a)  After providing an opportunity for a hearing to an applicant, the state agency shall deny an application for the issuance, amendment, renewal, or transfer of a permit within its jurisdiction and may not issue, amend, renew, or transfer the permit if the state agency determines that a former employee:
(1)  participated personally and substantially as a former employee in the state agency's review, evaluation, or processing of that application before leaving employment with the state agency;  and
(2)  after leaving employment with the state agency, provided assistance on the same application for the issuance, amendment, renewal, or transfer of a permit, including assistance with preparation or presentation of the application or legal representation of the applicant.
(b)  Action taken under this section does not prejudice any application in which the former employee did not provide assistance.
(c)  In this section, "former employee" means a person:
(1)  who was previously employed by the state agency as a supervisory or exempt employee;  and
(2)  whose duties during employment with that state agency included involvement in or supervision of that state agency's review, evaluation, or processing of applications.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 16, eff. Sept. 6, 1990.
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 361.0895. Facilities Required to Obtain Federal Approval

Sec. 361.0895.  FACILITIES REQUIRED TO OBTAIN FEDERAL APPROVAL.  For a commercial hazardous waste disposal well facility originally permitted by the commission after June 7, 1991, and which is required to obtain from the United States Environmental Protection Agency a variance from the federal land disposal restrictions before injecting permitted hazardous wastes:
(1)  a permit or other authorization issued to the facility under this chapter is not subject to cancellation, amendment, modification, revocation, or denial of renewal because the permit holder has not commenced construction or operation of the facility;  and
(2)  the fixed term of each permit or other authorization issued to the facility under this chapter shall commence on the date physical construction of the authorized waste management facility begins.
Added by Acts 1997, 75th Leg., ch. 1211, Sec. 2, 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 361.090. Regulation and Permitting of Certain Industrial Solid Waste Disposal

Sec. 361.090.  REGULATION AND PERMITTING OF CERTAIN INDUSTRIAL SOLID WASTE DISPOSAL.  (a)  The commission may not require a permit under this chapter for the collection, handling, storage, processing, and disposal of industrial solid waste that is disposed of within the boundaries of a tract of land that is:
(1)  owned or otherwise effectively controlled by the owners or operators of the particular industrial plant, manufacturing plant, mining operation, or agricultural operation from which the waste results or is produced;  and
(2)  located within 50 miles from the plant or operation that is the source of the industrial solid waste.
(b)  This section does not apply to:
(1)  waste collected, handled, stored, processed, or disposed of with solid waste from any other source or sources;  or
(2)  hazardous waste.
(c)  This section does not change or limit any authority the commission may have concerning:
(1)  the requirement of permits and the control of water quality, or otherwise, under Chapter 26, Water Code;  or
(2)  the authority under Section 361.303.
(d)  The commission may adopt rules under Section 361.024 to control the collection, handling, storage, processing, and disposal of the industrial solid waste to which this section applies to protect the property of others, public property and rights-of-way, groundwater, and other rights requiring protection.
(e)  The commission may require a person who disposes or plans to dispose of industrial solid waste and claims to be exempt under this section to submit to the commission information that is reasonably required to enable the commission to determine if this section applies to the waste disposal activity.
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 361.0901. Regulation and Permitting of Certain Commercial Industrial Solid Waste Facilities

Sec. 361.0901.  REGULATION AND PERMITTING OF CERTAIN COMMERCIAL INDUSTRIAL SOLID WASTE FACILITIES.  (a)  In this section:
(1)  "Captured facility" has the meaning assigned by Section 361.131.
(2)  "Commercial industrial solid waste facility" means any industrial solid waste facility that accepts industrial solid waste for a charge, but does not include a municipal solid waste facility, a captured facility, or a facility that accepts waste only from other facilities owned or effectively controlled by the same person.
(3)  "Publicly owned treatment works" means any device or system used in the treatment, recycling, or reclamation of municipal sewage or industrial waste of a liquid nature that is owned by a state or by a municipality as defined by Section 502(4), Federal Water Pollution Control Act (33 U.S.C. Section 1362).  The term includes a sewer, pipe, or other conveyance only if the sewer, pipe, or conveyance conveys wastewater to a publicly owned treatment works providing treatment.
(b)  A commercial industrial solid waste facility may not receive industrial solid waste for discharge into a publicly owned treatment works facility without first obtaining from the commission a permit under this chapter or a permit under Chapter 26, Water Code.
(c)  This section does not require a commercial industrial solid waste facility to obtain a permit for discharge into a publicly owned treatment works facility liquid wastes that are incidental to the handling, processing, storage, or disposal of solid wastes at a municipal solid waste facility or commercial industrial solid waste landfill facility.
Added by Acts 2005, 79th Leg., Ch. 362 (S.B. 1281), 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 361.092. Registration for Extracting Materials From Certain Solid Waste Facilities

Sec. 361.092.  REGISTRATION FOR EXTRACTING MATERIALS FROM CERTAIN SOLID WASTE FACILITIES.  (a)  The commission may require a registration to extract materials for energy and material recovery and for gas recovery from closed or inactive portions of a solid waste facility that has been used for disposal of municipal or industrial solid waste.
(b)  The commission shall adopt standards necessary to ensure that the integrity of a solid waste facility is maintained.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.54, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 987, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.093. Regulation and Permitting of Rendering Plants

Sec. 361.093.  REGULATION AND PERMITTING OF RENDERING PLANTS.  (a)  A manufacturing or processing establishment, commonly known as a rendering plant, that processes waste materials originating from animals and from materials of vegetable origin, including animal parts and scraps, offal, paunch manure, and waste cooking grease of animal and vegetable origin, is subject to regulation under the industrial solid waste provisions of this chapter and may be regulated under Chapter 26, Water Code.
(b)  If a rendering plant is owned by a person who operates the plant as an integral part of an establishment that manufactures or processes for animal or human consumption food derived wholly or partly from dead, slaughtered, or processed animals, the combined business may operate under a single permit issued under Chapter 26, Water Code.
(c)  This section does not apply to a rendering plant in operation and production on or before August 27, 1973.
(d)  In this section, "animals" includes only animals, poultry, and fish.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 361.094.  PERMIT HOLDER EXEMPT FROM LOCAL LICENSE REQUIREMENTS.  If a permit is issued, amended, renewed, or extended by the commission in accordance with this subchapter, the solid waste facility owner or operator does not need to obtain a license for the same facility from a political subdivision under Section 361.165 or from a county.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.54, 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 361.096. Effect on Authority of Local Government or Other Political Subdivision

Sec. 361.096.  EFFECT ON AUTHORITY OF LOCAL GOVERNMENT OR OTHER POLITICAL SUBDIVISION.  (a)  Except as specifically provided by this chapter, this subchapter does not limit the powers and duties of a local government or other political subdivision of the state as conferred by this or other law.
(b)  Sections 361.094 and 361.095 do not affect the power of a local government or other political subdivision to adopt or enforce building codes.
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 361.0961. Restrictions on Authority of Local Government or Other Political Subdivision

Sec. 361.0961.  RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT OR OTHER POLITICAL SUBDIVISION.  (a)  A local government or other political subdivision may not adopt an ordinance, rule, or regulation to:
(1)  prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law;
(2)  prohibit or restrict the processing of solid waste by a solid waste facility, except for a solid waste facility owned by the local government, permitted by the commission for that purpose in a manner not authorized by state law;  or
(3)  assess a fee or deposit on the sale or use of a container or package.
(b)  This section does not prevent a local government or other political subdivision from complying with federal or state law or regulation.  A local government or other political subdivision may take any action otherwise prohibited by this section in order to comply with federal requirements or to avoid federal or state penalties or fines.
(c)  This section does not limit the authority of a local government to enact zoning ordinances.
Added by Acts 1993, 73rd Leg., ch. 1045, Sec. 12, 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 361.097. Condition on Issuance of Permit for Hazardous Waste Management Facility

Sec. 361.097.  CONDITION ON ISSUANCE OF PERMIT FOR HAZARDOUS WASTE MANAGEMENT FACILITY.  The commission by rule shall condition the issuance of a permit for a new hazardous waste management facility or the areal expansion of an existing hazardous waste management facility on the selection of a facility site that reasonably minimizes possible contamination of surface water and groundwater.
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 361.098. Prohibition on Permit for Hazardous Waste Landfill in 100-Year Floodplain

Sec. 361.098.  PROHIBITION ON PERMIT FOR HAZARDOUS WASTE LANDFILL IN 100-YEAR FLOODPLAIN.  (a)  Except as provided by Subsections (b) and (c), the commission by rule shall prohibit the issuance of a permit for a new hazardous waste landfill or an areal expansion of such a landfill if the landfill is to be located in the 100-year floodplain existing before site development, unless the landfill is to be located in an area with a flood depth of less than three feet.
(b)  The commission by rule may allow an areal expansion of a landfill in a 100-year floodplain if it can be demonstrated to the satisfaction of the commission that the facility design will prevent the physical transport of any hazardous waste by a 100-year flood event.
(c)  The commission by rule shall prohibit the issuance of a permit for a new commercial hazardous waste land disposal unit if the unit is to be located in a 100-year floodplain, unless the applicant can demonstrate to the satisfaction of the commission that the facility design will prevent the physical transport of any hazardous waste by a 100-year flood event.
(d)  The commission by rule shall require an applicant to provide sufficient information to assure that a proposed hazardous waste landfill, areal expansion of such landfill, or new commercial hazardous waste land disposal unit is not subject to inundation of a 100-year flood event.  An applicant or any other party may not rely solely on floodplain maps prepared by the Federal Emergency Management Agency or a successor agency to determine whether a hazardous waste landfill, areal expansion of such landfill, or commercial hazardous waste land disposal unit is subject to such an inundation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 296, Sec. 1.15, 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 361.099. Prohibition on Permit for Hazardous Waste Management Unit in Wetlands

Sec. 361.099.  PROHIBITION ON PERMIT FOR HAZARDOUS WASTE MANAGEMENT UNIT IN WETLANDS.  (a)  The commission by rule shall prohibit the issuance of a permit for a new hazardous waste management unit or an areal expansion of an existing hazardous waste management unit if the unit is to be located in wetlands, as defined by the commission.
(b)  In this section and Section 361.100, "hazardous waste management unit" means a landfill, surface impoundment, land treatment facility, waste pile, or storage or processing facility used to manage hazardous waste.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter C. Permits › Section 361.100. Prohibition on Permit for Certain Hazardous Waste Management Units

Sec. 361.100.  PROHIBITION ON PERMIT FOR CERTAIN HAZARDOUS WASTE MANAGEMENT UNITS.  The commission by rule shall prohibit the issuance of a permit for a new hazardous waste management unit if the landfill:
(1)  is in a floodplain of a perennial stream subject to not less than one percent chance of flooding in any year, delineated on a flood map adopted by the Federal Emergency Management Agency after September 1, 1985, as zone A1-99, V0, or V1-30;  and
(2)  receives hazardous waste for a fee.
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 361.101. Prohibition on Permit for Facility on Recharge Zone of Sole Source Aquifer

Sec. 361.101.  PROHIBITION ON PERMIT FOR FACILITY ON RECHARGE ZONE OF SOLE SOURCE AQUIFER.  The commission by rule shall prohibit the issuance of a permit for a new hazardous waste landfill, land treatment facility, surface impoundment, or waste pile, or areal expansion of such a facility, if the facility is to be located on the recharge zone of a sole source aquifer.
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 361.1011. Prohibition on Permit for Facility Affected by Fault

Sec. 361.1011.  PROHIBITION ON PERMIT FOR FACILITY AFFECTED BY FAULT.  If a fault exists within two and one-half miles from the proposed or existing wellbore of a Class I injection well or the area within the cone of influence, whichever is greater, or if a fault exists within 3,000 feet of a proposed hazardous waste management facility other than a Class I injection well or of a capacity expansion of an existing hazardous waste management facility, the burden is on the applicant, unless previously demonstrated to the commission or to the United States Environmental Protection Agency, to show:
(1)  in the case of Class I injection wells, that the fault is not sufficiently transmissive or vertically extensive to allow migration of hazardous constituents out of the injection zone;  or
(2)  in the case of a proposed hazardous waste management facility other than a Class I injection well or for a capacity expansion of an existing hazardous waste management facility, that:
(A)  the fault has not had displacement within Holocene time, or if faults have had displacement within Holocene time, that no such faults pass within 200 feet of the portion of the surface facility where treatment, storage, or disposal of hazardous wastes will be conducted;  and
(B)  the fault will not result in structural instability of the surface facility or provide for groundwater movement to the extent that there is endangerment to human health or the environment.
Added by Acts 1991, 72nd Leg., ch. 296, Sec. 1.16, 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 361.103. Other Areas Unsuitable for Hazardous Waste Management Facility

Sec. 361.103.  OTHER AREAS UNSUITABLE FOR HAZARDOUS WASTE MANAGEMENT FACILITY.  The commission by rule shall define the characteristics that make other areas unsuitable for a hazardous waste management facility, including consideration of:
(1)  flood hazards;
(2)  discharge from or recharge to a groundwater aquifer;
(3)  soil conditions;
(4)  areas of direct drainage within one mile of a lake used to supply public drinking water;
(5)  active geological processes;
(6)  coastal high hazard areas, such as areas subject to hurricane storm surge and shoreline erosion;  or
(7)  critical habitat of endangered species.
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 361.104. Prohibition on Permit for Facility in Unsuitable Area

Sec. 361.104.  PROHIBITION ON PERMIT FOR FACILITY IN UNSUITABLE AREA.  The commission by rule shall prohibit the issuance of a permit for a new hazardous waste management facility or an areal expansion of an existing hazardous waste management facility if the facility is to be located in an area determined to be unsuitable under rules adopted by the commission under Section 361.103 unless the design, construction, and operational features of the facility will prevent adverse effects from unsuitable site characteristics.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.